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    • Hi    Thanks for your response to my questions.   1. You say they are Lodgers is this correct? (are you sure you don't mean 'Tenant')   2. What type of Tenancy Agreement do they have?   3. Rubbish/Garden Maintenance - This is the Tenant responsibility and should be in the Tenancy Agreement and your Letting Agency should be enforcing this with said Tenant by writing to them and informing them to remove the rubbish and maintain the Garden. If you then need to do this you will need to inform the Tenants giving them notice that if Rubbish not removed and Garden maintain and you need to employ somone to do this this will be taken from there Tenancy Deposit make sure you do this and keep a record of this.   Tenancy deposit protection - GOV.UK WWW.GOV.UK Tenant's guide to deposit protection schemes - your deposit, information landlords must provide, disputes and advice   4. You mention Lodger Bond Money. (Again I hope you mean 'Tenant', Bond Money I also hope you mean their Deposit is protected in a Tenancy Deposit Scheme and the tenants were given a copy of the prescribed terms of that scheme as is legally required)   5. If this is England I also hope the Tenants were given a copy of the How to Rent Booklet.   How to rent - GOV.UK WWW.GOV.UK This guide is for people who are looking for a house or flat to rent.   Reference your post#5   6. The Letting Agency cannot refuse to provide you with a copy of the Tenancy Agreement signed due to GDPR as you are the Landlord that has employed them to provide a service and you are required to have copies of this Tenancy Agreement especially for any Breaches of that Tenancy Agreement you need to know what that Agreement states to take action against those Tenants.   I would therefore challenge that Letting Agency and not ask but Demand a Copy of that Tenancy Agreement as you are the Landlord not them and are legally required to have a copy of that Agreement and if they insist no due to GDPR then you ask them to provide you with the evidence of which Article and section of the GDPR they are relying on to refuse the Landlords legal request for a copy of this Tenancy Agreement.   Table of contents EU General Data Protection Regulation (EU-GDPR). Privacy/Privazy according to plan. WWW.PRIVACY-REGULATION.EU Easy readable text of EU GDPR with many hyperlinks.   7. Do you actually have a copy of the Agreement that you signed with this Letting Agency? (not tenancy agreement your own personal agreement with the letting agency)     Sorry if this sounds a bit blunt but your Daughter need to stop being nice with this Letting Agency and remember they are working for your Daughter not the other way about and your Daughter is paying them for that Service so basically  your Daughter (The Landlord) has employed the Services of this Letting Agency to provide a Service to look after and Maintain the Landlords Property by entering into a Legal Agreement paid for by your Daughter (The Landlord).   Please Name this Letting Agency?    
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    • Name of the Claimant ? Cabot Financial   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 19 Nov 2021   Date of issue 19/11/21 + 19 days ( 5 day for service + 14 days to acknowledge) = 07/12/21 + 14 days to submit defence = 21/12/21 (33 days in total)    Particulars of Claim   What is the claim for – the reason they have issued the claim? By an agreement between New Day Ltd RE Aqua & the Defendant on or around 30/10/2017 (the Agreement') New Day Ltd RE Aqua agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payment Is due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1.1538.69 2. Costs    What is the total value of the claim? £1,733.69   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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. Debt purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Can’t remember   Did you receive a Default Notice from the original creditor? Can’t remember   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Couldn’t afford payments   What was the date of your last payment? Can’t remember   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I told them I can’t afford it
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Wardyboy2 V HSBC **WON**


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Hi Wardy

 

Well here we are - D-Day or should I say pay day - I didn't receive anything over the weekend so as long as nothing comes today (by midnight as I understand it) then I win tomorrow by default. A little concerned that they haven't even acknowledged the thing but I suppose they have so many now.

 

Anyone else won by default?

 

Can anyone tell me what the procedure is once I request for a decision by default from this point onwards?

 

Hows things with yours?

 

Regards

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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Hi,

 

Just wanted to say your letters are identical to the ones i've sent, although i've yet to hear back anything from them.. so it has given me confidence that i've done the right thing, reading the feedback you have had.

