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    • First of all welcome to the Forum. Do not worry about Drips+ -a dead sheep has more power so do not let them bother you and never contact them. It is a pity that you wrote to PE  which would be perfectly normal, except with crooks like PE  as you may have revealed you were the driver. You have lost the protection of POF A but it is not a fatal. Please do not even think of paying a penny. The amount may go higher in the short term but when the poor dears do not hear from you they get worried ( because they think to won't pay) do they start sending begging letters and reduce the amount owed.I One of the Site Team will be along shortly and give you a template to fill in which helps us to give you the best advice should they not give up. Just complete the form and post up photos of the signs at the entrance to the hotel and others around the car park and the terms on their ticket machine if there is one.
    • HI   You took possession of the Property in 2010 but when did you end the Tenancy Agreement?   Did you give them the required Notice to end your Tenancy?   You mention you paid a Deposit in 2010, was this returned when you ended the Tenancy?   You need to know exactly what they are claiming money owed is for and surprised that solicitors letter does not mention this.   Send the Landlord a Subject Access Request (SAR) asking for 'ALL DATA'  (ensure to send a copy to the Solicitor acting for them as well. 
    • yes only court...   can I confirm this was settled via Barclaycard and chargeback as it was a debit card, rather than section 75 via a creditcard?  
    • Hi   Sorry for the delay in getting back to you don't worry we have not forgot you.   So they have destroyed ALL DATA personal to you as you did not take the Property. (really they have put there foot in it)   If they hold no personal data then they have NO evidence of what was agreed to with your Holding Deposit and the refusal to return it.   Now if it was me I would let them drop themselves in it even further by responding to there SAR response.   Thank you for your SAR Response dated XX/XX/2019   Due to this response I require clarification of the following:   1. Have you followed the Data Protection Act 2018 & General Data Protection Regulations on Destroying My Personal Data?   2. If you have Destroyed All My Personal Data then what documentation do you hold that I have signed/agreed to the Holding Deposit being Non-Refundable and to provide copies of this documentation.   3. I require a copy of your Policy on Holding Deposits   Please bear in mind the above is what I would do.   I do think it is looking like you may have to go down the court route (make sure and have a good read of that link I previously gave you to the Tenants Fee Act).
    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
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hsbclinkdcms

Help needed with a very tight one...thank you!!

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Just hold tight for the mo before you do anything else. There's always a risk the AQ could be sitting in some in-tray waiting to be attached to the court file. Call the court towards the end of the week by which time things should have entered the system if it's there to go inwards. If next time you call the AQ's still not in, ask the staff to produce the requisite notice directing the claim has been struck out under CPR 3.7.

 

After that you will be entitled to your costs automatically [see CPR 3.7(6)(b)]. I produced pdfs of a form of Bill for Detailed Assessment, Notice of Commencement and step by step guidance for a litigant in person in djc's thread 'Re: arrow global receivables/cope's solicitors', page 5 post no89 which you may find useful on the costs front.

 

Any queries, yell here.

 

x20

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OK x20, sound advice again, thank you.

 

I will let you know Friday what's happened.

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Hi,

 

rang the court today, still no AQ's and the woman stated that she had passed the file to the department that issues orders and not to worry as there response will not be accepted in any case.

 

I would like advice on how to proceed now, with regards to costs and what I should do about contacting Link about this matter? There is also the issue of CRA's, is there anything that I could do about these ?

 

I was thinking of writing to Link with the offer that I will bare my own costs in exchange for F+F settlement of this account and all information relating to it being withdrawn from the CRA's.

 

Any ideas or comments would be welcome and appreciated, TQ.

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Just received in the post 'General form of judgment or order.'

 

IT IS ORDERED THAT the claim be struck out.

 

:-D:-D:-D:-D:-D:-D:-D:-D

 

Thanks very much Guys and Gals, this is put paid to for the moment and another victory for CAG.

 

If anyone can advise as to what to do now , I think most of the points I need help with are contained in the post above this.

 

Thanks again OVER THE MOON !!!!

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Excellent, another victory for us caggers, well done


Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Ok, I posted off a narrative and N252 to Link for the costs and heard nothing from them whatsoever. The 25 days will be up tomorrow so what is the next step please ?

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Complete Form N254 Request for Default Costs Certificate. Send the Form with attachments and a cheque payable to HMCS for £45.00 to the court dealing with the case.

 

Await receipt of costs certificate. The certificate will command the other side to pay the costs set out in the certificate within 14 days.

 

x20

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Thanks again x.

 

Which would be the copy of the document giving the right to detailed assesment ?

 

Would it be the original order striking out their claim ??

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Yes. Either the order striking out expressly awarded you costs or alternatively, the strike out was made under CPR 3.7 with the right to costs arising automatically under CPR 3.7(4)(ii).

 

x20

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Hi all,

 

a default costs certificate arrived in the post today giving them 14 days to pay. I wonder if I'm going to hear anything back from them this time or whether I'll have to go the whole hog ?

