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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.
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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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Cap1 & CCA return


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Based on... ???

 

http://www.oft.gov.uk/shared_oft/business_leaflets/enterprise_act/oft854.pdf

 

My memory did trick me in one respect: the old law only applies to agreements completed before 6 April 2008. However, since the new law (though untested) is drafted much more widely than the old law I don't think that is much of a loss.

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Another section 140A-140C idea for people to chew over:

 

I have gleaned from reading to get up to speed that one problem is that, if a CCA compliant agreement turns up (however late), then it becomes fully enforceable again, including any interest etc racked up during the delay.

 

However, it occurs to me that this may be a case for ss140A-140C.

 

The OFT guidance on Unfair Relationships indicates at paragraph 4.29 the OFT's view (albeit in relation to its collective enforcement powers under the Enterprise Act rather than the Unfair Relationships provisions themselves) that business practices by lenders in breach of legal requirements could be regarded as giving rise to an unfair relationship. Sections 77-78 are included in the non-exhaustive list of relevant provisions at paragraph 4.31.

 

Failure to comply with section 77 or section 78 is "any other thing done (or not done) by or on behalf of the lender either before or after the making of the agreement or any related agreement" and the court has the discretion to "reduce or discharge any sum payable by the borrower (or a surety) by virtue of the agreement or any related agreement".

 

So, there does appear to me to be the basis of an argument that the court has the power to disallow interest etc for the period of default, even if a compliant agreement turns up at the eleventh hour.

 

Neither this nor my earlier suggestions are anything more than ideas to chew over. I'd be interested in others' ideas.

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I have gleaned from reading to get up to speed that one problem is that, if a CCA compliant agreement turns up (however late), then it becomes fully enforceable again, including any interest etc racked up during the delay.
I thought that when they didn't furnish you with a valid CCA/don't have one at all, that the account was therefore in dispute as they have defaulted on their duties, and as such can't add interest/charges etc?

 

I'm sure I read on threads knocking about that if you stop payments, then somewhere along the line an enforceable agreement turns up, even though the agreement is now enforceable, you would only be at the stage you were when they first defaulted - effectively meaning that the account (should) stand still from the moment they default to the moment they produce something enforceable.

 

Have I got this muddled up with something else, coz having read this I'm a bit more concerned than I was 10 minutes ago?:)

Time flies like an arrow...

Fruit flies like a banana.

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I thought that when they didn't furnish you with a valid CCA/don't have one at all, that the account was therefore in dispute as they have defaulted on their duties, and as such can't add interest/charges etc?

 

I'm sure I read on threads knocking about that if you stop payments, then somewhere along the line an enforceable agreement turns up, even though the agreement is now enforceable, you would only be at the stage you were when they first defaulted - effectively meaning that the account (should) stand still from the moment they default to the moment they produce something enforceable.

 

Have I got this muddled up with something else, coz having read this I'm a bit more concerned than I was 10 minutes ago?:)

 

Wow this is getting me all confused too:confused:

 

Surely f they cannot come up with te agreement in the allowed time by law surely there must be a law to say that then cannot then enforce it a sthey have been given all the legal time to do so??

 

Simon

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Unfortunately Simon they can enforce it the moment a valid agreement turns up - so much for time limits eh:(

 

My concern is more to do with whether or not they can carry on with adding charges etc when there is not an enforceable agreement, then they find one and you're suddenly liable for a much bigger debt. I didn't think that was something they could do.

Time flies like an arrow...

Fruit flies like a banana.

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Look, in one sense, I hope I've got the wrong end of the stick. But I'm pretty sure I've seen some posts about agreements turning up - I think it's only a problem for the ones that had gone missing, rather than the ones that exist but don't contain prescribed terms.

 

What section 78(6) says is that the agreement cannot be enforced while the creditor is in default. Unlike some of the 2006 amendments, it does not say anything about interest and charges stopping during the default as well.

 

I am still very much learning here, so older and wiser hands may be able to clarify this.

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Unfortunately Simon they can enforce it the moment a valid agreement turns up - so much for time limits eh:(

 

My concern is more to do with whether or not they can carry on with adding charges etc when there is not an enforceable agreement, then they find one and you're suddenly liable for a much bigger debt. I didn't think that was something they could do.

 

 

MM yes I understand where your coming from but I think its still unfair they were given a chance & failed!!

 

They are so hot to chance but seem very laid back in dealing with CCA requests in my view,

 

Kind regards,

 

 

 

Simon:D

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Just because you're learning doesn't mean you're wrong;)

 

I do wonder though if I've got confused with the difference between a default and a dispute...

 

Just reading your last post, you mention the creditor being in default, which is obviously right. However, when they've got bumpkiss in the way of an agreement for me, I've written with a formal complaint and put the account in dispute.

 

Maybe if they've just defaulted on their requirements and it isn't actually in dispute then they can add charges etc, but when the account is formally disputed they can't?

