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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of 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 Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) 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.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Eviction Notice for 13th November, Suspended repo Order EVICTION CANCELLED


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morganalfie

 

You are in good hands now. Follow the advice from Ell-enn, who has helped many people in the same situation :)

Dont forget that you will need 3 copies (1 for you and 2 for the court) of the N244 and the attachments like the letter from the Council. There will be a fee of £35 that you will need to pay.

 

Good Luck, we are all with you.

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Hi there, sorry for delay I had someone waiting to see me when I got to work this morning which took longer than I thought!

 

I'm just writing your statement now........

 

Back in a few mins

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Hi there, OK affixed is the statement. You will need to fill in the info where there are XXX's (remove the XX's). When you print out the statement make sure that your printer is set for A4 paper (not Letter size).

 

These are the instructions for completing the rest of the N244:

 

1. Your name

2. Tick Defendant

3. Cancellation of eviction warrant

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except I Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

On your budget sheet write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Do the same on the letter regarding the MRS but it will be Appendix 2.

 

You should now have:

 

N244 form

Statement

Budget Sheet - Appendix 1

Letter re MRS - Appendix 2

 

This forms your application pack for court. You will need to take a copy of everything before you take it to the court.

You will need to pay £35.00 fee to the court (in cash).

 

Any questions, just shout.

 

Ell

Morganalfie N244 Statement.doc

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Hi there, yes - staple everything together (after you have taken a copy of it for yourself). The court will send a copy to Abbey.

 

When you have a hearing date post on here. You can then take an up to date statement to court to give to the judge - you can affix the proof of the payment you are making today and take the receipt for the boiler repair too in case they want to see it. You might also have more information regarding the MRS which we can include.

 

There's no need to send in payslips at this stage - you can always take one with you on the day of the hearing and produce it if need be (they don't usually ask for that).

 

When you take the form to the court today, they will give you a hearing date there and then.

 

Ell

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ok just onto abbey and paid some money, ive been told they want the full arrears of £1800 to stop the eviction. Also told them about the mrs, and was told that would very likely put a hold on things ???? But that was from the call centre person, and seriously never trust anyone who answers a phone

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Morning!!! So pleased that you are getting everything in order, I really dont think you have too much to worry about. There are so many things you have going in your favor the MRS for a start!!!! It's not like your arrears are that high really just sounds like Abbey being stroppy;)

 

You have made a payment now, like Ell said showing your committment. Your doing everything right, listen to Ell, she knows what she is talking about keeping everything crossed and wish you well:)

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Hi there, did you find the statement from Abbey? do you think the £1800 includes any arrears charges. If you can't find it then ring them up and ask for an up to date statement to be sent out to you today first class.

 

Ell

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell, just got bak in court is monday at 10.15.

 

The 1800.00 doesnt inc charges, they go to the end of the term, the litigation dept have just told me. I had to phone another dept for statement and have requested on, but it takes 5 working days

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OK, are you on internet banking? if so can you print off proof of the payment you made today?

 

Also, did you get the letter re the MRS? what is the next stage of that?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I am on internet banking, but i can make immediate payments like that, i paid over the phone. But I got a reciept number. I did ask them to send me an email, to confirm payment. But the lit dept told me they dont send out reciepts like that. So gave me a reciept number instead.

 

I got my letter from the council, I got my letter which stated I have an appointment for the 20th November. Whereby someone will visit me at home, to assess me.

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Hi, the payment will show up on your account if you made it by debit card. You need to print off today's transactions to prove to the court it has been made.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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....... What if the judge, agrees with the abbey and evicts me. Is there anything i can do then.

 

Dont torment yourself with the 'what ifs'.

Gather your strength for Monday at 10.15.

Its all looking very positive.:)

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Thats the spirit.

..and yes you will have some dark thoughts over the weekend, just banish them, put them out of your mind, you are going to be fine.

...and on Monday you will be very nervous, use that energy and be focussed.:)

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Keep posting on here over the weekend and you'll get lots of support :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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That was hard, really hard. Got the suspension.

 

But I had to work for it. The judge defo did not pull any punches.

 

And Seriously dont believe he took really into account the mrs,

 

He wanted to know about my earnings.

 

He has put me on a last chance, so if it happens again. I go straight before him. And he WILL evict me.

 

Seriously, I dont feel relieved just sick, tired and fed up.

 

He even asked me where my husband was. So obviously did not read any of the attached statements, budget sheets, or the letter from the council.

 

Thank you so much ell for ur help, will make a donation when i get paid.

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And also to everyone else for your support.

 

My laptop has broke as well over the weekend, so that has to go in for repair. So may not get chance to log on much in next couple of days.

In an Internet cafe now posting this. For all the world to see my business. Just wanted to tell you all the outcome as soon as I could

 

On the case will be rooting for you and thinking of you this week.

 

Dodgy your a star as well.

 

xxx

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That is great news, and very well done.

 

See you can fight back:) Gather your strength, get your laptop sorted out and keep logging on to here. The next step is to establish what charges have/will be added to your account..and challenge them!.

 

A really good result, I am very pleased for you.

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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