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    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Mortgage arrears- Kensington. Nervous wreck.


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Tawnyowl is now up.Feathers a bit ruffled.Getting ready for flight to courtroom for 12.Bit stressed.Having seen news lately about how many people are in arrears or struggling with mortgages it is not something to be ashamed about.Will go into court with feathers fully preened.Whether i have any when i come out is another matter.Thanks for advice everybody and support.

Hope Tawny and family dont have to fly off to find new woods shortly.

Grizedale forest in the lakes would be perfect location.

Have just been on govt website to check that my defence was received online.Could not find it so am going to ring at 9 just to make sure.

Ell-Enn advised me to check that they had received it weeks ago.Will report back shortly.

I have worked hard for the last 35 years so my feelings are at the moment it is better to try and fail than not to try at all.Not taking it lightly just have to accept the cards that are going to be dealt.

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I have worked hard for the last 35 years so my feelings are at the moment it is better to try and fail than not to try at all.Not taking it lightly just have to accept the cards that are going to be dealt.

 

Good Luck - we are all with you.

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Have just checked at court.Both defences were received.I asked would the district judge see this.He said yes.When the defences are received they send copies to the other sides solicitors.At least i know the online system worked.

 

Am surrounded by papers the time is drawing near

Brain is full of fear:wink:

Tawnyowl is off to court

Kensingtons lawyers will be fought

Might even ask about their MONTHLY fees

Which will bring some people to their knees

If Kensington win

The whole house will end up in a bin

Because thats all it will be fit for:)

After the chainsaw massacre:eek:

Tawnyowl will go bankrupt

All the fees are corrupt

Nobody will get anything:p

Tawnyowl is not mad

Just feeling a little sad

God bless theCAGers

Especially those with mortgage arrears

Tawnyowl is no poet

And dont the CAGers Knowit:)

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Tawny Owl must show some faith

Im sure your nest will soon be safe

Pecker up feathers fine

We will all be on line

To hear you news and never fear

Im sure its the news we want to hear

 

Good Luck

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Going to tell you exactly how the day happened and the mistakes i made.

 

1-Tawnyowl and wife strolled down to the court in the brilliant sunshine after parking car two miles away to avoid parking charges-no more extravagence.

2- We walked up the 200 steps at he entrance to the court building,not really a nice start to a day in court.The building is a concrete monument to the 60,s a lifeless souless place where no living creature is seen except in the concrete boxes.

3-Tawny walked through the door-nearly, it was not a self opener.Full of suits- Like a fashion show.We went to reception and after our names were announced rather loudly i thought-A Kensington solicitor pounced and ushered us to a room.He asked us what had caused the Arrears and another few questions.Tawnyowl could not believe after sending our defences in he did not know our details.Tawnys feathers were ruffled and beak was twitching.I said defences were sent in over 2 weeks ago.He said it was the courts fault.I said i did not want to speak to him. He then said he turned up last week for the case .He was not told it had been adjourned.Tawnyowl overheated at this stage and was asked to calm down.We went out for a while-fuming that what we considered important was nothing to them.

4-We went back in and after about 20 mins was told it was our turn.As the door slowly opened i wondered what was going to appear and was pleasently surprised to find ourselves in a room about 6 metres x4 metres with a immaculate older gent at the head of a table-the District Judge.You know the look-like the telly.

5-The opening battles raged-they opened with the arrears-i opened with their disgusting monthly arrears charge-bit of a mistake as you will see shortly.

6-District Judge started asking questions things like income jobs etc.I thought i cant believe this and interupted and told him i have sent a defence in.He started rooting about in the file and found it.He then started

reading from it and asked the solicitor if he agreed with it.THOUGHT BEFORE THE CASE THE JUDGE MIGHT HAVE LOOKED THROUGH THE FILE.

7-The offer of 60 .00 was not going down well due to the fact that I mentioned the 50 pound monthly arrears fee and was asked by the solicitor if i could pay 10.00pound a week more.The district judge asked about the arrears fee and i am sure due to the fact i had mentioned the fee was not going to accept the offer and was going to go for a 4 week possession order due to the arrears never would have been paid.There was a stand off after this each waiting for some response.They were both waiting for me to increase or else.I had no choice but to accept 10.00 a week more than my original offer.

Suspension order granted-but the judge said he does not have much hope of us keeping to it,and advises us if see trouble coming to sell.Thats about it-thanks for help everyone.Can only try.

One more point Judge mentioned how important question 27 is so if you have to fill defence form in put as much detail as you can in or get someone to help you as i did-Thanks to Ell-Enn for helping with this and all the rest of you,cant believe the support and help i have had.Perhaps i can give some of you the same soon.Bye for nowTawnyowl and family still in nest for now:D

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Hi Tawny you evidently got one of the few unsympathetic Judges but just remeber you have your nest and looking at your thread you are sorting things out make sure you pay the money each month and they cant touch you if you can pay a little more even if its only a fiver do lets hope you get soem peace for the next few months with regard to the areas fees Lets hope that we get to a point when they cant add them

Take care

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What a shambles - honestly!:mad: The judge should have known that the £50 a month arrears fees are added to the outstanding mortgage and not included in the arrears! whatever you pay towards the arrears reduces the arrears not the monthly charges. Silly old duffer!

 

Never mind, Tawnyowl still has nest to fly back to - as Bona says, no matter what - you must make the payments as promised as this will be confirmed in the court order you receive in the post in a day or two. If you breach that order they mortgage company can go for eviction straight away.

