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    • I have read through a number of similar threads, but one thing i'm not sure how to proceed about is that I live abroad in the middle east and have done for several years. The claim letter was sent to my parents address and I really don't want them to be harassed about this. I am sure I sent the original creditor a registered letter with my change of address but can't find this currently. I am not in a position to pay this, and tend to come back to the UK to see family at most once a year (less since Covid), so not particular bothered about my financial score...more concerned about harassment of my parents. I have not registered on the gov gateway or anything like that.  Details below (as best as i can), and thank you for taking the time to look into it. Also redacted claim form attached: Which Court have you received the claim from ? Civil National Business Centre (Northampton) If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant ? PRA Group (UK) Limited   How many defendant's  joint or self ? Self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 23/5/24   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM Tues, 11/6/24 (19 days)  Thurs, 25/6/24 (33 days)   Particulars of Claim   What is the claim for – the reason they have issued the claim?  The Claimant claims the sum of £7926 for an outstanding debt owed. On 20/4/18 the Defendent entered into an agreement with Lloyds Bank for a Credit Card under reference [16 numbers]. On 10/5/22 the Defendant defaulted on the agreement with an outstanding balance of £7296. On 28/11/23 the debt of £7296 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. The Claimant has instructed PRA Group (UK) to act on its behalf and the CLAIMANT CLAIMS 1. The sum of £7925   What is the total value of the claim? £8481 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? I believe I sent a letter by registered mail of a change in address to abroad in 2021. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card   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? Not personally - probably sent to my parents   Did you receive a Default Notice from the original creditor? Not personally - probably sent to my parents   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not personally - probably sent to my parents Why did you cease payments? Unable to afford, living abroad   What was the date of your last payment? Unsure (probably 2021)   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? No     Claim form 23-5-24.pdf
    • While we wait for someone to explain how farage is any better than sunak  .. if not worse   One of many likely upcoming belly laughs   Reform chairman Richard Tice has accused the Tories of (reform like) “dirty tricks” after one of his party’s candidates withdrew his papers to stand at the last minute and endorsed former cabinet minister Sir Gavin Williamson. In a dramatic final 24 hours before nominations closed there had been fevered speculation that as many as six Tory MPs and other candidates could defect to Reform after Nigel Farage decided to stand in Clacton and become leader. But instead no Tories switched and Tom Wellings, the Reform candidate for the new seat of Stone, Great Wryly and Penkridge in Staffordshire, quit and put out a statement endorsing Sir Gavin.   Who does he think he is an Anderson, a Carswell !!! was heard at the reform HQ pub ... as Candidate brushed aside by Farage in clacton to run as an independent    Tice accuses Tories of ‘dirty tricks’ to persuade Reform candidates to stand down WWW.INDEPENDENT.CO.UK Exclusive: A furious row has broken out after a Reform candidate’s last minute defection to the Tories   :ROFL  
    • See what you think of the attached. I have to do some proofreading of an English grammar book for an Italian publisher this weekend - for money! - so I'm afraid corrections and suggestions will come in dribs & drabs.  I've totally knackered the layout, the numbering and the order of your Exhibits but there will be several versions done so don't worry about that ATM. Your arguments are superb. What is less superb is the way you jump from one to the other and back again, so I haven't changed your words, but I have moved the paragraphs around and given each section a heading. New bits are shown in red. Crossed out crossed out in black is something you've quoted from the government Code of Practice, but that has since been withdrawn so unfortunately that argument has to go. Your paras 7 & 8 don't harm your case but to me are waffle and can go.  Keeping the arguments clear & concise will always impress a judge. IMPORTANT - did you ever send Simple Simon a CPR request?   Defendant's WS - version 2.pdf
    • Björn Ulvaeus appeared on stage in East Yorkshire at a conference held at the Bridlington Spa.View the full article
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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I moved in 17/11/2006 Term 6 months.

 

I recently contacted the LA to ask if my deposit was protected and told it didn't apply to me as I moved in before April 6th.

 

However since reading, renewals are classed as new agreements and so my deposit should be protected. I also just agreed to change to a periodic tenancy starting when this term ends 16/05/2008.

 

Could I make a claim against the LA for the 3 x deposit.

 

Thank you

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I would like to read the two recent cases; one positive one not. Does anyone have links?

Also what is this about if they comply after you issue a claim for non-compliance then you cannot proceed for the compensation?

 

Where is the legislation regarding the actual non-complinace?

Edited by robert_harper_2000

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Rob,

 

Don't worry about the thing that Ed999 posted. It is not accurate.

 

From what we know, it seem that you have a solid case for the 3 x penalty. I am not computer literate enough to post links but can you use the search facility?

 

Also, the thread started by ABitOfAPickle regarding the Tenency Deposit Scheme has almost everything in, and contains other links. If someone could post a link to that please...

 

Good luck Rob.

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On which date was the most recent occasion that you signed a contract for a new tenancy agreement? Allowing the tenancy to lapse into a periodic does not count.

 

If you moved in on 18th Nov 2006, how long was the fixed term? Did you sign a further agreement?

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6 month term so after November (dec, jan, feb, march, april, may) must have signed around June then (july, august, sept, oct, nov, dec) signed around Jan now feb, march, april, expires this May 17th tomor infact. I've def signed two contract for a further six months since I moved in and this time I re-arranged term to be periodic. So the fact is it should have been protected twice before.

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  • 3 weeks later...

Hmm now I think I know where you are coming from. LL so far has promised to check, week later promised to get wife to check through and get back. Week later explained don't worry either I or Palms have it and it will be looked after... well no I want it to be protected and I am only holding back from suing you, even though I'm deep in my overdraft and could do with the cash because I wanted to give you the chance - I don;'t want to sue him if he is innocently doing this but feel he is taking the mick abit

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  • 3 weeks later...
  • 2 weeks later...

At last a response. LL has said that the deposit is with LA

LL

have called LA and they confirm that they do hold your deposit .

The regulation on managing deposits came into force April 2007 and you singed up the tenancy on November 2006 .

Nevertheless it has always been LA's policy to hold all deposits .

 

If I make a claim it will be against the LL but I feel he just doesn't understand and is being led by the LA. Can I not claim against the LA instead?

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Nope. Not your problem if he doesnt understand anyway!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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The landlord can sue the agent for his loss if it is due to their negligence.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I probably would explain that - but yes he can. If you explained that he is legally the person you have to sue, then if he is reasonable then he shouldnt.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Correct. That would probably be my personal opinion.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I am agreed with water bottle up to certain extent .

 

Up to what extent??????

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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But I doubt he would be quite so considerate once I started proceedings. I guess I could always wait until I move out and see if he becomes unreasonable as there is no limit on when I can sue, is there?

 

Bear in mind that there is one case, the link I can't find at the moment, where an action was taken out for non-protection. In this case, the tenant took the action after they had left the property. The judge took the view that as the tenant was no longer a tenant, having left the property, then as he was no longer a "tenant" he was not entitled to take out an action.

 

Many posters regard this ruling as wrong, but unless it is appealed to the high court it will not be regarded as case law.

 

The law as drafted has a number of shortcomings - it is poorly thought out in places. Thus until this and other anomalies are sorted out in the higher courts and clarified by case law, there is a risk that an action will fail for any one of a number of technical reasons.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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