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    • Beware using the word "mitigating". That is only if you're admitting it and asking them to be lenient because x,y,z or whatever.   You are not admitting it so there can't be anything to mitigate something you didn't do.
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
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    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   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? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   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 ? BY PHONE/POST   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 HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
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Deed of Conditions Scotland

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Can anyone advise on enforcement of "Deed Of Conditions" in Scotland.

 

If a Developer is placed in liquidation before completion of an estate with common property, the common maintenance of which is described in the DOCs. Are the DOCs enforceable ?

 

The developer was running out of money and made many construction shortcuts/ changes to the common areas, the changes were never registered with The Registers of Scotland. They finaly run out of money and were placed in liquidation by the courts.

Many houses were unfinished and some had not been built. The liqidator pulled enough funds together to build the final few houses and sold them to cover his costs. The unfinished houses were not completed by the liquidator and were left for the owners to complete (the owners had to pay upfront for their houses before construction). Many houses were left without completion certificates and remain so to this day. Owners moved in without the certificates.

 

The common areas, ie gardens/ landscaping, paths, railings, drainage systems were never completed.... mostly never even constructed. Some areas are a hazard with unprotected vertical drops of upto 3 metres, other areas are subject to flooding due to lack of drains

 

Construction was in the 1970s

 

The problem now is some owners are trying to enforce the Deed of Conditions or their own version of it.

 

Any advice would be greatly appreciated.

BDI

BDI

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not got a clue but will see if I can find someone

 

Ida x


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can you give me a rough area of scotland where you live?


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Thank you for the replies.

 

can you give me a rough area of scotland where you live?

 

....West of Scotand

 

 

BDI

BDI

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On Monday you can try Govan Law Centre

 

they should be able to help as well

 

Govan Law Centre


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Many thanks.... will try them on Monday

BDI

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sorry can't seem to find anyone who would know or be confident to answer.

 

Could you let us know when you have contacted GLC as it may help someone else in the future?

 

ida x


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Not having much success

 

Called Govan Law centre but they were not able to help as I am out with their area, but they helpfully supplied contact info for the Legal Services Agency, Glasgow. Contacted them, but they say their helpline is only open on a Thursday from 11 to 1pm.

On checking their website help in this area looks doubtful.

 

 

BDI

BDI

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Not having much success

 

Called Govan Law centre but they were not able to help as I am out with their area, but they helpfully supplied contact info for the Legal Services Agency, Glasgow. Contacted them, but they say their helpline is only open on a Thursday from 11 to 1pm.

On checking their website help in this area looks doubtful.

 

 

BDIBDI

 

Sorry, just read your plight.

Deed of Conditions, are enforceable as they are usually subject to the Title Deeds.

Check our the Register of Sasines, info pages as well.

I'll look for the link for you. :-)

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Can anyone advise on enforcement of "Deed Of Conditions" in Scotland.

 

If a Developer is placed in liquidation before completion of an estate with common property, the common maintenance of which is described in the DOCs. Are the DOCs enforceable ?

 

The developer was running out of money and made many construction shortcuts/ changes to the common areas, the changes were never registered with The Registers of Scotland. They finaly run out of money and were placed in liquidation by the courts.

Many houses were unfinished and some had not been built. The liqidator pulled enough funds together to build the final few houses and sold them to cover his costs. The unfinished houses were not completed by the liquidator and were left for the owners to complete (the owners had to pay upfront for their houses before construction). Many houses were left without completion certificates and remain so to this day. Owners moved in without the certificates.

 

The common areas, ie gardens/ landscaping, paths, railings, drainage systems were never completed.... mostly never even constructed. Some areas are a hazard with unprotected vertical drops of upto 3 metres, other areas are subject to flooding due to lack of drains

 

Construction was in the 1970s

 

The problem now is some owners are trying to enforce the Deed of Conditions or their own version of it.

 

Any advice would be greatly appreciated.

BDIBDI

 

Me again,

 

Follow the link;

Deed of Conditions - Google Search

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Just resurrecting this thread in the hope there maybe new members who could help.

 Very happy to work to a Deed of Conditions, but the big problem is the areas covered by the Deeds were never constructed.

Just a pointer to a solicitor who is well experienced in this area would be great. Had fingers burnt many times by "experts". Many of the legal profession walk away when they discover the level of the problem.

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We cant recommend... Im afraid its against the Forums Rules.

Andy 


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