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    • I contacted them when it happened. The caretaker came over, looked at it, and walked off with the tree chunks of mortar. Next morning, they had a roofer come over and enter our garden to inspect it. Friday they were supposed to speak with a scaffolding company. I had to bring up liability and potentially calling the council to report 'an unsafe structure' before they even got moving. They know all about the wedding, the preparations, our patio contractors etc. but their attitude doesn't instill me with confidence. My fear is it will end up being a legal matter which is why I posted here to hopefully receive some advice. As far as I can see, the roof is in a state of disrepair, even if it's just the mortar breaking lose due to the size and weight of the chunks - and even from ground level it's visibly clear that multiple pieces have fallen over time (though never this size so we haven't been able to identify the issue till now - we thought it was rubble left in the garden by the previous owner). Currently, we can't use 25% of our garden due to the risk of more falling mortar which is more than just an inconvenience, we can't proceed with our contractors, and at worst, it will run up in several thousand of extra expenses for us, if we have to find a wedding venue. Even if they do have it fixed in time, and we have to settle for renting a marquee and floor for the marquee and furniture and whatnot it will be additional costs only due to the neighbour's roof.
    • please create your OWN topic by hitting create or + in the top red banner  
    • It will be years before Banks would sell to a debt buyer.  Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action.  So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments. 
    • I'd get back to them tomorrow, and explain the circumstances, that you have a wedding reception, and just appeal to their better nature. Hopefully they will be able to move sooner rather than later, especially if you go in in person and speak to them, and show them the issue.
    • 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.
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MBNA county court Summons " Help Please


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I have an application form signed by myself dated 15/11/00 you can view this on Page 16, Post 315. This application form refers to account number 4916 2493 0080 8001. The account number they are refering to now 4129 8506 7470 6318 they have no credit agreement and they are relying on the application form dated 15/11/00. I have requested all statements going back 6 years under a Subject Access Request and they are unable or wont provide me with the statements with the account number 4916 2493 0080 8001 refering to application form 15/11/00. They have only provided me with statements dated back to 24 July 2008. Are they breaking the law due to the fact that i have paid £10 for a full SAR?

 

If any documents that you require are not disclosed by the other side then you can make a CPR31.12 application for their disclosure.

 

The other side must disclose all relevant docs (and so should you - although your list will not be so comprehensive and may include correspondence between you and MBNA, DCAs the CAB or whoever you were dealing with and teh OFT doc dotty linked to - bearing in mind the unfair treatment aspect of the case)

 

These deadlines are for you to use to your advantage, this is where you can take control back of this claim.

 

Totally ridiculous all this for £500 !!!!! especially when that £500 seems to be S69 interest ...... oh well ......

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Hi Dizzy ok standard disclosure download form here

 

Her Majesty's Courts Service -Forms and Guidance

 

Follow the dates this is critical and list anything referred to in your amended /original defence that you wish to rely upon or referred to.

 

Exchange simultaneously by the date given but leave yours as late as possible so you can compare your N265 to Restons.

 

Anything on theirs that you dont have or is of use request copies.In particular on yours list the inflated costs received and list the hand made TO.

 

 

Get back to you later when you have digested the above.

 

Regards

 

Andy

 

Ha ha..your beginning to know me too well! Good to see your back, Happy New Year to you.

:dizzy: "Dizzie Diva" ;)

 

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If any documents that you require are not disclosed by the other side then you can make a CPR31.12 application for their disclosure.

 

The other side must disclose all relevant docs (and so should you - although your list will not be so comprehensive and may include correspondence between you and MBNA, DCAs the CAB or whoever you were dealing with and teh OFT doc dotty linked to - bearing in mind the unfair treatment aspect of the case)

 

These deadlines are for you to use to your advantage, this is where you can take control back of this claim.

 

Totally ridiculous all this for £500 !!!!! especially when that £500 seems to be S69 interest ...... oh well ......

 

Totally agree gh2008..The court advised that i write a list..I have a folder with all my correspondence in plastic pockets it ends on pocket 27 is this too much to present to the Judge lol..What shall i do photocopy all of it or just list it in a letter and send it to him?

