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    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ 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   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)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes 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?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes 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.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 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
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There's a couple of questions I need to ask regarding catalogue debt.

 

Up until the end of May I was paying the agreed £50 per month on a debt which now stands at £541.85, however I must add that £48 of this amount is from charges.

 

The account had been refererred to a collection agency NDR money and this was the company I was paying £50 per month to.

 

I recently wrote to the company in advance to let them know that my situation had changed and that I would need to reduce my payments,

I also emailed my letters to them as well as sending my post..

 

The first instance of my contacting them was 17th of June 2011, this was ignored

I explained that I was waiting for JSA to be set up and paid into my account thus enabling me to make payments.

In spite of this I have received threatening letters and had charges put onto my account.

What I would like to know is can I claim these charges back, as I did make them aware of my situation?

 

In addition, last year I requested a CCA from this compnay, who stated that they "couldn't locate it", but argue that the statement of account is sufficient etc.

I have every intention of paying this account but I am most annoyed at their clumsy way of dealing with my account.

 

As you can imagine I have written several letters in the last few weeks in answer to their " you have made a payment" letters.All to no effect so far. I have written a formal complaint because I am sick to death of their unreasonable attitude, I have sent proof of income , proff of JSA and my previous letters in my complaint- again. They said they would resond by 13th September 2011.

The matter becomes further complicated as I tried recently to make a payment through the NDR website to be told that the compnay are no longer dealing with my account - I have received no notification of this and since it was unclear as to whom I'm supposed to pay - i.e. statements come through from NDR, and statements online from the catalogue company I requested clarification but - no answer.

I have decided to just pay £20 to NDR by cheque regardless, as they are messing me about and at least this way I will be making a token payment, which they can't argue with.

Any advice would be much appreciated- Thank you.

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You are being more than reasonable with this Mrs Fedup, you would have been quite entitled to stop paying them due to the lack of agreement and the charges that have been added.

 

Think it would now be a good idea to send a Subject Access Request for which you will find a template in the Debt Collection Library.

 

Send £10 postal order and do not sign, this should go to the original creditor.

 

They may well have passed you on to a new DCA and your cheque could be lining the pockets of a call centre monkey so stop trying to pay until you feel they are playing fair with you.

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Mrs FedUp, I totally feel your pain and annoyance with these numpties! My mother has an account and have had umpteen rows with them about payment dates as she pays this off with her pension. Now mother has got behind again and they just keep adding all these late and default fees. She's 75yrs old and no matter how much you try to stay calm and be reasonable it just gets too much.

 

For the past 2 weeks they have called incessantly and when I answered one day and pulled them up on this (that particularly fine day they had called 10 times!) The cheeky mare said "but we haven't actually spoken to her 10 times! Give me strength!

 

So now I'm gonna SAR them and I will be claiming back all those charges. I personally wouldn't pay them anything until you know exactly who is getting the money!

 

Best

 

Coffee

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Mrs FedUp, I totally feel your pain and annoyance with these numpties! My mother has an account and have had umpteen rows with them about payment dates as she pays this off with her pension. Now mother has got behind again and they just keep adding all these late and default fees. She's 75yrs old and no matter how much you try to stay calm and be reasonable it just gets too much.

 

For the past 2 weeks they have called incessantly and when I answered one day and pulled them up on this (that particularly fine day they had called 10 times!) The cheeky mare said "but we haven't actually spoken to her 10 times! Give me strength!

 

So now I'm gonna SAR them and I will be claiming back all those charges. I personally wouldn't pay them anything until you know exactly who is getting the money!

 

Best

 

Coffee

 

Well done coffeeangel, don't forget you can also send them the harassment letter from the library and tell your Mum to say "in writing only" and put the phone down.

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if they haven't supplied an agreement they are not entitled to enforce the agreement full stop,if the account was pre apr 07 then its covered by the 1974 act and it may well be that they never had a signed agreement in the first place.

 

if you have never signed an agreement just refer them to s78 of the consumer act and their responsibilities under it.recently from reading they are trying to bluff their way out rather then writing off the debt and confirming this by letter where no agreement exists.

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  • 1 month later...

Hi

I must confess i'm confused with this account. I'm really not sure where I stand now this has been going on for too long. They told me I would receive an answer to my complaint by 13th September 2011- I'm still waiting for a response.

