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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Soph v Halifax


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Well thought I would start a thread as i have a couple of questions... have looked through but can't find my precise answers i think... well maybe I need a little reassurance too!!

 

Anyway, have sent the Data Protection Act, Prelim and LBA - had standard letters blah blah initially but received a offer for £50 on bank account and £60 for credit card last week (which i am obviously not accepting) Am filing Moneyclaim today for almost £1000 (so exciting!!!) shall I still a thanks but no thanks letter for the charges? Now I have written it I guess I might as well!!!

 

However my second qu is the Moneyclaim interest thingy,

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

are you supposed to put the total amount of your claim?

 

Also what is the daily rate of interest?

 

Thanks so much for any help in advance - am so so impressed with this site and shall be adding my donation WHEN i win!!

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Hi, me again! Have worked out my above question I think and filed my moneyclaim.. interesting that all else has been ok but am now geting nervous!!

 

However, have been looking for a standard "thanks but no thanks letter" for their tiny little offer they gave me but can't locate it anywhere in the templates library... any clues? links etc would be much appreciated or else shall get composing!

 

Thanks again in advance, Soph

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my last reply to them before i started claim went like this

 

Thank you for your letter dated 10 August 2006 offering a goodwill gesture payment of £546 I will accept this offer only as part payment and not as full and final settlement.

I am very disappointed that you have failed to respond positively to my letter of the 26 July 2006 LETTER BEFORE ACTION. As this deadline as now passed you have left me with no alternative but to begin a claim against you for the full amount off £1022 plus interest plus my costs and without further notice.

 

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Righty ho, am sending a letter looking like this:

 

Thank you for your letters dated 9th and 10th August 2006 offering goodwill gesture payments of £60 and £50. I will accept this offer only as part payment and not as full and final settlement.

I am very disappointed that you have failed to respond positively to my letter before action on the 1st August 2006. As this deadline as now passed you have left me with no alternative but to begin a claim against you for the full amount of £604 plus interest plus my costs and without further notice.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £429 plus £47.65 that you have charged me in overdraft interest for the sum from my current account. I further calculate that you have taken £175 plus £174.99, which you have charged me in overdraft interest for the sum from my credit card account. Therefore, the total you have taken from me is £826.64. I am enclosing a copy of the schedule of the charges which I am claiming. I will also be adding the 8% APR to my claim.

I require repayment in full of this money.

Yours faithfully,

 

 

If anyone has any comments please feel free to pass them on - Thanks all!:smile:

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