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purplenora

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  1. Should this to be take into court with him or should he send something in earlier?
  2. His financial situation isn’t great, and the landlord has made lots of things up. The things he’s put isn’t true at all. My friend did tell the full truth with incoming and outgoing, I helped him fill in his form and he checked bills etc. to make sure it was right. His wage is ok, but not as good as the landlord thinks it is, and he doesn’t have anything spare. How much are they likely to take from him? Should he send any reply? the letter just says to take the court letter with him.
  3. I’ve no idea, it’s just a court letter saying Notice of Hearing of Application at the top, then the details of claimant and defendant. There’s a second photocopied court letter attached which says creditors Reply to Debtors Application to suspend warrant of control. This has ticky boxes on for accepting or not, and a separate letter from the landlord. I will scan them both in
  4. is there a chance that the judge might send bailiffs? The landlord’s argument is that a payment is a waste of time they should just send out bailiffs. I’d thought that if the judge agreed to a payment plan then there was nothing more the landlord could do
  5. Sorry I didn’t think to come and update this. the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims. However, I’m back asking advice now. he made an offer of payment via the court forms, sometime before Christmas straight after the hearing. The landlord didn’t reply, the court accepted the payments. My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs - just because the landlord wants them to? I have no clue what to advise him, can you help at all please?
  6. He has received the landlords witness statement, and there is photos of scratched flooring. However there are no before photos at all, and they were definitely commented on when my friend and his family moved in
  7. Thank you. I know this is a huge ask, but if I get this done in the next couple of hours would you please take a quick look at it for me before I give it to him to submit? also, the lack of pre action protocol, is that likely to be taken seriously by the court or will they brush it off?
  8. Thank you so much! do I put this as the first point in his evidence? And am I ok to use that word for word?
  9. Hiya, I am helping someone with a. Court claim against them. In short it’s their old landlord taking them to court for £4500. There were disputes after leaving, and the final months rent owing, which the landlord has since taken the bond which covers that. He is also claiming for a number of things, including full new flooring downstairs as he said the old was scratched, it was also very old, older than 10 years. My friend had lived there for 6 years and it was old when he moved in and noted that there were scratches on the floor in the inventory. I know that he would only be allowed to claim a portion of that as he is not allowed to benefit from betterment, but I am struggling to find the litigation to back that up. also, he never issued any letter before action, the first my friend knew of this was the court paperwork. He submitted his defence etc in time, and though I’m sure it wasn’t great, and definitely wasn’t worded in Any legal sort of way, it was in. He now needs to submit his witness statement by 4pm today. He’s requested an extension due to not having received the sar from the letting agents which means he doesn’t have all the info he needs to submit. But he hasn’t heard back from the court so needs to do something by 4, which I am trying to help him get done in time, can anyone help advise how to argue that there was no letter before action please? I know it’s an issue, but I don’t know how to argue it for him and can’t find anything when I’ve searched on here. Also, can he win with this?
  10. No, it’s just their second response to my response to their pap letter. it’s complicated, but they sent me pap months ago for 3 combined debts, i responded to Lowell and solicitor as recommended. Solicitor sent me the agreements of two capital one accounts and said they couldn’t locate any documents for the third so said they would write it off. Lowell sent me account details for an old statute barred vanquis account. A couple of months later overdales sent me another pap letter for the same 3 initial accounts. I checked here and responded the same way as the first time. I’ve had no response at all from Lowell, yesterday I got the statements and default notices from overdales. The front page now only states the two capital one accounts, and says that they will now proceed with court action. I’ve still got no response from Lowell, just from overdales, but altogether I have account agreements, statements and default notices. I was wondering what I should do now, and if I should consider irl claim?
  11. Yesterday I received a pack from overdales containing default notices and statements of accounts for both capital one accounts. They sent the agreements ages ago, as uploaded in earlier comments. The letter states that they will go for a ccj if I don’t set up a repayment plan. What is my next move? Have they complied with everything, and if they have does that mean they will win at court? I’ve been reading and was wondering if I should put in an irl claim. I know this would need to go to capital one, and I don’t know if it would make any difference to anything. I really appreciate any help or advice
  12. I had a Lloyds bank account, 2 actually. I'll try to be very brief with this.. I got into a mess with them giving me a huge overdraft. I was on a phone call to them explaining how, due to the charges I couldn't afford to buy food for my kids. They refused to help. I said you should never have given me the overdraft in the first place. This is literally all I said. I didn't know until later, however they took this as an official complaint, and investigated it as such. I received their final response, saying they'd done nothing wrong. But I still didn't understand that that was an official complaint. I read up about it later, and found out I should have then gone to the ombudsman. However, my 6 month time limit was just up. I phoned the ombudsman and they said they would have looked into it but wouldn't be able to as it was a couple of weeks out of the 6 months. I've sat on this for the last couple of years. They've sold the debt on to Link, and I'm just waiting for them to take me to court. I've been wondering though, I know I can't go to the ombudsman, but can I go back to Lloyds and complain about it again, then take it to the ombudsman? Or can I not go back to Lloyds because in their mind they've investigated it already?
  13. I have an update with this and I'm not sure what to do, and wondered if you could advise me please? I got this letter of claim giving me 30 days to respond from overdales, regarding 2 capital one credit cards, and one studio catalogue, which were all together on one form. I sent off all letters as advised Overdales replied with agreements for both capital one cards, and a separate letter saying they were unable to solve the studio query ,they were returning that to lowell. Lowell replied saying they were trying to get me the information from Vanquis (This didn't relate to vanquis at all, they do have an old account of mine from there but it is well and truly statute barred). They eventually replied with vanquis account information. I've still received nothing from them relating to either capital one or studio.. I have now received another letter of claim from them. Identical to the first one I received in November which I responded to. It has the same 3 accounts on, one from studio and two from capital one. Should I respond to this the same as I did before?
  14. DX - thank you and sorry, I was just browsing and saw that and wondered.. Andy - yeah it is a dodgy scan, it’s perfectly clear. So now are they going to take it to court? Like I say, overdoses have sent me this, Lowell have replied saying they’re trying to get my capital one documents from vanquis but have sent me nothing from the list I sent.
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