They stated in writing that they had 'lost' - yes LOST by credit agreement but argued that the stsement of account is enough to enforce my paying them. Don't get me wrong I have every intention of paying my debt but this situation is ridiculous.

 

I checked my account today online and found that my access to this account had been stopped. When I wrote to them I informed that I would be paying £20 per month - now alothough they stated that 'NDR' whom they handed my account to is no longer dealing with my account - they were not slow in cashing my cheque. No I don't know what to do, I've half a mind to write to them again demanding clarification of the handling of my account, and stopping making further payments until they clarify it. I am FUMING.

Any advice greatly appreciated.

Thank you

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Hi

I must confess i'm confused with this account. I'm really not sure where I stand now this has been going on for too long. They told me I would receive an answer to my complaint by 13th September 2011- I'm still waiting for a response.

They stated in writing that they had 'lost' - yes LOST by credit agreement but argued that the stsement of account is enough to enforce my paying them. Don't get me wrong I have every intention of paying my debt but this situation is ridiculous.

 

I checked my account today online and found that my access to this account had been stopped. When I wrote to them I informed that I would be paying £20 per month - now alothough they stated that 'NDR' whom they handed my account to is no longer dealing with my account - they were not slow in cashing my cheque. No I don't know what to do, I've half a mind to write to them again demanding clarification of the handling of my account, and stopping making further payments until they clarify it. I am FUMING.

Any advice greatly appreciated.

Thank you

 

Don't waste your time writing to them Mrs Fedup, they have had plenty of time to deal with this, you have their letter as proof that they have 'misplaced' your agreement, its not enough to have the statements if the "agreement" was pre 2007 as seen this before rightly states, if you haven't already sent them the SAR then do this now, they have forty calendar days in which to reply, if not advise the Information Commissioner. Just think of it this way that their unreasonable behaviour now will stand you in good stead if they ever take this to court. The more you take control of this, the more empowered you will feel.

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  • 2 weeks later...

I'd like to update.

 

I sent a letter weeks ago basically demanding that they refund charges applied to my account that they had pushed up to £541.84!!!!!

My online account had been suspended and I could not have access to it.

 

However, I have had several phone calls which I have ignored asking me to phone them to "discuss" my account which I will not do because I simply do not trust them.

 

Furthermore,I was about to SAR them and I checked yesterday just to see if I could access my online account and I could AND charges had been refunded!

They credited £180, and then a further £48 the following day and also my payment of £20 -Making my balance £293.84! Thats the good news..now for the not so good news.

 

As my previous posts indicate I have done evrything in my power to explain my situation but it falls on deaf ears

- they decided that they want the payment of £293.84 in TOTAL by the end of the month!!!!!!:mad2:.

 

How many times do these people have to be told?!

I've written AGAIN and explained AGAIN that my payments of £20 per month will continue.

 

- Any advice please, am I doing the right thing? I really don't know anymore.

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If its a pre 2007 "agreement" they have mislaid then they are not entitled to enforce this but if you feel happier paying them back what they say is owed then continue paying the £20, they'd be pretty silly trying further harassment when you have been so reasonable.

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Thanks

I'll have to check for the agreement start date. Why are they not allowed to enforce it if its pre 2007?

I appreciate your advice as this problem is getting me down.

 

Wah! only a cold is allowed to get you down like mine at the moment. Because they can get away with a reconstructed agreement post 2007, back shortly with a link if I can find it.

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  • 2 weeks later...

this is a catalogue debt

it is very very low priority

 

NDR are their own internal DCA

 

NO DCA has any LEGAL POWERS to do anything to you.

 

ignore all the phonecalls and letters

 

simply write to them and TELL THEM

they will be getting £XX for XX mts until your situation resolves itself

indicate that if they continue to add unlawful 'penalty fees'

that you will reduce payment to £1PCM forthwith.

 

dont spend heeps of time on this

it very low priority

 

as for the 'its unenforceable thing.'

 

how old it the A/C and when was YOUR last purchase?

it would be silly to start denying the debt because because of a 'paperwork error'

 

and i dont think this is your objective anyhow.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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also i hope they refunded the interest these charges cost you too, rather than just refunding the charges alone

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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