Jump to content


  • Tweets

  • Posts

    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my 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.    24th May 2024   ^^^^^ 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     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 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) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app 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 was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Statutory Demands


tiglet
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5717 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Have you been able to contact the person named on your Statutory Demand?  

15 Caggers have voted

  1. 1. Have you been able to contact the person named on your Statutory Demand?

    • Able to contact
      1
    • Unable to contact
      6
    • Not attempted to contact
      8


Recommended Posts

As these seem to be the "in thing" with DCA's at the moment, I was wondering whether anyone was aware of this, which I discovered on the DCM website:

 

"A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

Be aware that named people on accompanying letters are not part of the Statutory Demand - only those on the Demand itself are valid.

Important - make notes of dates/times you try to call the named person on the statutory demand, together with the name of the person that you spoke to and a note of what was said. Write and confirm everything said by Special Delivery."

 

Now, the poll above is basically to say whether you have been able to contact the named person or not. If you haven't tried yet, give them a call and see how you get on. if you already have, again, let us know how you get on.

 

I'm thinking that with the amount of these flying around, and the amount which they drop when challenged, shouldn't we be able to flag up to the courts or OFT that this is an abuse of process?

 

Let me know how you get on.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

Might help if we state which company and which individual - see if there is a pattern emerging.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

Capquest - Johanna O'Keefe - idiot I spoke to said she wasn't available but could call me back. Never did but I had the SD set aside anyway.

 

Red / Lowell - Andrew Bartle - idiot I spoke to said he is a company director and employs others to take calls for him.

 

On the set asides for both of these, I included the fact that they weren't contactable.

Link to post
Share on other sites

Well done - i think more of us should do this - DJ's need to become aware of the abuse of process going on.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

I think attempting contact is useful if one intends to apply to have the SD set-aside (therefore having acknowledged receipt).

 

If you do happen to get through to the person, you simply have to say that you have received it and hang up.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

6.1 begins with this

 

A statutory demand under section 268 must be dated, and be signed either by the creditor

himself or by a person stating himself to be authorised to make the demand on the creditor's behalf.

 

No notice of assignment first makes the SD invalid, as does failing to state they are authorised to make the demand on the creditor's behalf.

Link to post
Share on other sites

To guys voting, would it be possible to say which company and who so taht we can build up a picture?

 

It may be useful to TS or to peeps going to court to attempt set-aside.

 

Thanks xx

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

The poll's great but I would caution against encouraging people to make contact with anyone mentioned as representing the creditor on the SD in all cases. Making contact after postal receipt of a SD might in some situations put the debtor at a disadvantage.

 

x20

What could be the implications of this?

Link to post
Share on other sites

6.1 begins with this

 

A statutory demand under section 268 must be dated, and be signed either by the creditor

himself or by a person stating himself to be authorised to make the demand on the creditor's behalf.

 

No notice of assignment first makes the SD invalid, as does failing to state they are authorised to make the demand on the creditor's behalf.

 

Just wondering ......

 

What if its a photocopy signature? (i think capquest have been churning these SD's out as fast as their photocopier will go recently)!

 

I can't recall getting a notice of assignment - but how can I substantiate that?or do capquest have to prove they sent it and I received it (recorded delivery)?

Link to post
Share on other sites

Just wondering ......

 

What if its a photocopy signature? (i think capquest have been churning these SD's out as fast as their photocopier will go recently)!

 

I can't recall getting a notice of assignment - but how can I substantiate that?or do capquest have to prove they sent it and I received it (recorded delivery)?

I'm quite certain my SD from 1st Credit is a photo copy signature.

Link to post
Share on other sites

Too true - but, if you are going to attempt to get it set-aside (which is the safest thing to do, in my opinion) you would be confirming receipt anyway.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

  • 4 weeks later...

Hi

 

Is it just me being paranoid.... or am I right when I see that the name J O Keefe has JOKE as its first four letters?

 

Speaking as someone who has been unable to speak to her before (despite many requests) I got my SD set aside (and costs), I wonder if County Courts will be amused if it turns out that 'JOKEefe' does not in fact exist....

 

Oh I do hope so, surely that's bordering on criminal?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...