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    • 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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Need Advice-Locked out by landlord


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First, thanks for reading my post.

 

I have entered a leasing agreement with a landlord, and I spent huge amount of money to refurbish the building to become a school, and in agreement of lease, the landlord must maintain the heating system and external and fabric of building, arrange car parking space, build new disable ramp but I have all these problems during my 18 months staying, leaking roof, damp wall, inefficient heating system which occur huge gas bill and still cold; also landlord never divide the parking space therefore having argument with other tenants all the time, plus he never build the disable ramp as in the agreement.

 

The last thing happened in January this year really make up my mind to get out this building, the heating pipe burst(basically become a swimming pool) and damage the expensive dance floor, the lighting on the ceiling, and sound equipments. It's not the first time I have problems with heating system and leakage, it's ongoing from the start of the lease term, and landlord never fix it properly.

 

Anyway, I give landlord the notice and saying I can't carry on like this, and I am willing to pay him reasonable sum of money. We have a verbal agreement with him, once we pay the money he is going to release us from the lease. Also by his suggestion(in the email), we become his agent to continue managing the venue hire business and landlord gives us commission from selling spaces.

It seems to be all going so well, but when we go to pay him the money and ask for release documentation, he totally changed his attitude saying not going to release us from the lease, also become very aggressive toward me and my business partner, it really shock me and in order to avoid the situation, I have no choice to walk away from his aggression.

By that weekend, he locks us out and I have no chance to get our equipments out.

 

I know it's like a soap opera but I am not kidding landlord just went mad on us and deny all the agreement we have and claim we own the rent for April and May (landlord and I originally agree the term finished the end of March and I have paid everything till that day). Also he accepted the income from venue hire in April which I have invoice from him.

 

Anyway, I have been through property lawyers, but it seems going no where, also my landlord's solicitor takes her time to get back each request. I just want to get my equipments back, because this moment I have spent huge amount of money to hire the equipments to do the gig.

 

PLEASE HELP! Any right on my side?

 

PS: I have read some threads, one saying if landlord change the lock which mean he terminated the lease therefore he is not my landlord anymore, so he has no right to hold my goods under Torts (Interference with Goods) Act 1977, I just want to make sure it's correct.

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