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    • I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which  to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   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.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
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isoprox

Nemo - Repossession hearing please help***SUSPENDED***

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I honestly don't think the judge will order eviction - do you know if there are any duty legal reps at the court in the morning ? if so approach them and they will accompany you into the hearing to support your case. Do you know what you'll say if the judge asks why you didn't pay as per the proposal you made in March ?


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I'm not sure if there is a duty solicitor , but I will ask when I get there, if the judge asks about March and April payments I'm going to say that they refused payments, I am able to pay a lump sum of a £1,000.00 off the arrears but not until the 26/05/16 if need be I will offer this if I think it's going against us, within my defence statement I have given a full proposal and also have given accurate figures of arrears and balance in 2013 and to be honest since 2013 and current we have paid of nearly £8,000.00 of the balance since 2013 so it clearly states we have paid a good lump of it I hope these facts and figures helps with the decision.

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Did the lender actually refuse to take payment from you or did they just refuse your proposal to repay the arrears? Whichever way, the judge would think you should have kept these payments to one side and if you had made these payments the judge would see that you were committed to clearing the arrears.

I take it you no longer have the money for the March & April payments?


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They refused the proposal, yes we do have most of it

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Just because they refuse your proposal doesn't mean you stop paying altogether, you should always make payments especially as an eviction notice is imminent - you need to show that you are sincere about sticking to regular payment.. My concern is that the judge sees you made a proposal to pay a few months ago and then didn't make any payment - this could be seen as you not being commited to reducing the arrears. It would have been helpful to your case if you had paid the money you have before the hearing.


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We have made a significant payment since 2013 to show that we are committed to paying off the loan and the arrears

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I know what you mean, but at the end of the day you made a proposal to pay and then didn't make the payments in line with the proposal or keep the payments to one side so they could be paid when necessary.

 

In any case, it may not be an issue, but you need to know the judge could ask the question, that was what was worrying me.


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And too be honest if we need too we could somehow get that money for March/April payments and say that we kept aside as we didn't know what the outcome was going to be and that we would need this for deposits if we needed to rent etc

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And by the way I must thank you for the defence letter I ran it past someone I know and they said it's the best n244 they had Seen so thank you

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Tomorrow is another day unfortunately it's Friday 13 th

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And by the way I must thank you for the defence letter I ran it past someone I know and they said it's the best n244 they had Seen so thank you

 

Thank you for those kind words - I just want to give you the best chance possible and it's lovely to know it's appreciated :)

 

Glad you have thought of something to say if asked about those payments. It may not come up but I just wanted you to be aware of anything that might be an issue so you're prepared.

 

I'm sure it will all go well for you tomorrow - please don't forget to come back and give us the good news :)

13 can be very lucky :)


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Thanks for your support ell-nn

And I will send you the good/bad news

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I'm sure you will be sending me the good news ! :)


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I bloody hope so

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If decision goes the wrong way am I allowed to ask for longer stay or can I ask for time to stay in the house and sell

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You can always ask - but I don't expect you'll need to :)


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Best of luck isoprox

 

Andy


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SUCESS GOT THE EVICTION ORDER SUSPENDED many many thanks ell-Enn the judge tore the representative apart

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Brilliant ! you obviously got a good judge :) Can you give us a bit more detail about what was said in the hearing ?


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I have changed the thread title to reflect this was nemo

 

 

dx


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tidied and merged the many threads on the many attempts by nemo to do this to you as well.

 

 

have you ever sent them an SAR to get all the statements?

 

 

if not do so.

 

 

I see you've had many debt management visits

and must have horrendous arrears, letter, etc etc fees

ALL these can be reclaimed back off the outstanding balance.

 

 

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I will give a full detailed report about the hearing and I can't thank you enough ell-enn

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I look forward to reading it :)

 

I bet you're glad you didn't pay one of those repo companies now - they wouldn't have done anything more than we did for free


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Ok I have had a bit more time to reflect on what a awful day we had yesterday and the days running up to the hearing,

 

well I arrived at the courts really early so that I could have a chat with on duty solicitor, and also the representative for nemo, my hearing time was for 14.30 however I didn't realise that all the other people in the waiting room was the same time,

 

it was getting on for 14.20 so I was petrified that I wasn't going to get to speak with the other parties, in rolled the rep for nemo, and she asked if we could have to chat try and come to a agreement before we went into the court room, to be honest she was being really nice about it all, but after I have reflected on it she was sort of doing this to get me cough up a better offer,

 

I put my proposal forward to her to pay a extra £100 plus the normal monthly payment she was very unsure that nemo would agree so I offered her a lump some of £1000 to be paid by the 26th of this month plus the £100 and the normal monthly payment of £286 by the 1st of next month,

 

she contacted nemo to see if they would accept, after about 5 minuets she got a call from nemo and they accepted the offer so I was so relived, next the duty solicitor came and appologised for they delay the rep explained that we had come to agreement so there was no need for a meeting the duty solicitor asked if I was happy and I agreed,

 

we then were called into the court room sat in front of the judge the rep explained to the judge that we had all agreed a proposal, and his response was to ignore her and went through my n244 she said again we have agreed he told her to stop talking as it was his decision to agree the proposal

 

he asked me how I got into the arrears and explained, he was really nice with me and then asked the rep how much the arrears were in total then how long was remaining he did his calculation and said to her I am ruling the norgan statement and dropped the payment to £60 plus the normal monthly payment,

 

she said I had offered a lump some of £1000

he said to me can I afford that

I said it would be ok

he said no you're not

I want to leave you with some left over

you only need to pay £500 and

then said to the rep you set people to fail

so in 2 months time you're back on their case

 

he wouldn't let her speak at all I was flabbergasted ,

 

 

SO I CANNOT THANK YOU MORE ELL-ENN I

hope this helps anyone that finds themselves in this position and please advice before you go to court.

Edited by honeybee13
Paras.

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What a result ! I''m glad you got a judge who knew how these lenders and their reps operate- and reducing your monthly payment was a great win for you. You must be so relieved.

 

You must make sure you don't miss any payments - even by one day - or they will immediately issue another eviction notice. If possible you should try and pay a couple of days early to ensure they receive it on time.

 

Well done for staying strong.

 

When you are back on your feet you might consider making a small donation to CAG. The site is run solely on donations - every amount, no matter how small, helps us to keep the site running and continuing to give advice on these situations.


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