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    • I received the first signs of life from Shell Energy's "legal counsel" regarding the 1st claim and default judgement awarded against them.   I have attached a redacted copy of the letter where they indicate they look forward to receiveing a letter of confirmation.   I am confident I know why they have sent this request and more importantly how they intend to use any response.   I have prepared two options.   1. Ignore their letter (This is probably the best option).   2. Reply succinctly.     Shell Energy - Warrant of Control Response - Redacted.pdf
    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   1.     The Defendant contends that the particulars of claim 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 particular allegation to which a specific response has not been made.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
    • Parag Agrawal, Twitter's new CEO, is the latest of several Indian-Americans leading global tech firms.View the full article
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Hi All..

 

I have posted on here before..Our Landlord did not furfill obligations for repair to the property..The Enviromental Health hazard rated the Property and ordered LL to complete repairs..Instead she tried to evict us..

 

Solicitors were involved as she had failed to provide a proper contract..She had not completed repairs..no safety certificates...hazards..illegal eviction and not putting the deposit in a scheme..

 

The Solicitors negotiated us leaving in return for our removal cost being covered by LL.In return for not taking LL to Court.On the 11th hour 7 days before we left..The LL suddenly put the Depsosit amount into the DPS...against the agreement and against our wishes..

 

We left the property in good order..except those parts that were noted by the EH..

 

We had a great checkout by Inventary company who remarked how great it was left..We have full photographic evidance of this..taken at the same time as the inventory..We took pictures of minor paint touch ups and were aware LL may ask for this to be repainted..We asked for quote by Painters and kept these in case..

 

We didnt hear from LL so applied to the DPS for the return of our deposit.Single Claim.I frequently contacted LL by Email..I have copies..asking for a response over whther we could have access for painters..if required..

 

LL wrote to previous soliciotors..against my wishes as they were not representing us..I had set up contact for LL so she could respond.We have a copy of a letter refusing to do this..

 

New tenants moved in..LL started a despute with the DPS and when she was asked to provide quotes they were dated Midjune approz 6 weeks after new tenant had moved in..

 

We informed DPS that the amount she placed with them was part of a agreement set up but the Solicitors and was not negotiable.DPS agreed that LL was complicating matters and was not playing ball with them either .They adviced us we were within our rights to start proceedings as it was proberley best that the ADR was not used.We could prove that even at the Final Inventory we had requested that LL or representative be present so if work was needed we could get it done have our money and say goodbye..

 

LL has a proven history of not responding..Of delay tactics..of flouting rules..DPS agreed that even with them she left it to the very last minute and was confusing proceedings..

 

We said as it was not negotiable..The repairs were a seperate issues as they amount was part of the slcitors agreement.In light of the fact we could prove that we offered to have any Minor problems fixed if needed..She did not resond..

 

We can prove that she has delayed..we can prove we have tryed to be amicable and have been more than fair..

 

These proceedings were issued in August up North cus that is where Husband works and we are moving there soon..LL did not respond in 14 days but called Court to say LL had been away and needed more time..Courts allowed this!!!!!..Now finally nearly 3 months later LL has responded By moving the proceedings to where she lives and also by bringing a counter claim for Damage to the property!!!

 

The amount is part of the Original agreement..we can show that LL lives by LL rules..

 

where do we go from here..Do we ask for proceedings to be sent back up north..How can she claim against us when we can prove that we have always played ball..

 

Any advice would be great..If I can supply more info I will..

 

Kind Regards CF

Edited by Coastfodder
To apologise for spellings errors
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I fail to see why the DPS have not simply returned the deposit to you. There is no reason for them to send you to court to do this - if they feel that the landlord is playing a game, then they need to adjudicate and decide as they see fit.

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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Thankyou mrs Shed..

 

I am in complete agreement with you..It is obvious that it was part of an out of court action..Even so I waited for the 10 days to be up..

 

It took from April till Mid Jun to get a resonse from LL..who is acting as if she knows nothing about any of it..She completely ignored any referance to this by ourselves..she has falcified documants..she then requested it went to ADR June time..which is when I taold the DPS that I had had enough..We could prove time and time again that she is playing games..

 

They said until they had a court order they could not release funds..

 

She is not using her original Soliciotor who on 3 occaisons phoned our Solictor to apologise for her Clients non Compliance with agreements that were trying to be made but LL would do something completely different much to the anger and frustration of all involved..

 

We have seen by her court papers that a solictor has filled them in but will not act fo her...

 

Honestly this is a woman who saw the ceilings were falling down.EH had tried for months to get action from her .We had 4 young Children...We had tried for a year to get her to repair..But she said it was OUR fault cus we didnt hassle her..Im sorry but numorous letters and phone calls we gave to her in our eyes shows we kept on at her..She admits she read them but still did nothing cus it was our fault we didnt persue her..

 

We are filling in the apers to request a full hearing..We are truely not going to be victims..Thankyou CF

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To All..

 

Well we have now recieved a Copy of her defense and a counterclaim..

 

LL has confirmed that new Tenants moved into the Property 4 weeks to the day that we moved out.It was let for a higher amount and LL was able to relet Property without The FULL paint Job and other "issues" that were brought up..

 

The LL has suggested that a Solcitor is acting for her when offical forms say they are not..She has not signed the Court Papers (another attempt to hold up proceedings??)She has named and quoted a referance for The Solcitors on the front page.We are certain this is a false claim.

 

The quotes for work are false..

 

LL sates that she could not contact me as she did not have an address..

 

2 weeks before we left LL insisted i respond to a request by Email.I did this and provided LL with an Email address I could be contacted on 24/7..

 

Thankyou for reading cf

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On looking through the forms more fully we can see that her of her defense is taken up with the point that were in the original out of court proceedings..It was our understanding that these Matters were not to be used in any further proceeding (which we havent done).Hence our Case starts from when we left the property. we make no referance to previous matters except to say LL has broken agreement.

 

We have also noted that LL has not signed ANY of the Documants!!! this is something that we have had problems with in the past!!! LL does not sign so further delays are caused..

 

Also what is the acceptable format to produce Photographs to the court?? On a Disk or Copies of the pictures???

 

Many Thanks CF

 

Edited to add huge apologies to MR Shed..Im sorry Sir for typing my Reply to MRS Shed

Edited by Coastfodder
Apologies
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