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    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. Anyway I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
    • Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
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I have an on going claim against me..heres a run down of events..

 

received the claim..

Acknowledged the claim

sent Cpr31 request to claimant

they failed to supply anything

I Submitted an embarrassed defence

Court Stayed the claim..

 

now they have applied to the court and had the stay lifted..

 

this was done without a hearing..

 

What do I do now?

 

It says I have 7 days to apply to have it set aside, varied or stayed according to rule 23.10

 

I'm confused..Please help

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Dont do anything let it proceed.The next stage of the process is you will receive an AQ on completion of this you request disclosure and inform the Court noncompliance to your CPR request.They will have to produce the docs before a trial date is set.

 

Regards

 

Andy

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Ok Johnny N149 or150?

 

You ok completing this? Just post if you are unsure

 

Regards

 

Andy

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The Claimant pays the fee not you.

In other you need to state that you have requested information pertaining to their claim but this as not been provided.As this is Small Claims Track you are restricted on your directions but you can request that the Court orders the Claimant to disclose the documents you require and that stage you will better informed to submit a full defence to their claim etc etc.

 

Andy

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Whatever you feel more comfortable with.

 

Andy

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They can produce as many statements as they like assuming they have an enforceable agreement with all the prescribed terms and with your signature on and is legible.However if the account as been terminated which it has been because litigation has commenced then no further DNs can be issued.

Perhaps you could expand as to why this is concerning you?

 

Regards

 

Andy

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Have you ever requested a copy of your CCA?

Is that the first sight of a DN you have been sent?

If you could post a copy of it less personal details.

If you could expand on the basis of the debt and the reason for defending this claim.

 

Would help to flesh the bones out on your situation to enable me to advise.

 

Regards

 

Andy

We could do with some help from you.

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Thanks for your help on this Andy..

 

its a credit card debt from 2007

the debt was sold to the company that has now sent the claim.

got the claim in nov 2009 and acknowledged it

sent cca request to claimant

got a reply saying they needed an aditional 14 days to provide documents that I requested..

meanwhile I sent in my embarrassed deffence on the due date

the court stayed the claim ( but didnt tell me anything)

 

7th april i received a dn dated the 1st saying i have 14 days from date of notice to pay arrears..the total balance includes the claim costs even though there is no judgment yet..

 

which brings us to now:

claim stay lifted and aq to file..

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Thanks for your help on this Andy..

 

its a credit card debt from 2007

the debt was sold to the company that has now sent the claim.Have you received a valid NoA (Notice of assignment)?

got the claim in nov 2009 and acknowledged it

sent cca request to claimant

got a reply saying they needed an additional 14 days to provide documents that I requested..have they complied?

meanwhile I sent in my embarrassed deffence on the due date

the court stayed the claim ( but didnt tell me anything)

 

7th april i received a dn dated the 1st saying i have 14 days from date of notice to pay arrears..the total balance includes the claim costs even though there is no judgment yet.. Mmmmm issuing a DN after litigation has commenced total defence

 

which brings us to now:

claim stay lifted and aq to file..

Post up before submission I will tweak it.

 

Regards

 

Andy

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Your AQ Johnny when you have completed it also a copy of the DN less personal details thx.

 

Also who sent the DN orig creditor or the DCA?

 

 

Andy

Edited by Andyorch

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Hi Andy, The DCA sent the DN while the claim was stayed..

I sent CPR request to the DCA and the Creditor with £1 cheques which they have not cashed..also The DCA acknowledged the request but failed to provide..

I dont have a scanner to scan the DN for you..what do you need to know about it?

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Hi Andy, The DCA sent the DN while the claim was stayed..Ok

I sent CPR request to the DCA and the Creditor with £1 cheques which they have not cashed..also The DCA acknowledged the request but failed to provide..I assume you mean CCA Cpr is free have you done this also?

I dont have a scanner to scan the DN for you..what do you need to know about it?

 

if its valid ie layout amount dates does it allow 14 days plus delivery time to allow you to rectify the breach.

Regards

Andy

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No.. it was dated the 1st april but i did not receive it till 7th april

the DCA sent it but it is in the creditors name and layout

it says that i have 14 days from the date of the DN

but this was sent while the claim was stayed..

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No.. it was dated the 1st april but i did not receive it till 7th april:)

the DCA sent it but it is in the creditors name and layout

it says that i have 14 days from the date of the DN

but this was sent while the claim was stayed..

 

 

And there you have your defence, I trust you retained the envelope as proof;)

 

 

Regards

 

Andy

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Hello,

 

My friend has a lot of debts and he has moved overseas and has given my address as forwarding address. He has been sent a lot of debt notices from various companies (on his name of course). Being the forwarding address tenant, what is the legalities or things I must look for or want to know if I am not affected by this at all.

 

Cheers, RajuBhai

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Hello,

 

My friend has a lot of debts and he has moved overseas and has given my address as forwarding address. He has been sent a lot of debt notices from various companies (on his name of course). Being the forwarding address tenant, what is the legalities or things I must look for or want to know if I am not affected by this at all.

 

Cheers, RajuBhai

 

 

Hi Raju

 

No affect, they are in his name, just forward them on

Wecome to CAG

 

Regards

 

Andy

We could do with some help from you.

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i'm fiding the AQ a bit hard to fill in..the more info bit..I know that I need to mention that they failed to provide info under cpr31 and that I need the info to prepare my amended deffence..but i'm unsure how to do that also the default letter coming after litigation is started..that must be wrong..

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