 

I cannot understand Links' failure to reply to anyhting that has gone on between us over the last 5 months, it seems incomprehensible to me that a company of that size is apparently burying its head in the sand.

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great thread, my battle with link only just starting...well 1 month ago...after cca request nothing..


Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

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Well, nothing from Link whatsoever (apart from spitefully defaulting me yet again!), times up tomorrow.

 

What is the next step that I have to take to enforce the court order (that they pay costs within 14 days) ?

 

Any ideas gratefully accepted.

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Contact the court and let them know that they haven't complied - and that they have added another 'default' on your credit score that you need removed asap - (again this has increased your costs)

 

See what the court say about enforcing the order.

  • Haha 1

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Thanks SG, I'm going to ring the court tomorrow RE this, I'm just waiting on a couple of cases on here and how they pan out as to my next steps RE the DN's.

 

Have you served the default cost certificate on the opponent?

 

x20

 

When I rang the court they said that they would serve them...Was the advisor wrong x ?

 

Thanks.

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OK. Then check with the court what the date of service of the certificate upon the opponent was.

 

If the time for payment has expired, get stuck in with the enforcement process.

 

x20

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The order stated that they must pay by the 23rd of December, I may be jumping the gun as they still have one day but they have never replied to any communication from me to date so I have no reason to presume that they will do now.

 

I presume that the next stage of the enforcement process will be bailiffs (?). Do I need to send them notification that I am preparing to take this course of action and if anyone can help what is the process via the court (An application for a Warrant of Execution?)

 

Thanks as always.

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Hi all,

 

just had a letter from the court advising me that my request for a default costs certificate was not signed and therefore not fully completed.

It then goes on to say that the claimant is going to object to the making of the default costs certificate and a copy of their objections will be sent by the court as they receive them.

 

OK....the request for a default costs certificate was not signed but how can they now object to one being made now.

 

They had until the 24th of November to lodge their objections after they had received my bill of costs, which they did not.

 

The court granted a default costs certificate giving them until the 24th of December to pay and are now in posession of an application for a warrant of execution.

 

How can they at this stage now lodge any objections to the request for a default costs certificate ?

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OK

 

Points of dispute and consequence of not serving

 

47.9

 

 

(1) The paying party and any other party to the detailed assessment proceedings may dispute any item in the bill of costs by serving points of dispute on –

 

 

(a) the receiving party; and

 

 

(b) every other party to the detailed assessment proceedings.

 

 

(2) The period for serving points of dispute is 21 days after the date of service of the notice of commencement.

 

 

(3) If a party serves points of dispute after the period set out in paragraph (2), he may not be heard further in the detailed assessment proceedings unless the court gives permission.

 

 

(The costs practice direction sets out requirements about the form of points of dispute)

 

 

(4) The receiving party may file a request for a default costs certificate if –

 

 

(a) the period set out in rule 47.9 (2) for serving points of dispute has expired; and

 

 

(b) he has not been served with any points of dispute.

 

 

(5) If any party (including the paying party) serves points of dispute before the issue of a default costs certificate the court may not issue the default costs certificate.

 

 

(Section IV of this Part sets out the procedure to be followed after points of dispute have been filed)

 

 

Another question, would they have to seek the courts permission by way of an application for an order to stay etc ?

Edited by hsbclinkdcms
additional info

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Seem to be finding my own answers here but would like some confirmation as I will be speaking to the court ASAP.

 

Practice direction Part 47.11 37.6

 

Application for an order to a CJ or DJ.

 

47.12

 

Court officer may set aside if they have been prompt and he can show good reason (???)

 

Would 8 weeks after the last date for them serving objections on the detailed assessment seem to be prompt ??

 

Ok they're going to disagree with the amounts but I am confident that I can argue their points on that.

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I think you are in unchartered territory here as far as many Caggers are concerned, which may be why advice is thin on the ground.

 

The unsigned certificate may have given them an excuse to delay payment which the court are now wondering about. After all, many defences are based on imperfect documentation.

 

Why not call the court and offer to resubmit with a SIGNED form to restart the process. You will then be seen as not putting the court to the inconvenience of the hearing and removed the objection. If the DCA still goes ahead then, you will be on the high ground.


Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Hi Docman and thanks.

 

The court have already asked me to just resubmit the application as they had already granted a warrant of execution. This is now stayed and will be going before a DJ shortly.

 

I am, to admit, astounded as to the grounds that the DCA are lodging objections. They state that no costs order was granted by the Judge who struck out their case (for non payment of allocation fees). The sanctions to be applied in cases for non payment is covered under CPR 3.7.

 

CPR 3.7(6)(a) states;

 

6) If the claimant does not pay the fee by the date specified in the notice –

(a) the claim will automatically be struck out without further order of the court; and

 

 

CPR 3.7(6)(b) then follows on in these cases;

 

(b) the claimant will be liable for the costs which the defendant has incurred unless the court orders otherwise.

So there is no need for a costs order from the court in such cases unless it is to deny costs, certainly not to allow them. CPR 3.7(6)(b) gives automatic costs.

 

And they lodge objections on these grounds ????????????

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