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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
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[EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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dandy1764

Ex Landlord Court Action for Unpaid Rent

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Hi there forums,

 

was wondering if anyone has a bit of advice on the following issue re Old Rent Arrears.

 

We are in Scotland and at the weekend my partner received a court summons from our ex landlord of over 3-4 years ago regards unpaid rent? of £2600. plus expenses.

 

Background

Around 5 years ago we put in an advert in the local paper to rent a cottage in the country, with outbuildings as my partner wanted to get pony for the children.

 

We got a call from this lady who had a property that would be suitable and she gave us the address to go and view the property, which we did and it was deemed not suitable and we left it at that.

Then a few days later she phoned back and persuaded us to go back and look at the outbuildings through a gate and explained it would be perfect for us.

 

We decided to lease the property from her and called her to confirm this....she asked us to come to another farm around 50 miles away from the property and did we or could we arrange to draw up the lease for the property....we thought this strange but we could do this. We drew the lease up quickly and did not include the outbulding as part of the lease. We paid her the deposit and three months rent in advance.

 

We moved in to the property in spring and right in front of the cottage there was little stream and the cottage was at the foot of a very large field. The surrounding area was very green and a lush and we did not know this until winter set in but very cold and damp.

 

We stayed in the property throughout the winter and did not use the outbuildings apart from a little storage, and after a very damp winter and several hundreds of pounds of ruined clothes and breathing problems and coughs because of the damp conditions we thought we would ask the landlord if the damp problem could be rectified.

 

In the meantime we continuedc to pay rent and on arrangement with the landlord decided to paint and decorate the cottage in exchgange for rental.

 

Problem

The landlord had been going through a very high profile Civil Court Action at the Court of Session and had asked us if we minded if she gave the little outhouse as an address to the local authority as her main residence as she was living in a caravan at another farm and was now having to give permanent address to qualify for Legal Aid Help for her appeal to the House of Lords. We foolishly agreed to this as we did not use the outhouse anyway. I was in receipt of benefits at the time and had my own property in the city and my partners business was running into diffculties and was due to close. She was therefore entitled to housing benefit for the cottage and was also in receipt of this.

 

After a few weeks my partner recieved a letter explaing that her HB had been canccelled as the landlord had now moved into the property(outhouse) and she was no longer entitled to HB. She telephoned and explained the situation to the benefits and the landlord to no evail.

 

We just got great news my partner was now pregnant and we had immediately decided this was no place to live through the winter as we did not feel the property was fit for human habitation. We knew the previous tenant moved out because she was pregnant and she felt the property was damp.....It had been flooded on a few occasions as heavy rain had made the burn burst and the field was retaining lots of water that ran under the cottage...The cottage had no foundations and was just mud under the floor boards and was only 10 feet from the burn.

 

The landlord knew all of this and still did not offer any apologies for the HB issue...or the damp problems or mould all over our clothes in the wardrobes and cupboards. The place was soaking, windows needed to be left open all the time and there was no heating in the cottage.

 

We explained we were going to be leaving and there was a problem with the rent....HB was cancelled...we felt the landlord was owe us for damage to clothing and belongings.....we had made many repairs and improvements and painted the property for her as an offset against rent due....We found out from a old neighbour who lived at the top of the field that this was the last cottage in the row left and the previous cottages were all demolished over the last few years due to damp and flooding. We were astonished to finds out further that the address in old scots means (boggy ground, mire, swamp).

 

We left the property glad to see the back of this and presumed the landlord understood that after all the issues and loss we incurred that any rent owed would be offset against what was owed to us. We had bought and left a cooker, fridge and shed and felt again this benefited her future tenants.

 

We have had various letters from her solicitors in which we replied to and explained that if anything she was owe us money...we had not heard anything for around a year until the summons at the weekend.

 

We are going to defend this action but are unsure if we should make a counterclaim againts her?

 

Can anyone give us advice as to what arguments we should be putting before the court to helpour case.....

 

There was never any reciepts for the rent.....no acknowledgement of work we carried out....the lease was short assured 6 month lease I drew andwitnessed....no undertaking to rectify any of the damp problems and she now claims the damp course was not sufficient to protect the property.

 

CAn anyone advise the best weay to defend this action.

 

thanks very much

 

Dandy

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Guest Old_andrew2018

Hi

Imho I feel you should really get specialist legal advice as your issue is complex, other people accessing the forum might have some useful advice.

 

There is a serious issue you mention that is the fraud committed by your landlady when she claimed legal aid, this is only my opinion, but feel as a citizen you have a duty to inform the authorities of this.

 

Andy

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Hi there old andrew,

 

thanks for the advice...I am getting some legal advice later today as it is a little complicated and there are a few issues that concern me.

 

The Legal Aid situation is sensitive and confidential so I dont know exactly if a fraud has been committed as it hinges on capital and income/outgoings but certainly the reason for her stating that she was resident in the property was to qualify as being resident in a property she owned outright...otherwise not sure of her entitlement.

 

I am more concerned about the fact that she is effectively owe us money...We did not keep any records of when we paid rent and never recieved a rent book or a receipt for anything we paid....We also know we were owe her two months rent but we thought she was owe us more so it should have ben written off.

 

Anyway thanks for the advice

 

Dandy

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Guest Old_andrew2018

Report the actions of the landlady to the authorities, your lawyer will be able to tell you to whom you should make this report.

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