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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   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   Defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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MarshmallowMan

Structural repair to rented house - our rights?

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Hello all,

 

3 months ago there was a fire in our next door neighbours house and it more or less gutted the place. Our house next door - rented through a letting agency was engulfed in smoke but thankfully they managed to stop the actual fire spreading into ours. We had to move out of the house for almost 7 weeks while everything was restored and our contents treated and cleaned, etc.

 

We've been living back there for about 5/6 weeks now. There is a huge scaffolding spread over our neighbours house and it goes halfway onto our 'site' as well - we walk under it to get into our door. We don't really have a major problem with this althought it is a bit of a nuisance.

 

However, yesterday the surveyor, builder and others from next door met up to examine the structure of the place and in particular the 'party wall' - the wall which both our house and the burnt house share. It turns out that the wall is pretty much destroyed right up to our plaster - they said they were amazed it hadn't come through. They have now said that they will need to knock down parts of this wall and rebuild - essentially leaving a massive hole between the two properties. They have said it will take 'at least two weeks' and that we couldn't live there while they do it.

 

 

We have had a pretty rough ride in the past few months with all this upheaval and to make matters worse I am just starting writing my dissertation for my Masters degree that I need to complete by the end of February. If we move into temporary accomodation again, we'll have no internet access which is a massive obstacle when doing my work.

 

We are currenly looking for a house to buy and would prefer not to move out altoghether as we would then be tied down to a new rental agreement for at least 6 months. We are now on a rolling contract.

 

Does anyone have any advice on where we stand legally with all this - if we do decide to move out and cut our losses, do we still have to give notice int he same manner as stipulated in the tenancy agreement or can we terminate the contract on the basis of (albeit temporary) eviction?

 

As we would ideally prefer to avoid the above - do we have grounds for getting some from of compensation for all this - any advice on how to approach this e.g. reducaed rent for a period, cover for our bills while we are not there etc. We didn't get any compensation for the previous 6/7 weeks we were out but I think we have been reasonable and understanding up to now.

 

Thanks for any advice folks, it would be much appreciated.

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Guest Old_andrew2018

Bumping your thread

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It sounds as if you have been more than reasonable. You should certainly not have to have paid rent whilst not in residence and should reasonably expect some compensation towards bills such as council tax etc. I would have thought that any costs to the landlord could be claimed against the insurance of the house next door.

 

I think that if you wish to leave, your best move would be to contact the Environmental Health department at your local council who, I suspect, would consider a large hole in the wall would make the property uninhabitable!! Once they have declared it uninhabitable you can leave. You cannot just walk out on your contract though. Since your tenancy is now periodic, you only have to give one month's notice anyway.

 

However, if this is not what you want to do, you will need to put together some sort of package of compensation which you feel will satisfy you, and will then have to negotiate this with your landlord.

 

Personally, I would be inclined to look for somewhere else - and you should be able to move your phone and broadband with you.

 

Sounds as if you have had a difficult time. | hope you are able to sort it out to your satisfaction.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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