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    • Hello Friends. I cannot believe it but im being evicted again, i was given a section 48 notice 4 months into my tenancy. I already went through this process last year, i overstayed in my last place by a few months and left on 6th Oct 2023. I knew to check all the documentation that they sent to see if the notice is legal, it looks like it is. I took this place out of desperation as i had to vacate that last place. I hate this place so im not bothered about leaving it.    These cowboys lied to me when i viewed the house. I told the agent that i was evicted from my last house and naturally i dont want this to happen again. She said  the landlord has no plans to sell the house. What she did not tell me was that the landlord had tried to sell the house last year and failed. So it looks like they have used me to fill in the short period of time until its time to sell again. I did see it advertised online.   I told them im not in a strong enough financial position to find another property, cost of a deposit, 1 months rent and moving costs.   They have told me they are starting legal proceedings. They have sent me an invoice for £395 but i have not even received the court paperwork.    I dont like the job im in so i have decided to relocate to a better job and hopefully find cheaper rentals.   I can post a copy of the notice if needed.  
    • yes a judgement sorry I used the wrong word before
    • Hi So on Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application - on the basis that the solicitor missed the deadline for the additional directions and it was an oversight on their part and that the claimant should therefore not suffer.   They then attached a copy of the deed of assignment and a new witness statement.  They stated that they would be happy to delay the court date by 28 days but that they believed both parties were ready for the court case on 7th June. My first question, is there anything I need to do or do I just sit and wait to see what is decided?  Secondly, is it likely the judge will be aware that the claimants solicitors did exactly the same in the set aside court case (ie they filed their court bundle late and applied for relief from sanctions on the morning of the court date, and my solicitors had no choice but to agree because they threatened to strike my case out because my solicitors had only filed their court bundle by email and not post).  This is a clear pattern of how these solicitors work rather than it being a one off oversight! 
    • I shall find the link later this evening. It was about couples not living together but being liable for council tax. I was never married or in an official civil partnership. We lived together for 18 months, I then left for 6 months for work but continued to pay my half of the bills and rent.   We then split up I gave up my tenancy she took it all in her name. She then decided to move in with me 5 months later. She then banned me from going back to my house eventually let me back in then called the police. Took over my house and is now only paying the rent not the bills so I will be landed with those to. So over the course of our relationship I have ended up paying her debts for 5 different addresses, personal loans and credit cards. If I refuse to pay them she makes more accusations.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cap1 & CCA return


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Looks like the genuine thing, except i can't see Barclays having signed it. If they haven't, then its improperly executed and only a court can enforce it (they are likely to if everything else is OK).

 

Never pre-empt what a court may do, if that were the case why don't they enforce more often?

 

Mike

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If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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Hi

 

Sorry to be a pain but it is quite important did you send the agreement back or did you take it into your bank and discuss it face to face before signing. It is just that i cannot see any cancellation details but i need to know whether it was cancelable or a distance contract to know what to look for.

 

Peter

Hi Davey 77

Sorry for the delay, i cannot find any major problems i am afraid, their are one or two errors in the documents form and content but nothing that i can see that would make the agreement unenforceable.

 

Sorry

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thanks Peterbard. That's ok. Not a great surprise. My suspicions have been confirmed.

Thank you for looking at it for me though - cheers, D

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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I wouldn't have thought they could enforce that. It's impossible to see if the prescribed terms are there and any copy they provide must be legible anyway. That isn't.

 

Thanks Ian. I agree :D

 

Stebiz

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Just received a court claim from CL finance in relation to my "debt" thread is found here,

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt/82935-help-cl-finance-court.html#post741271

 

I would appreciate it if somebody could help me.

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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I have received a response to my letter to the SLC regarding suspected fraud regarding my CCA.

It is in full in Emma vs Student Loans Company, if anyone to take a look.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Hi Peter, I pm'd you, what do you thinnk?

sorry didnt spot the 'brain reboot'

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Had a bit of fun with MBNA/A&L this morning. They sent me a letter saying if I didn't make payment within 7 days they'd commence legal proceedings. I phoned them and listed all of their breaqches:

 

Constant harassment even though account in dispute.

No response to credit agreement request, they have now committed a criminal offence.

Adding interest and charges whilst account in dispute.

Delay in providing statements leading to a complaint to the ICO.

 

The staff member had to clue re: any of this and the implications of it leading to him asking a million questions. The stating he'd have to pass it to a manager as this was all beyond him.

 

I said to feel free to do this and to tell the manager to go ahead and file in court because I'd like to see what a judge made of a counterclaim for default on Section 85. Well, this threw him completely.

 

He apologised for the letter they sent and said they'd be back in touch soon!

