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    • Hi With the Section 21 Notice I do hope the Landlord issued you with: Energy Performance Certificate (EPC) for the Property How to Rent Guide A current Gas Safety Certificate (if gas in the Property) If above have not been provided to the Tenant by the Landlord then they can't use a Section 21 Notice until the above have been provided (note you don't warn the Landlord of this until but put it in your defence) Have a good read of this link: Evicting tenants in England: Section 21 and Section 8 notices - GOV.UK WWW.GOV.UK Information for landlords in England on tenant eviction: assured shorthold tenancies, including eviction notices, Section 21, Section 8, accelerated possession, possession orders, bailiffs  
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    • thread title updated moved to overseas debt forum. sadly as they are outside any UK jurisdiction upon DCA rules which state in the UK they must not call employers, there not alot you can do to stop these scammers. make sure you totally make private ALL social media twitter/facebook/linked in etc etc as there no-way for them to findout where you work otherwise so you must have a leak somewhere. find it. your employer details arent even legally available to UK DCA's so how have they found it out to date???  simply write to the BANK informing them of your correct and current address ALWAYS!!. if you want to arrange payment or not TO THE BANK ONLY thats upto you. never ever ignore a Statutory Demand a Letter Of Claim a Court Claimform. if if if any of those ever happen. till then ignore and rewash. dx    
    • Date of issue –   13 may 2024 AOS date 31st may defence filing date 14th june plenty of lowell card claimform threads here use our enhanced google searchbox Lowell card claimform id be reading at least 5-10 threads a day. do NOT MISS your defence filing whatever happens.  
    • Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
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Hiya Guys,

 

I got this letter this morning from optima legal delaying tactics you think ? as its now past 14 days the letter was also not signed

 

Do you think i need to send a response to that letter?

 

Regards

 

Pompeyfaith

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/OptimaLetterreCPR18.jpg

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hiya Guys,

 

I got this letter this morning from optima legal delaying tactics you think ? as its now past 14 days the letter was also not signed

 

Do you think i need to send a response to that letter?

 

Regards

 

Leon

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/OptimaLetterreCPR18.jpg

 

 

Definitely delaying tactics .

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Fantastic citizenb just what i thought something else for my defence.

 

Onwards and Upwards

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Just one thing I noticed Leon, is that you wont be able to produce that letter in court as they have marked it WITHOUT PREJUDICE. So they know exactly what they are doing :-x

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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A legal phrase that allows parties to discuss and negotiate a settlement to a legal claim, without admitting liability. Any documents headed "without prejudice" cannot be used in evidence in any subsequent court case without the permission of both parties.

 

 

So cannot produce it but can i quote from it to show there unwillingness to produce documents on time.

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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I dont know what your worried about here, the fact that they have not complied with your CPR request is in your favour, it probably means they have nothing!

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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Yup and thinking back the portsmouth f c MBNA card was applied for via a leaflet in a pompey programme so im hoping it cant be enforced.

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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well jusy an update still nothin recieved but just want to check my dates N1 was dated 11 july cpr 18 was sent on the 17th july they recieved it on the 18th july so there 14 days ran out on the 1st august.

 

33days from the 11th july is the 14th august ??

 

are these dates correct ?

 

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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well jusy an update still nothin recieved but just want to check my dates N1 was dated 11 july cpr 18 was sent on the 17th july they recieved it on the 18th july so there 14 days ran out on the 1st august.

 

33days from the 11th july is the 14th august ??

 

are these dates correct ?

 

 

Regards

 

Leon

 

I make it 13th August.. :D

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you CitizenB August 13th i will go by what is the next stage if i do not get any Docs Re:CPR18 by then although they have already missed the 14 days by a long shot Do i go for a strike out ? as i have no documents to plead.

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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To be honest leon, I am not sure. I think you can write to the court and say that they havent produced any documents for you to see. I am not sure whether you can sneak in the fact that they are corresponding with you but using a Without Prejudice heading which is going to make it very difficult for you to put in a proper defence.

 

I think you need someone with some legal knowledge on this one now. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Pompey/CB

 

As a defence already been submitted ? I understand there was a mix up with submission and Pompey contacted the Court:confused:

 

Regards

Andy

We could do with some help from you.

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Hiya Andy yes i submitted the defence but forgot to include the part 20 i phoned northampton to explain my mistake but said there was nothing they could do, So now i am disputing the whole claim as for the PPI ill have to decide what i can do about that at a later date as ive only recieved a letter from OPTIMA LEGAL stating that they have passed the letter onto MBNA for them to supply all the info asked for which im still waiting for and time runs out on the 13th august which does not leave me much time to go though it all.

 

Im not really holding out much for the docs to arrive to be honest.

 

Also was the defence i put in a holding defence if so can it be expanded ?

 

Am i right in saying if they do not come up with the goods i will not need a defence as the judge will just throw it out ?