 

Good luck for the next few weeks of chasing what you're owed!

 

Would be wonderful to be offered the full amount without too much bother..

 

Then again....pigs might fly...

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Nothing for me this morning either. I'll be checking every hour to make sure it doesn't change to "Acknowleged."

 

If they were to acknowledge tomorrow would I still be able to file for a default win becuase they missed the 14 day deadline?

 

Oh... and GOOD LUCK IZZY. Don't worry about getting your money back. Its your money and it'll be with you soon.

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Hi Wardy

 

I read on someone elses thread that any response from the bank will be given priority over anything we want, if it is received BEFORE our request for judgement.

 

Therefore I shall be clicking at just after midnight so that even if it changes tomorrow morning I am ahead of any response from them, I suggest you do the same.

 

Good luck - not long now (hopefully).

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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Will do. So I'll be on here at 00:02 letting you know I've done it.

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Got nothing from teh bank. Waited until after midnight and BANG requested judgement! Even if the banks defence arrives on the mat tomorrow morning I will have got in there 1st! They missed the deadline so they have to pay.

 

How long have they got to pay up before I can send the boys 'round?

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Hi Wardyboy

 

Well here we are at the final stage (I hope).

 

Did you request payment immediately on the judgement form? I did but I expect we have to give them a reasonable amount of time... say a week. I am just guessing but perhaps someone can advise. Have not seen anyone at this stage before so this may be new territory.

 

Good luck

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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I entered for immediate payment (its not like they haven't got the money). I think I have seen 1 or 2 people get to this stage. One of them still didn't get paid and was authorised to send baliffs. It got sorted out just before though. I just hope they don't continue to drag there heels!

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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My judgement for a default win has been accepted and issued. What next? How long do I give them to pay up? What happens if I still don't hear anything? Any ideas?

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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I'd give them a week, maybe write them a letter saying that you have issued a CCJ against them and that it may harm their credit rating when trying to obtain credit in the future. :D Bastwards.

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Still not heard anything. tick...tock...tick...tock

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Hi Wardyboy,

 

I'm in almost the same position as you. The bank's 14 days are up today and there was nothing in the post.

Bearing in mind it's Saturday and a Bank Holiday weekend, i'm not gonna see the postman now until Tuesday. SWEEEEET !!!

So come midnight tonight, my case will be over, or at least until i get the money through.

 

NICE !!!

 

Good luck

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Hi Wardyboy2

 

Have you heard anything? Any ideas what we are supposed to be doing?

 

I am going to send them another letter giving them 5 working days or I send the bailiffs in. What do you reckon?

 

Regards

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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Wardyboy, sorry I didn't see your thread before, I just saw your post on another OP's thread (Johnwright76) about not hearing from the bank since obtaining the default.

 

I'll simply paste the post here, saves my aching fingers the typing, lol:

 

Ok, the problem you have is this: In all likelihood, your claim, for whatever reason, slipped under the bank's radar, so to speak, allowing you to win by default. Great.

 

Now then, once you advise them that you've won, the bank can (and will) do one of the following 3 things:

a) Pay up. Yippee. Survey, donation :wink:, next please...

b) Write back to say that they will be applying for the judgment to be set aside, and that they will pay you ASAP as long as you do not oppose the set-aside. You say, ok then, they pay up. Yippee, etc...

c) Write back to say they will be applying for the judgment to be set aside. In which case, you will not be able to apply for the warrant, the case will go back to the judge for a set-aside hearing some time in the future. You will have to prepare for the hearing. Here comes the kicker: The judgment WILL get set aside, and the judge will then set a date for the hearing proper, as if you never had obtained the judgment in default, and then at some point before the hearing, the bank will pay up. Yippee, etc... But a good few weeks later...

 

You COULD of course not say anything to the bank, and get a warrant of execution. The odds are that the bank will find out, and apply for the set aside then. Or you might get very lucky and get as far as the bailiffs trying to get in, and then the bank will pay up. Very quickly.

 

These are the options. What you choose to do is up to you, based on the above.

 

You should really send all communications to DG, since as solicitors, they're the ones who are speaking/negotiating on behalf of the bank.

