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    • Ah but if I didn’t pay PRA group could they default me?
    • We have a damp problem in a party wall in a Victorian terrace.  Both I and my neighbour have single storey extensions at the back (actually the front, but the back as originally built...) with roof terrace / patio area above, and a brick wall dividing the two terraces. This is standard in the road. (They also have a small conservatory joined to the first floor over part of their roof terrace) Some years ago we noticed that the internal party wall below the terrace was showing some signs of damp. We asked the neighbours if they had noticed a similar issue but they refused to engage with us. We hoped it was a condensation issue, and it was only occasional.  Over the years the dampness has got more frequent, and a couple of years ago we had our terrace completely redone, with the old flooring removed, new felting put down, new lead flashing, and decking on top. I stripped the wall below back to plaster and re-papered and painted. Last year the damp returned, but much more noticeably. We use a dehumidifier and can "extract" a couple of pints of water from the downstairs hallway sometimes - regardless of weather. There is black mould at the top of the wall, and it's clear the damp is coming top-down. I've lifted all our decking, put sealant along all felt joints, and silicone sealer between the lead flashing and brickwork that forms the dividing wall between terraces.  Since then there've been occasions when there has been surface water running down the wall, even when it's not rained.  We're pretty certain it's when the neighbour waters plants on the terrace.  The neighbours still won't engage, but we have persistent black mould, the paper is peeling off and the wall is wet from the top.  To check it's not our roof, at times when the wall has been dry I've thrown buckets of water at our side of the dividing wall on the terrace (and this obviously drains down onto the felting below the decking). The downstairs interior wall is unaffected by this - confirming the problem is coming from the neighbour's side. So what to do? Is this something we should be referring to our insurers? If the neighbours fail to fix the root cause (which is presumably perished roofing under their conservatory, or blocked drainage etc), is there anything we can do to stop it affecting us?  The internal wall is structural so I'm not really sure how a builder would approach the problem without access from the neighbour's side too.  We're planning on selling within the next 2 - 3 years but in its present state it's hard to see how someone would take it on, at least without a big price drop.  Any suggestions very welcome! 
    • defaulted debts vanish from your file regardless to payment on the registered defaulted dates 6th birthday   NON defaulted debts will sit on your file for 6yrs yrs from last payment - i e the debt becomes statute barred,-  but that does not automatically guarantee they will be removed.
    • Yes if defaulted but my non defaulted ones sit there
    • but thats how long it will show from settlement payment on your file if you make one or  if you leave as is..same result but far cheaper....   dx  
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
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      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
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      Thanks for reading 
      • 16 replies
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Hi

I have been to court over various issues with A&L>Santander re: an unsecured loan agreement. I have recently come away from court and was advised @ CAG but I'm unsure if there are any active solicitors posting wthin the Bristol area. I have read as much as I can within the forum but this does seem to be an odd one and feel that it's mainly compounded by the Takeover of A&L by Santander (right hand doesn't have a clue what the left hand is doing) However I will try to keep it as condensed as possible and avoid unnecessary padding!! Will also keep dates approximate

1. A&L sent me numerous 'notice of default sums' from late 2008 (loan balance @ £21k).

2. Early 2009 further letters culminating "we will register your account in default in 14 days and issue you wih a Notice of Default under Section 87 of the CCA 1974"

3. No default notice was forthcoming as required under section 87 but they registered the default on my credit file along with a few more notice of default sums after the prescribed date (Date of default) and debited to the loan account i.e. was the loan live or terminated. Arrears @ £4,012.89.

4. Account passed to solicitors who issue claim mid 2009 through Northampton for @ £25k. No evidence of default notice submitted with claim.

5. They put forward an application notice early 2010 with typical "defendant has no real prospect of succesfully defending the claim, blah blah"

6. My main defence being no default notice issued prior to termination (account passed to solicitors) on or around mid 2009.

7. However I receive a default notice from Santander prior to hearing @ a month ago stating arrears as £3,768.45 which contradicts 3 above in relation to the arrears stated @ early 2009. I have therefore received a default notice @ a year after the original advices (notice of default sums') and termination (passed to solicitors) with the incorrect arrears amount (irregular?). They also appear to continue to communicate with me as though the loan is live and I continue to get DCA letters and statements of account from them.

8. I have been granted a month's adjournment to seek advice and submit my revised and/or amended final defence.

9. While in court Santander's representative quoted case law @ HSBC v Carey (I think) which he inferred that irrespective of whether a default notice was issued correctly it still entitled the claimant to judgement albeit that the judgement could not be enforced

Any help is greatly appreciated.

Regards

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