 

Really need some help here Thanks

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hiya Andy yes i submitted the defence but forgot to include the part 20 i phoned northampton to explain my mistake but said there was nothing they could do, So now i am disputing the whole claim as for the PPI ill have to decide what i can do about that at a later date as ive only recieved a letter from OPTIMA LEGAL stating that they have passed the letter onto MBNA for them to supply all the info asked for which im still waiting for and time runs out on the 13th august which does not leave me much time to go though it all.

 

Im not really holding out much for the docs to arrive to be honest.Neither would I

 

Also was the defence i put in a holding defence if so can it be expanded ?Not sure what did you submit was it Aloysiush short defence?

 

Am i right in saying if they do not come up with the goods i will not need a defence as the judge will just throw it out ? But you just said you have submitted one and no it wont untill you submit a N244 (AN)

 

Really need some help here Thanks

 

Regards

 

Leon

 

I will re read your thread tomorrow and see where you are up to

 

 

Regards

Andy;)

Edited by Andyorch
  • Haha 1

We could do with some help from you.

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Thanks andy your a gent

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Here is the defence:

Defence

 

1. The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of agreement upon which the cause of action is based.

 

2. Prior to the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant failed and/or refused so to do.

 

3. The documents described above were the subject of a request pursuant to the Data Protection Act 1998 and/or the Consumer Credit Act 1974.

 

4. In all the circumstances the defendant denies being indebted to the claimant as alleged or at all.

 

Part 20 Claim

 

5. The defendant/Part 20 claimant intends to claim sums paid to the claimant /Part 20 defendant in relation to a Payment Protection Insurance policy, sold by the claimant/Part 20 defendant to the defendant/Part 20 claimantwithout qualification or appropriate advice as required by the Financial Services Authority et al. The claimant/Part 20 defendant acted as agent/broker on behalf of the insurance company issuing the policy to the detriment of the defendant/Part 20 claimant.

 

6.The defendant/Part 20 claimant refers to paragraphs 2 and 3 above, As a consequence of the claimants/Part 20 defendants failure and/or refusal to provide documents, the defendant/Part 20 claimant is unable to plead the Part 20 claim with particularity.

 

And the defendant/Part 20 claimant claims:-

 

i) An order requiring the claimant/Part 20 defendant to disclose statements of account covering the entire period of the alleged agreement and a copy of the alleged agreement.

 

ii) Damages limited to £5,000.00

 

iii) Interest pursuant to Section 64 of the County Courts act 1984 at the rate of 8% per annum until judgment or further order or such other sum as the court thinks fit.

 

Dated this day of 2008

 

 

Statement of Truth

I confirm the contents of this defence/Part 20 claim are true.

 

.....................................................

defendant/part 20 claimant

 

To the court

And to the claimant/part 20 defendant

 

Only use the red piece if you made a CCA request.

 

Hope this helps. It is good enough to get you to disclosure.

 

Hi Pompey

 

Im just bumping up the defence you submitted so I dont have to wade through your thread:cool:

 

Regards

Andy:)

Edited by Andyorch
typo

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Ok Pompey

 

Is this what you have submitted via MCOL ?

 

Originally Posted by aloysiush viewpost.gif

Here is the defence:

Defence

 

1. The particulars of claim are vague and do not provide sufficient detail to enable the defendant to plead effectivley or at all. By way of example the claimant has failed to confirm the date of agreement upon which the cause of action is based.

 

2. Prior to the issue of the action the claimant was requested to disclose documents relating to the alleged debt and/or agreement. The claimant failed and/or refused so to do.

 

3. The documents described above were the subject of a request pursuant to the Data Protection Act 1998 and/or the Consumer Credit Act 1974.

 

4. In all the circumstances the defendant denies being indebted to the claimant as alleged or at all.

 

Regards

Andy

We could do with some help from you.

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You will need to re access the MCOL screen and check the status of your case.You should still be able to proceed to the counter claim section to submit your part 20 unless they have locked the screen.Alternativly you still have the hard copy papers you could submit your counterclaim via this method.

 

Regards

Andy;)

We could do with some help from you.

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Yes Andy just the defence submitted i missed the part 20 bit I will try MCOL now and report back in a short while

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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OK no cannot get in all it will allow me to do is view,print or save so should i submit it to the court via post ?

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hi Pompey

 

Yes just send hardcopy from your claim pack completing box 1&2 and also enclose a copy of your defence.I would send this spec/Delivery and also enclose a covering note explaining the mix up with your input vis a vis MCOL Date everything and retain proof of postage.

 

Regards

Andy;)

We could do with some help from you.

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Ok Thanks Andy doing it now, Just one question it mentions a fee do i pay that now ? Just I'm not working and on incapacity benefit. Ill get it sent S/D tomorrow as time is up Wednesday

 

Regards

 

Pompeyfaith

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hi Pompey

 

You may have to pay the fee which is £25/£55 dependent on the counterclaim amount, this you will claim back in your costs.You dont need to enclose payment now however check with the court and they will advise if you are excempt.

 

Regards

 

Andy;)

 

 

Best of luck with your case

We could do with some help from you.

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