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    • Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
    • The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. View the full article
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]   Name of the Claimant ? LOWELL PORTFOLIO I LTD   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 25 AUG 2020   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1) The defendant entered into an agreement with Vodafone under account reference xxxxxxxxx ("the Agreement"). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 31/07/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £595.63 remains due and outstanding. And the Claimant claims a) The said sum of £595.63 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.131, but limited to one year, being £47.65 c) Costs   What is the total value of the claim? £773.28   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a "Notice of Claim Issue" letter after the "Claim Form".    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No.   Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes, mobile phone account.   When did you enter into the original agreement before or after April 2007 ? After April 2007.   Do you recall how you entered into the agreement...On line /In branch/By post ? Online or phone.   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? I don't think so, I don't have a CCJ, but I will check.   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned to Debt purchaser.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I don't remember the notice of assignment, I will have to search through all my scans.   Did you receive a Default Notice from the original creditor? I think so.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I think so, I scanned all the letters, I think different companies have sent me letters, I will check.   Why did you cease payments? Never used the contract, plus financial trouble.   What was the date of your last payment? No monthly payment made just a upfront fee I think.   Was there a dispute with the original creditor that remains unresolved? No.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.     What you need to do now.   Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement
    • Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
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       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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I need help i paid a holding deposit of £620 on Friday ,then on Monday morning due to exceptional circumstance told the landlord i no longer could take the property,she is refusing to give me back my £620 and threatening to have me arrested for harrasment if I go to her house and ask for it,she will not speak to me on the phone just hangs up,where do i go from here ,there was no contract signed but i hvae a reciept for the money.I need the money back urgently as my dad lent it to me

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By the sounds of it...you are perfectly entitled to your money back assuming you've not willingly relinquished your rights by signing anything that would indicate the deposit is non refundable. Got this info off another site

Holding Deposit

7_Decorating_property_small.jpg

A holding deposit is paid by a prospective tenant so that a property can be removed from the market while references are taken up. A holding deposit is generally non-refundable if you change your mind about taking a property or if your references fall short. It will be refunded if the Landlord changes their mind about letting the property.

This is an important point to remember. If a Landlord changes their mind before a tenancy is signed all they are required to do is refund the holding deposit; scant compensation for a group of students with nowhere to live at the start of term. This situation can arise when some of the group are away on holiday over the summer or live some distance away and the signing of the Tenancy Agreement is left until the day that they all meet up to move in.

small.JPGEven if it has to be done through the post try and get the Tenancy Agreement signed as soon as possible.

Retainer

Different landlords have different interpretations of the word "retainer". The most common form of retainer is a non-refundable sum of money, calculated as a percentage of the rent, paid by a prospective tenant to a Landlord to hold a property for them over the summer months leading up to the start of the academic year. Retainers are generally only used with student accommodation.

The retainer period forms part of the contract even though you are probably not going to want to occupy the property during this period. The quid pro quo to the Landlord is that he has access to carry out certain maintenance works to the property during the retainer period. The normal retainer payment is 50% of a calendar months rent.

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Hi Lucas

 

I would send her a letter, send it recorded. Keep all communication in writing. Amend the letter as you see fit.

 

Dear Landlord

 

Re: Flat 1A, My Old Street, Mytown

 

I am writing to ask you to return my deposit of £650 that I paid to you on xxxxxxxx. I was hoping to move into the above property, on xx/xx/xx,

but due to exceptional circumstances beyond my control and the fact that no tenancy agreement has been entered into I request a full refund within 14 days.

 

I enclose a copy of my receipt for the deposit. Please will you confirm in writing, the reasons why my deposit is being kept.

 

I look forward to receiving a response from you within 14 days of the date on this letter. If you fail to respond within 14 days I will have no choice but

to start legal proceedings against you to recover my deposit, plus interest and court costs.

 

Yours sincerely,

 

A. Tenant

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Landlord is entitled to their actual financial loss.

 

Suspect this is zero in this case.

 

I would add to the above letter "I would like to remind you that you are only entitled to your actual financial loss due to this breach, so please quantify any such losses."

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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