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lindyhop

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  1. Hi Andy I really do appreciate your time. from 8 onwards the claimant has not included anything in their POC about the major works. So i take your point about there being too much information as there is nothing to answer to at this point. The claimants POC sticks to the numerical amount outstanding and alleged breach nothing else. i have put the additional points in to show the judge that the case should be referred to FTT on grounds of unreasonable service charges, and not heard at the county court. If i do not give the judge reason
  2. Hi Andy yes it is. the way i have laid out my defence up to point 7 is in response to the claimants POC. for obvious reasons i would prefer not to publish the POC. but can give an outline below and hopefully this will help 1 who claimant is 2 details of the lease originator and remaining terms 3 lease covenants and clauses (accepted by me as correct) 4 covenant breach and amount claimed (not accepted by me and challenge as incorrect/unreasonable as stated reasons in my points 7-13) 5 legal costs claimed (i have found and will
  3. HelloHopefully there is someone on site that can help with this. Please see below first draft, is the below draft anyway near enough?. I would be grateful to receive constructive comments and/or suggestions on amendments as I am not sure that I have drafted this right and/or included enough information. Also any links on this type of defence drafting would be appreciated. The defence is in connection to a claim for major works. I am a leaseholder. I hope that the details include in the below draft defence explains the situation. I would also like some pointers on coun
  4. Hi Andy Many thanks Exactly what i needed.
  5. Hi Looking for help to write a letter to the courts, following agreement by the other party (claimant) to allow an extension so that i can formalise my defence.
  6. Hi Grinchy Please be careful here and read up a bit more on this issue, and/or report back on your experience/outcome, because....... if this was a water bill, it runs differently as they are currently allowed to have a rolling default. IE defaulted in 2013, no payment. new bill 2014. new billed amount added to existing default. no payment. new bill 2015. new billed amount added to existing default. ETC When sending out each new bill for the next financial year, the water board state on the bill that they are including the new amount owed onto the existing def
  7. There you see DX What a bonus. Any confusion on my part has proved useful. Others seeing this thread along with myself will note the valid points you have made about the difference between the mortgage debt and store cards debt. Patient and conducive points will always be welcomed because of the help and clarification they provide. Most of us on here, are here to learn which is why the willing sharing of knowledge and information is such a good thing (when not conveyed in an attempt to 'put down'). Many thanks DX
  8. DX I do know that, but wanted to demonstrate to other readers of the thread that they may also have an outstanding point, which can be useful when users are reading threads on points of research. a positive and helpful attitude is always best don't you think DX, especially with encouraging users to carry out further research and/or obtain answers - i was not attempting to take over this thread but raise a point that others could possibly use.
  9. Hi DX with my own case and having checked the log provided by Next, and received their SARs docs, there is only a copy of a letter of threat to report to CRA if debt not cleared, (which took repeated demands for them to produce and which i suspect has been created latterly) no copy of DN, and no mention in their log that a DN was sent. however reported to CRA. Hence my query on the correct procedure for reporting to the CRA.
  10. Quick question with ref thread 2. if nram had not issued a default notice, does that mean they cannot/should not default you to a CRA?
  11. bg tried to order me to set up DD stating no longer do bso's. i refused point blank, ended being late with payments, so had to enter an arrangement. wrote in and asked for their bank acc details - provided, used this and my ref number to set up bso. bg get their money, but I'm still in charge and can budget accordingly. all done without the need of a bg mandate form. alt, you could set up a monthly bill payment - you maybe able to arrange this with online bank acc.
  12. Hi WW I understand that there is a court case pending that may settle and set precedence on the SB argument. In the meantime i follow your own thread with interest.
  13. check through their paperwork with a fine toothcombe. Next will try to fob you off with a doc that does not comply. a pre April 2007 true copy/recon can be problematic for the creditor, where enforcement via the courts is concerned (ccj). They can however sell the debt and/or try to chase for payment. If the paperwork they have sent does not comply and they sell on the debt or a dca sells on the debt, you can send Next or the dca a sold whilst in dispute letter. check on this site as to what should be included following a c/a request and what is, is not enforceable.
  14. Hi i fully understand about the 'letter tennis', but reply 3 talks about unenforcabilty which i needed clarification on - I'm still not clear from your response Dx does the selling on of a debt whilst CCA request is outstanding make debt unenforceable? Response from anyone in the know appreciated:-)
  15. Hi Kkatie I had to appeal a Lloyds complaint team decision recently. i took it to the CEO. He didn't respond to me in person but my complaint got upheld and in addition a cheque for £+ to cover the inconvenience was sent to me. Drop a line addressed to the CEO, you have nothing to lose, at least then you know you have tried everything to get your complaint looked at a bit more fairly and not being 'fobbed off' Send recorded delivery of course or if money is tight, use certificate of posting:-)
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