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    • I'm afraid lapse of time has got nothing to do with it in this case. At the very minimum, though there is is six years within which to recover a debt – and when the money is paid by way of a mistake, it is six years from the date that the mistake was discovered or could reasonably have been discovered. I understand that your vehicle was damaged in an accident and the repair bill was paid by the insurer. Somehow or other, you were also paid about £2000 ostensibly to pay the garage for the repairs. As the car was already repaired, you didn't pay the money over or query it – but you used the money. I'm afraid that if that is a correct summary of what has happened then I would say that you are obliged to repay the money. If my understanding is correct – then you had probably better contact the solicitors and start dealing with them because I'm sure that they will have no hesitation issuing a claim against you and you will then be liable for the money, plus interest at 8% – plus a measure of costs.  
    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the claim are vague and 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.   2.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and 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.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if 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.   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.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
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Muck spreading Landlord trying to force me and my family out.

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Here goes...

We moved into our current property in October '09 and since we have been here there has always been a nasty smell in the basement, we have mentioned this to the landlord on numerous occasions, we have also had problems with flooding downstairs.


Last weekend this all culminated with the mother of all floods in my sons room which turned out to be raw sewage from the flats above and from the mains pipe.


I immediately contacted my landlord to rectify the problem and he sent out a drain flusher. I then requested that he contact environmental health to work out what was spoilt and what germs we were dealing with as my wife and children have both been ill. On this request he went away and phoned back an hour later to say that he had another flat for us to move to whilst he got the problem sorted.


It then transpired that this had happened before, firstly the drain guy with his limited knowledge of plumbing told me the pipes were massively inadequate to deal with seage and there is another pipe running the length of the downstairs that is incorrectly laid, when questioned my landlord admitted it had happened before and he had failed to rectify it.


so we moved into this other property, he also stated that I could carry on running my office from the previous place to keep my business going.


He originally stated we could stay there until the beginning of August, however the other night whilst I was working I had a call from my wife telling me that a lady had let herself in and accused her of being a squatter. This is the future tenant for the property we have been moved to.


She eventually left and I contacted the landlord who didnt say much.


Last night we had arranged an meeting that I had to cancel, however the landlord turned up with the future tenant, let themselves in and even though I had asked them to wait they both started shouting, swearing and bawling at me. Basically they were trying to bully me into moving out of both properties. The landlord had bought with him some kind of device for checking for damp, whilst she stood in front of me to block me he hurried downstairs to do some tests.


** (this may be a separate issue) Whilst he was upstairs my blood was beginning to boil and I am afraid reason by the point had all but failed me. I asked her to leave, she refused, I asked her again and mentioned that as she was trespassing I was able to use reasonable force to remove her as she was not welcome, she still refused so I held both her arms and walked her towards the door, she then started to fight back so rather than descend into violence I backed off and decided to phone the police. After this my landlord came upstairs and said he saw me hitting her and I would be done for ABH (yeah right, luckily I know my rights to a certain dgree)***


After this the Landlord exclaimed you F'ing T**T there is no damp down there at all, threw a letter at me and demanded I move out. Luckily at this point the police turned up as I was really losing my temper, I have 2 children, one of them registered disabled and I really feel pushed against the wall as you can imagine.


The fact of the matter is I am not concerned about the damp, it is the germs, I did not ask to be moved out it was his idea and I feel frightened in my own home now.


I have been to the council and have a meeting on Wednesday and they have said for me to send him a letter and have no further contact until then.


My main questions are, what rights do I have at the temporary property? Does my tenancy agreement cover this property?


As you can imagine I am now very angry, wheras before last night I was not thinking about taking him to the cleaners, after the stress and heartache he has put my family through, I want to see him get his rewards!


I also wonder what I can do about the intrusion?


I know I am quite a scatterbrain so I hope someone can pick up the pieces here and help me get back to normal, I just want to feel safe with my family again.


Many thanks



Edited by Tergwin
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