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    • 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.
    • Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
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payments not credited by dca.


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have been paying DCA for 12 over 12 months,the account was then moved to a different DCA been paying since July 2009,My problem is I paid with crossed postal orders,the post office has confirmed encashment but will not confirm any details. both DCAs will not admit to these payments and credit the account.any suggestions would be graciously received.

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have you requested documents and statements? if not , do so NOW.

Do the CCA first, then when they dont comply, you can write again stating that all payments will now stop.

Youve got to get hold of the statements, they are crucial to see if theyve lumped charges on to you

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i got the statement from the original creditor and this showed no payments for over a year had been credited from the first dca,I then got one from second dca after asking for cca . which showed no payments to them before feb this year when infact they had been sent from july 2009 to jan 2010.have written to all three but no acknowledgement at all

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OK, well stop paying them then. write to them stating that as no acknowledgement has been received, future payments will be witheld until such time you recieve a full statement of account, also that they need to provide you with evidence that they are legally allowed to collect from you

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I assume that youve been paying them without asking for the proof of debt etc? so if youre going to write, you should make a CCA request, to keep things organised.

Also send off SAR to original lender. this will show you what theyve charged . Make sure you specifically ask for the executed agreement to be supplied on the SAR.

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I knew I owed them something whenI received there letter several years ago and never questioned the ammount or charges have been paying small monthly payments since.I found this site and asked for cca,which eventually arrived and the first page seems to be right and proper but second seems a little different, the statement shows an 18 month gap in payments I sent,this was queried to oc and the two dca but none of them will accept they have had the money although the post office confirms theyved been cashed but wont confirm to who.I will SAR the oc to see if this throws anything up.

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just heard back from the post office regarding postal orders,although the postal orders were crossed and made payable to a dca,the post office will only confirm tthat they has been cashed but not by whome,so the dca can say he has not received them,the only way to get proof is if you can get the police or courts involved,so I will not be making anymore postal order payments.

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I would definitely have speaks with the Police, as it looks as though this particular DCA is trying to be a tad dishonest. As long as you have proof that these POs were cashed, it gives evidence that the DCA is stealing the paymentIn anycase I would NOT contact these thieves again; I would contact trading Standards as a minimum and tell them what's occured i.e. that they are cashing your POs and not crediting your account with the money. I'm ertain that the DCA will find that there's been a "mistake" and they will suddenly find the money

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Exactly. So the thing is to say to the new DCA that you are in the process of informing the authorities about a dispute with the previous DCA and that you do not intend to make further payments to them or anyone else until that dispute is resolved. tell them no further correspondence will be entered into, and if they persist, you will forward their letters to the authorities for inclusion in the dispute

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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