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    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes 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?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan 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 ?  I believe it was done online on their app 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 was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
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Threat to include interest


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What is the best way to handle this problem:

I have a defaulted CC and have been paying the OC on an agreed basis since the default in early 2003

A request for an increase has been made but I explained that it is not poss.They want an Income & Expenditure from me.I sent one last year(Reluctantly)I said that my circumstances have not changed since the last one and that I do not have to comply.The response was that they will reintroduce interest back into the balance.

I have requested that they put in writing that they want an I&E statement.I have not requested a CCA 77/79.Should I do this at this stage or will it aggrevate them more?

It seems to me to be a threat and gives them a new twist to getting info from me,and ultimately more money.

I assume that they can re-introduce the interest and I would then be faced with an increasing debt.What would be my best approach here as I cannot afford more but I don't want an increase .

Thanks

Stripper

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What is the best way to handle this problem:

I have a defaulted CC and have been paying the OC on an agreed basis since the default in early 2003

A request for an increase has been made but I explained that it is not poss.They want an Income & Expenditure from me.I sent one last year(Reluctantly)I said that my circumstances have not changed since the last one and that I do not have to comply.The response was that they will reintroduce interest back into the balance.

I have requested that they put in writing that they want an I&E statement.I have not requested a CCA 77/79.Should I do this at this stage or will it aggrevate them more?

It seems to me to be a threat and gives them a new twist to getting info from me,and ultimately more money.

I assume that they can re-introduce the interest and I would then be faced with an increasing debt.What would be my best approach here as I cannot afford more but I don't want an increase .

Thanks

Stripper

Go for a CCA request. Amex tried this with me and I refused to give them i&e so they threatened court action, so I CCA'D them. Couldn't provide an agreement so now they get nothing, haven't paid them since July 2008. I haven't heard a word from them since January last year.

They really need to learn no to be greedy!

JON

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I'd agree, also check out the charges.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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CONSUMER CREDIT ACT 1974

Xxxxxxx

Xxxxxxx

Xxxxxx

Date xx/xx/xx

 

 

 

To Whom It May Concern:

 

Your Reference: Agreement Number:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request.

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration of Justice Act 1970, Protection from Harassment Act 1997, and Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

 

 

 

hope it helps

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If my CCA comes back correct and I cant pay more but they decide to add interest.Can I refuse the increase and continue with my current amount.What could be the action that the OC may take and how can this be dealt with?

Otherwise whats stopping them calling for an increase everytime they fancy.

Stripper

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If my CCA comes back correct and I cant pay more but they decide to add interest.Can I refuse the increase and continue with my current amount.What could be the action that the OC may take and how can this be dealt with?

Otherwise whats stopping them calling for an increase everytime they fancy.

Stripper

 

I'd would wait and see what you get back. You need to be firm with this and stick to your guns. You'll be surprised how quiet the DCA'S go when they realise that they can't bully you.

When did you open the original account and who is it with?

I know it's hard but don't worry about getting an enforceable agreement we can deal with that in the unlikely event that you get one!

Jon

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Hi Jon,its with Natwest opened in 2002.They send monthly statements and Im sure they will have the orig docs as they never sold the account on.

Stripper

 

Don't worry yet, out of 12 accounts onlt 3 of mine have ever been sold on, that's since 2005

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Thanks Jon

My original question still remains unanswered:If my CCA comes back correct and I cant pay more but they decide to add interestlink3.gif.Can I refuse the increase and continue with my current amount.What could be the action that the OC may take and how can this be dealt with?

Otherwise whats stopping them calling for an increase everytime they fancy.

What do you reckon with this situation?

Stripper

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Don't worry yet, out of 12 accounts onlt 3 of mine have ever been sold on, that's since 2005

They can call and ask for increases, you just say no. They soon give up when they know that you won't be bullied.

You need to stop them calling, so to be honest the easiest way is to change your phone no and be EX directory, be careful who you give it to. Get used to giving an incorrect no, unless you definitely want to be called back.

