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I would welcome some suggestions from Forum Members please as to what I should with regards to a landlord who is taking her time in restoring central heating in the house which I am renting. I have been without heating now for a week. Prior to this, the boiler had broken down a number of times and the landlord was told by two of the engineers that the boiler was obsolete and needed replacing. I have been in touch with the LL and made the point that the situation is becoming untenable, but all I got back was that she is dealing with the matter. I would be grateful for some suggestions about what options are available to me so that I can use some leverage to get the LL to act and act urgently? I hope members can help. Many thanks in advance. Mack
Name of the Claimant ? HSBC Date of issue Dec 2014 What is the claim for – the reason they have issued the claim? The Claimant's claim is for the balance outstanding under a credit card agreement dated 30/09/2002 and numbered [my cc number] regulated by the consumer credit Act 1974. The Defendant has failed to make payment by the Statutory Default Notice served by the Claimant dated 10/11/2010 AND the Claimant claims 1. £2559.39 2. Interest pursuant to Section 69 of the county court Act 1984 at a rate of 8.000% per annum from the date hereof at a daily rate of £0.56 to the date of Judgement or sooner payment. Amount claimed: 2559.00 Court fee: 105.00 Solicitor's costs: 80.00 Total amount: 2744.00 What is the value of the claim? £2,500 + costs Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? September 2002, allegedly Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original creditor (HSBC) Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure, it might have been assigned to Metropolitan... Have to check that though. Did you receive a Default Notice from the original creditor? I did, in 2010. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't think I have, at least not every year. Why did you cease payments? HSBC started harassing me with letters - used to get them at least 2 times every month. Never responded to these though. What was the date of your last payment? September 2014 Was there a dispute with the original creditor that remains unresolved? Don't think so. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I've made an offer to HSBC back in 2010 to pay them a nominal amount of £1 due to being unemployed for 4 years. They've accepted that then. Brief history of the claim (answers to the questionnaire follow below): 1. In Dec/2014 I've received a claim from HSBC for my CC debt (around £2,500) 2. Responded to the claim filing an acknowledgement of service and sending CPR31.14 request to HSBC. Received acknowledgement from HSBC's solicitors, but nothing else. 3. By 17/Dec/2014 no documents provided, filed N244 form with Northampton court to strike out the claim. 4. Order granted on 31/Dec/2014, however it stated that HSBC needed to comply with that order the week before (24/Dec). 5. HSBC appealed on the grounds that the order was impossible to comply with so needs to be struck out and also provided me with a "reconstituted" version of the agreement and the default notice. 6. Case transferred to my local court for 1 hour hearing. 7. On that hearing (at the beginning of this month), the judge accepted HSBC's arguments and ordered for the original order by NCC to be struck out. He, however, also ordered HSBC to provide witness statement why they cannot supply me with copy of the documents I requested under CPR31.14 and need to provide a reconstituted version of these. In the same order, the judgement says that, provided HSBC respond to this request, I am required to file a defence by the end of this month (in 10 days’ time). HSBC responded with a witness statement and I am now required to file a defence. This is where I am at. A lot of questions, but the main issue for me is to file a defence - how can I get a defence based on "reconstituted" version of the CCA, also given that I have no recollection of ever signing such agreement (the credit card in question, as far as I remember, was given to me by HSBC when I applied with them for a current account and I was told at the time that HSBC offers such credit cards as "standard" - never asked for a credit card specifically). Another important fact to note is that the CCA, allegedly entered into, is dated in September 2002. There is also a matter of costs - I am of the understanding that if the case is allocated under the small claims track, the most costs I am going to pay if I lose the case, would be around £280, but I am hearing conflicting opinions that HSBC can ask me to pay their full costs t hat could be 1000s of pounds worth. Is that really the case? Ideally, I am on the lookout for good solicitors out there (I am willing to pay, of course) to review my papers/correspondence, advice and draft my defence, then, if it comes to that, to represent me in court. Help very much appreciated, many thanks. Questionnaire answers:
Hi guys, Just wondering if you could help me answer my query: (claims of race discrimination, victimisation and constructive dismissal) When claimant resigns in the middle of appeal investigation to earlier grievance in an act of last straw motion from the authority appealed from, do the remaining discriminating actions of the employer who in the end decides not to uphold appeal (surprise surprise but hey! manages to dig themselves even more) count as acts of disrimination and can be claimed in ET1 or is it all until resignation (apart from discrimination with references, whenever that is the case) that should be put in ET1? (the "post-resignation discrimination" will be evidenced anyway, innit?....another bunch of **** looking for trouble...) Ta. xxx