 

I've just remembered a letter OH had from Halifax, where they stated although they had defaulted they could still apply charges/interest, but they were then at pains to say that they didn't consider the account in dispute, straight after this sentence. I didn't think much of it then, but I suppose it could be because if it's in dispute they really can't do anything?

 

I do hope someone can set me straight on this, it's making my brain ache:D

Time flies like an arrow...

Fruit flies like a banana.

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MM yes I understand where your coming from but I think its still unfair they were given a chance & failed!!

 

Absolutely it is!!! Would they just let us get away with it if the situation was reversed? Would they my bum:)

Time flies like an arrow...

Fruit flies like a banana.

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Absolutely it is!!! Would they just let us get away with it if the situation was reversed? Would they my bum:)

 

Yeah wpould they Bum Bloody right:-x

 

Mate you any good on working out something for me if I p.m you with some stuff as i anm thinking of V.T a H.P agreement but I keep getting my figures mudlled:confused:

 

I have all the documents here and I need an answer rapid really

 

Thanks,

 

simon:D

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Right, I see what you're getting at with those sections.

 

Sounds good to me, but having read back a few posts I don't think I'll be jumping in to be one of the first to try it out - I'm far too much of a wuss for that:D

Time flies like an arrow...

Fruit flies like a banana.

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http://www.consumeractiongroup.co.uk...lp-wanted.html

Ive posted a link here can the experts on here give me some quick advice on whether agreement is enforceable as I think ive gone into wrong section ie general how do I change it ? Or can someone change for me regards G

 

Click on the triangle at the bottom left of your post & ask a mod. if they would move it for you Gaz :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Right, I see what you're getting at with those sections.

 

Sounds good to me, but having read back a few posts I don't think I'll be jumping in to be one of the first to try it out - I'm far too much of a wuss for that:D

Point taken entirely - I am far more courageous hiding behind a posting ID talking about this in theory than I expect to be when push comes to shove for real!!!

 

But, that said, what I'm suggesting about using sections 140A-140C when an agreement turns up late isn't something you would need or want to do pre-emptively. It's intended as a helpful suggestion about how to react to a problem that though rare does seem to be real in at least a few cases and is a potential risk in many cases.

 

Also, my suggestions are intended to promote a wider discussion about the possible uses of section 140A-140C. Maybe many of us would be too much of a wuss to try things out but I'm not sure about how keen the industry would be to test out some well put together arguments either.

 

Open to the floor ...

 

PS If this would be better as a new thread, then maybe one can be set up. :?:

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http://www.consumeractiongroup.co.uk...lp-wanted.html

Ive posted a link here can the experts on here give me some quick advice on whether agreement is enforceable as I think ive gone into wrong section ie general how do I change it ? Or can someone change for me regards G

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/169592-urgent-help-wanted.html

now in different section but anyone on here tell me if this is enforceable ? Regards G

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I think this is very interesting, i have been looking at sites about claiming but they charge so much and some want 30% of the claim. i would end up in more debt than i had before. has anyone made a successful claim or will they fight you in court. paul

 

Don't pay them.

 

There's nothing they can do that you can't anyway. Plus, if you have to go to Court, YOU have to take the CREDITOR to Court - that company can't "do" it for you, and most I've seen won't attend Court... they expect you to do that yourself.

 

What are people paying them for, when there's enough info on this forum to get you through it on your own. Don't believe me? See all my threads - there's a link in my signature to them - and you will see it is possible. Everything I've learnt has come from this site. My debt is now £15k lighter and I only have 1 credit card, which I'm more than happy with.

 

Once you've cleared your CCA issues, you can start on your charges/PPI claims, of which mine are underway.

 

:p

 

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Thanks for that chris, would you be able to guide me through the proses as i dont have a clue about how or what to do, i am also worried that the card company will get nasty if i start a claim. I am with egg at the moment with a 0% deal on balance.

 

Try having a read through the links in my signature - see my post above - for a starting point.

 

What you need to do is start a thread of your own, (also see my sig for how) then post you're questions in that thread. This way, we can give you specific advice on your individual case.

 

If you're willing to listen to advice, ask, what will sometimes seem like dum questions to you, (there's never a dum question!) and follow through, you CAN do this on your own...

 

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Thanks for that chris, would you be able to guide me through the proses as i dont have a clue about how or what to do, i am also worried that the card company will get nasty if i start a claim. I am with egg at the moment with a 0% deal on balance.

 

 

Well that seems to be a very sweet deal. Normally its becuase the interest rates are skyhigh that people come to CAG for help:confused:

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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I can see another great debate on the following subject.

 

Many Credit Card credit agreement say for credit limit:

This will be determined from time to time etc.

 

1983 CCA regulations say:

 

Credit Limit

 

 

A term stating the credit limit or the manner in which it will be determined or there is no credit limit.

 

Writing time to time is not a manner to be determined if you know were I am coming from.

 

If they put for the prescribed term for interest rate “interested will be determined from time to time" it would make the agreement unenforceable.

 

Any comments

 

HAK

Edited by Having_A_Knightmare
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