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Thanks Jon

My original question still remains unanswered:If my CCA comes back correct and I cant pay more but they decide to add interestlink3.gif.Can I refuse the increase and continue with my current amount.What could be the action that the OC may take and how can this be dealt with?

Otherwise whats stopping them calling for an increase everytime they fancy.

What do you reckon with this situation?

Stripper

you can pay what you can afford..do not be bullied into paying anymore...my attitude with them is if they do not stop the interest then i will be paying them zilch....their choice...remember once it passes to the dca then they should not be adding interest or charges to the debt....worst case scenario..they take you to court..judge will only order you to pay what you can afford and the interest would be stopped immediately anyway...this adding interest to a person who is already having problems paying is nonesense..but then since when did the banks and credit industry care about its customers...i treat them the way they treat me....and then they still have to come up with an enforceable agreement

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Halifax tried this one on me when I was in a DMP with the CCCS. The result was that I found this site, requested my CCA which turned out to be a big steaming pile of dung and I haven't paid them a penny for about 2 years.

 

I've just made them a F&F offer of 5%, just to get rid of it.

 

These people just never know when to stop. They haven't changed their practices at all for decades and even now they haven't cottoned on the the enlightened age of the internet, where groups like this are available to help people become aware of their rights and how to fight back.

 

They're dinosaurs and we all know what happened to them.

 

Fred

Edited by Fred Bassett

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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This site gives the best supportive help that you could wish for.I for one would have suffered financially and the rest, if it were not for all you wonderful Caggers.A whole multitude of such up to date advice and knowledge.Brilliant.

Thank you :D

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This site gives the best supportive help that you could wish for.I for one would have suffered financially and the rest, if it were not for all you wonderful Caggers.A whole multitude of such up to date advice and knowledge.Brilliant.

Thank you :D

 

Well said stripper. I feel exactly the same way. I've started the ball rolling now in a bid to rid myself of my debts. I'm in a very strong position with most of them because so many are completely unenforceable. Of the others, well only one is giving me any real concern and I'm hoping that within the next week I'll get a letter which will enable me to deal with that one as well.

 

If it weren't for the CAG, I would still be in a DMP, scraping by on the bare minimum, with 6 years still to go and creditors on my back every 6 months.

 

I've said all along that I will settle my debts and I will, but now it will be on my terms. One day, hopefully in the not-too-distant future, I will be debt free. It won't happen quickly, but when it does I will still continue to frequent these boards to try and pass on the benefit of what I have learned in the past few years.

 

Regards.

 

Fred

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Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I do have another question:If I request a CCA and it is received OK.Does this automatically get their backs up (remember I am still dealing with the OC)and then they really start hounding you?

If thats the case then of course I need to take a different approach but when things have been quiete for many years,is requesting a CCA the best route or just refuse to pay more when they come back once again.

its bloody difficult to get this balanced.I would appreciate some more advice and experience here.I am dealing with Natwest.Debt is since 2002 and defaulted early 2003.I dont want to rock the boat but I cant pay more and thats it.

Thanks

Stripper

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I do have another question:If I request a CCA and it is received OK.Does this automatically get their backs up (remember I am still dealing with the OC)and then they really start hounding you?

If thats the case then of course I need to take a different approach but when things have been quiete for many years,is requesting a CCA the best route or just refuse to pay more when they come back once again.

its bloody difficult to get this balanced.I would appreciate some more advice and experience here.I am dealing with Natwest.Debt is since 2002 and defaulted early 2003.I dont want to rock the boat but I cant pay more and thats it.

Thanks

Stripper

 

Stripper,

 

If you are paying all you can then that's it, it's as simple as that. They could, in theory, take you to court, but what happens then? You demonstrate to the Judge that you are paying all you can afford and they walk away looking stupid. So send off your CCA requests. It won't do you any harm and you might even benefit from it.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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asking for your cca is YOUR legal right...they are already asking you for more money refusing to stop interest....to hell whether it upsets them or not....as Fred has said..he will settle his debts but on his terms....you soon learn on here that most of these companies back down when you start to press your rights...who knows you may even have an unenforceable agreement..then the boot is most definitely on the other foot

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