 

Open a bottle of wine tonight and relax - you were very brave today and have come through it safely, well done! :)

 

Kind Regards

 

Ell-enn

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Well done Tawnyowl, am glad it went well for you :)

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Well done twany owl.

 

Just to say i am no expert but i think u may be able to appeal the decision based on the judge not knowing the rules and obviously not having read your file.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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is it that bad a decision £10.00 a month more than you wanted you still have your house and any way any oppostion will cost you as even if you won and saved that £10.00 you would pay there cost say £300.plus thats 30 months just not worth the effort

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yes but i am thinging the judge did not understand that the fees were put on the mortage not the arrers.

 

I am helping a friend appeal a court decision based on the fact the judge refused to us the law and did not and admitted he did not understand what was going on. The claimant failed to supply documents as per the court orders and the court failed to take into account her disbilty and has awarded money she can afford and now does not have to the claimant, the courts have ordered she uses the DLA she gets and not uses it on her care.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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The district Judge certainly did not know about arrears fee going on to the mortgage.That is probably why he said if my offer was accepted the arrears would never be paid.He had his pen ready to do the 28 day possession order.

If the solicitor representing Kensington knew this fact he certainly was not letting on.So Tawnys nerve went a bit and went for the extra ten a week on top of the 60 a month offered.At least i am still in nest for now.I am still surprised the Judge did not know my defence was in file.Thought he would have checked .I wish i had not mentioned the 50 a month arrears fee.Seem to remember the solicitor saying as we had a few heated words that this is going to a higher court to be challenged.The judge thought it was to do with the bank charge case.He sometimes seemed a bit behind the times.

SMALL BIT OF INFORMATIOON-IN LOCAL PAPER LAST NIGHT REPOSSESSIONS IN THIS TOWN ARE UP 33% in a year.What will happen if house prices go through the floor and people are left with big payments for houses that are not worth the payments.Could what happened in America happen here.Think the govt are going to have to step in at some stage.Of course this is just a wild thought -or is it.

People may just walk out you can only take so much.I have worked all my life and am still struggling. 35 years on building work.Mind you i have brought up 7 kids maybe that has something to do with it:)Think Tawnyowl will settle for extra tenner.Thanks everyone.

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Strange finish to case- what would you do.

1- Received letter from Kensingtons solicitors telling me to pay normal payment plus 60 pounds off the arrears each month.:)

2-Received letter of Kensingtons two days later saying to pay normal payment plus 60 pounds off arrears each month.:)

3-Remember in court how desperate they were to secure the extra 10 pound a week plus my offer of 60 pound a month- the solicitors and the district judge would not let the case go on without this been agreed.:shock:

4-I have this in writing it seems they have forgotten about the extra 40 pound agreed on the day.:D

5-Tawnyowl will not be writing to let them know about this-OR SHOULD I:rolleyes:What would you do:?

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in answer to number 5 dont write to them correcting there mistake.

 

What does the COURTS paperwork that u should ave recieved by now say? I would go by what the courts have said and that be that. that paperwork maybe wrong as well so if it is dont advise anybody and just pay what they say.

 

who will grumble about £30 a month if the paperwork is wrong?

 

Kensington would be advised by me at that point you have been paying what the courts have ordered in the letter they sent you and any attempt to make u pay any more will result in them looking stupid.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Have just received court papers with payment ordered to be normal payment plus the 100 pound extra per month so solicitors and Kensington must have been slightly behind,

Tawnyowl has now money in bank for first payment, long way to go but am going to try hardest to maintain.Going to be hard but am still in nest for now, Thanks for all help and support.Good luck to everyone in similar position and will keep a eye on all your threads.

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Soory posted in wrong place.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 1 month later...

Two payments made-still here-once again thankyou to everyone that helped me with a experiance i dont want to go through with again.But i know if it came to it i would do the best thing with all the advice that would be given.Surprising how much your home means when something like that happens.Thanks again.:D:);):p

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Hi Tawnyowl - glad to hear everything ok with you, and you know we are here if you ever need us again:)

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 2 weeks later...

Am still struggling as are many people.Have been reading Tillys thread and feel for her.

As the judge said in my case he doesnt think there is much hope but will keep trying.He also said if you cant pay then try to sell.

My business is very week at the moment it is like being tortured slowly but i have 25 yrs experiance and will try to keep going till the end.

I have just been to my accountants and due to my circumstances he has done them for nothing,nice man.

I told him about my house-ex council house and if the worst comes to the worst he said -repossesion he said to phone kensington and ask how much they would accept for the house as surely they rather sell at near to valuation minus ERC rather than auction it.My house is owing about 90000.

He would then rent it back to me enabling me to stay in it.

If business does go down this seems to be a option.

I would therefore go bankrupt and claim Benefit for the first time in my life.

Just another thought for business people who are in difficulty ask your accountant if they are interested.A last resort maybe but you would stay in house.I trust my accountant having known him for 25 yrs but know the dangers after reading peoples experiances when they have sold their houses and let them back.Just a last option.Have managed to get another job today that will pay next months mortgage.Sometimes feel someone is helping.Just as things are at last resort something turns up.

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Hi Tawny

 

I really hope your business picks up for you, the owl needs to be let out of the cage ;) try to keep smiling i know it's hard, but with all the support from cag we will get

through it take care.

 

 

 

Tilly

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.please remember that any advice i give is purely my own experience or opinion thankyou

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