:dizzy: "Dizzie Diva" ;)

 

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Hi Dizzy ok standard disclosure download form here

 

Her Majesty's Courts Service -Forms and Guidance

 

Follow the dates this is critical and list anything referred to in your amended /original defence that you wish to rely upon or referred to.

 

Exchange simultaneously by the date given but leave yours as late as possible so you can compare your N265 to Restons.

 

Anything on theirs that you dont have or is of use request copies.In particular on yours list the inflated costs received and list the hand made TO.

 

 

Get back to you later when you have digested the above.

 

Regards

 

Andy

 

On this form shall i ask for disclosure of the executed agreement for the account number they are refering to now which is 4129 8506 7470 6318 and all the statements they should hold for account number 4916 2493 0080 8001. As they have not fully completed my Subject Acess Request. Also is their a body i can report this matter to as i want the rest of my statements!

Edited by DizzieDiva2010

:dizzy: "Dizzie Diva" ;)

 

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If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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have you got a link to their POC and any Witness Statements or Skeletons or anything that they have produced so far. I need to see how they have

a) come to the sum quoted

b) justified the charges & interest

 

Those points are the key, counter those and you win and may get costs.

 

I would also look at the OFT's guidance on how they should have dealt with you and think about building an argument for an unfair relationship

They may have also breached the CPUTR but I am not up on those at all so you will have to hunt someone else out to help there.

 

Good luck :D

 

Hi gh2008, Restons witness statement is on page 38, post 749.

:dizzy: "Dizzie Diva" ;)

 

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If you find my advice helpful - please click on my scales

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I cannot download this form, I have a network error something with my PDF and i cannot work out what this is could someone kindly download it for me and send it to my email address?

Edited by DizzieDiva2010

:dizzy: "Dizzie Diva" ;)

 

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Hi please explain more. I did not recieve the Default Notice first class UKMail like they have said in their witness statement they have lied because i have the envelope they sent it in and it did not give me 14 clear days. I thought i was on a severe hardship programme with a payment plan of £5 per month however they went ahead and unlawfully terminated my account on a faulty default notice. This is the reason the Judge did not grant them summary judgement and for this reason MBNA were most unhappy and told me at the court room that they would be requesting a different Judge.

:dizzy: "Dizzie Diva" ;)

 

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I cannot download this form, could someone kindly download it for me and send it to my email address?

 

Right click on the link and select 'save as' then select where to save the downloaded form

 

Then, find the form and double click to open

 

(assuming a windows PC)

If you find my advice helpful - please click on my scales

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Right click on the link and select 'save as' then select where to save the downloaded form

 

Then, find the form and double click to open

 

(assuming a windows PC)

 

Windows Vista I have, i shall try your option, thanks.

:dizzy: "Dizzie Diva" ;)

 

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Do other Cag members have DizzieDiva's dilemas help lol

 

check your email

 

Then you need to make a list of EVERY document that you MAY want to use - include EVERYTHING!!!

If you find my advice helpful - please click on my scales

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check your email

 

Then you need to make a list of EVERY document that you MAY want to use - include EVERYTHING!!!

 

Not quite GH only documents referred to in DDs Defence thats all.

 

Andy

We could do with some help from you.

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Not quite GH only documents referred to in DDs Defence thats all.

 

Andy

 

And of course your WS DD

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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31.6

Standard disclosure requires a party to disclose only –

 

(a)the documents on which he relies; and

 

(b)the documents which –

 

(i)adversely affect his own case;

 

(ii)adversely affect another party’s case; or

 

(iii)support another party’s case; and

 

©the documents which he is required to disclose by a relevant practice direction.

 

IMHO it is NOT just docs to which you refer/have already disclosed

If you find my advice helpful - please click on my scales

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Just remember the more you list the more you will have to exchange (if requested to)

Dizzie you use the N265 as a weapon to steer or frighten and to assist your case listing all but the kitchen sink will not assist IMHO

but thats your prerogative what you choose.Having filed hundreds what would I know:|

 

Regards

 

Andy

We could do with some help from you.

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