 

Keep us posted.

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Thanks Bookworm. The reason I am not sure about sending a letter to DG is baecuase they have not contacted me at all. My correspondance has been with the customer relations department in Leeds and my Court action fas filed against the head office in London. I have never written to, nor had any correspondance from DG. Should I still write to them RE: payment?

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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OK, I am goin to send the following letter (if approved by you lot). I just need to decide which address to send it to.

--------------------------------------------------------------------------------

Dear Sir \ Madam

I am writing regarding my letter, dated 14th July, regarding my request of a refund on my bank charges of £1,467.00

 

As my letter stated, the time limit to respond was the 29th of July 2006. As I heard nothing from you before this date a County Court claim was issued against you on the 2nd August (REF: XXXXXXX). This was deemed served to yourselves, by the court, on the 7th August and you were given 14 days to acknowledge the claim; which you failed to do. As a result, on the 22nd August I applied for a judgement by default which was granted. As I have still heard nothing from yourselves I am now prepared to issue a warrant of execution.

 

However, I am mindful of the fact that this would be a timely process and would like to resolve this matter as soon as possible, so in light of this I am prepared to accept an unconditional out of court settlement for the full amount of my claim; which now stands at £1,678.92. This is made up in the following way: £1,467.00 original claim amount, £91.92 interest claimed under s.69 of the County Courts Act 1984 up to the 2nd August, £120 court issue fee.

 

If you accept this proposal please credit my account with the full amount of £1,678.92 within 7 working days, failing this I will issue a warrant of execution on the 7th September, with further cost being incurred by you. Further more any action taken against you to enforce the judgement may lead to undesirable media attention for the bank.

 

For your reference I have enclosed a copy of my judgement request and a schedule of the charges applied to my account.

 

I hope we can resolve this matter as soon as possible with out any further action.

 

Yours sincerely,

--------------------------------------------------------------------------------

 

If any one can suggest who to send it to it would be great. James, who did you send yours to as that seemed to get a response?

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Hi Wardy

 

Have you checked your post today?

 

I have just received a phone call from home telling me a letter from DG solicitors has arrived agreeing to pay me the lot back. Hopefully yours is sitting on your mat - if not it must surely come in the next couple of days.

 

Heres hoping.

 

Good luck

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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Fantastic news Magic. And you hadn't actually written to them yet had you? The postman doesn't come until after I have gone to work so I won't know until I get home. I'm all excited now though! I'm going to be gutted when it isn't there!

 

Still, I shall give it a couple of days until I send a letter with the hope that there is one on the way (if not already arrived). We did everything on the same day didn't we so it looks good.

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Share on other sites

Hi Wardy

 

Yes we did everything on the same day - if its not there dont be too gutted, I would expect it by the end of the week. I was going to send the letter today but no need now.

 

I think that they are just snowed under with all the claims at the moment.

 

Will keep watching your posts Wardyboy2 - good luck - but I have a good feeling that by the end of the week........£££££££££££££££££'s in.

 

 

Magic

"The world wants to be fooled ... so fool it" - Pavel

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Just got home and checked the post. Guess what...

 

 

I'VE WON!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Fullsettlement, money paid into account TODAY! Just after I'd spent all morning writing a letter to send them.

 

Letter is from DG stating that they never got the form, usually would apply to set aside the judgement but mindfull of legal costs etc etc etc...

 

Just need to sign a form to state that the matter is settled so that the bank can get a certificate of satisfaction.

 

THANK YOU EVERYONE WHO HAS HELPED ME AND THANK YOU CAG. DONATION WILL BE ON THE WAY SHORTLY.

 

WOOOOOOOOOOO HOOOOOOOOOOOOOOOO

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

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Hi Wardyboy

 

!!!!!!!CONGRATULATIONS MATEY!!!!!!!!

 

Feels good doesn't it - I wish that the internet could project feelings as well as words.

 

Once again - well done mate - really pleased for you. Cant be many more of us to go now.

 

Regards

 

Magic

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"The world wants to be fooled ... so fool it" - Pavel

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