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Had a bit of fun with MBNA/A&L this morning. They sent me a letter saying if I didn't make payment within 7 days they'd commence legal proceedings. I phoned them and listed all of their breaqches:

 

Constant harassment even though account in dispute.

No response to credit agreement request, they have now committed a criminal offence.

Adding interest and charges whilst account in dispute.

Delay in providing statements leading to a complaint to the ICO.

 

The staff member had to clue re: any of this and the implications of it leading to him asking a million questions. The stating he'd have to pass it to a manager as this was all beyond him.

 

I said to feel free to do this and to tell the manager to go ahead and file in court because I'd like to see what a judge made of a counterclaim for default on Section 85. Well, this threw him completely.

 

He apologised for the letter they sent and said they'd be back in touch soon!

 

lol

 

Nice one, I had a good old chat with a cap one member of staff yesterday and blew his head a bit. You sort of feel sorry for them (NOT!!!!!).

 

Tanz

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Ian - sounds an exact replica of my situation, and of my conversation with them yesterday. (My letter was signed by Dee Dillistone - Head of Pre-Litigation, strange because on Thursday's letter she was Head of Customer Service).Maybe it was the same guy we both spoke to - he must be thinking stacking supermarket shelves on the night shift is looking like a good option!

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lol

 

Nice one, I had a good old chat with a cap one member of staff yesterday and blew his head a bit. You sort of feel sorry for them (NOT!!!!!).

 

Tanz

 

How come you all get the ones you can talk to? I seem to always get the rude agressive young blokes who tell me I'm wrong - that's it, no explanation, no legislation, no courtesy and no clue! If I had a pound for every time I have been told they have not breached any harrassment legislation I would be very rich indeed!

 

I think I need to head for the Bah Humbug thread...

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Guest Battleaxe

Chester Towers and Nottingham Hall are really in a dither about Section 85. I wonder how many claims they have now. I am so glad I was the first person to upset their little apple carts with this gem. I can't wait to get to court for my hearing. This time I am not settleing out of court, nothing to lose and a lot to gain because being mean I am claiming CI on all three accounts as well the Section 85 interest.

 

MBNA have tried to say I am wrong, but they are yet to come up with the section of the Act which says we are wrong. Generic mailers no longer cut it. No executed agreement, where do they go from here?

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Guest Battleaxe

I am assuming late May for mine, but I have been asked to plead section 85 on the 9 May for another CAGger. The Judge specifically asked me to plead her case when the directions was held.

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Chester Towers and Nottingham Hall are really in a dither about Section 85. I wonder how many claims they have now. I am so glad I was the first person to upset their little apple carts with this gem. I can't wait to get to court for my hearing. This time I am not settleing out of court, nothing to lose and a lot to gain because being mean I am claiming CI on all three accounts as well the Section 85 interest.

 

MBNA have tried to say I am wrong, but they are yet to come up with the section of the Act which says we are wrong. Generic mailers no longer cut it. No executed agreement, where do they go from here?

 

BA, by claiming CI, what is the balance of your claims?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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BA - this hearing sure will be interesting!!!

 

Ian - I bet you can't wait for their next letter!!! :D Nice for us to wrap them in circles isn't it? you "spot of bother" today made me laugh!!

 

We have a few interesting hearings coming up in the near future :)

 

BA your getting too good when Judges ask you to plead a claimants case do I detect a legal career in the making :rolleyes:

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I told a caller from Capital One today that the constant calls were harrassment. She said I was talking gibberish. When I told her I was recording the call and wanted a note of her name, rather surprisingly she refused to give it!

 

Another call added to my 13 page log!

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Have you seen the news about the woman who's taking Halifax to court for harassment?

 

Hi Ladybird.

 

No, I have not seen this....

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Very nice we are going to have to keep an eye on that case :)

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Had a bit of fun with MBNA/A&L this morning. They sent me a letter saying if I didn't make payment within 7 days they'd commence legal proceedings. I phoned them and listed all of their breaqches:

 

Constant harassment even though account in dispute.

No response to credit agreement request, they have now committed a criminal offence.

Adding interest and charges whilst account in dispute.

Delay in providing statements leading to a complaint to the ICO.

 

The staff member had to clue re: any of this and the implications of it leading to him asking a million questions. The stating he'd have to pass it to a manager as this was all beyond him.

 

I said to feel free to do this and to tell the manager to go ahead and file in court because I'd like to see what a judge made of a counterclaim for default on Section 85. Well, this threw him completely.

 

He apologised for the letter they sent and said they'd be back in touch soon!

 

I am in a similar position!!!

However, my position seems to be a stand off...MBNA are ignoring me.

However, I have reported them TS.

 

I wonder if they will be in touch with you soon?

 

AC

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I am in a similar position!!!

However, my position seems to be a stand off...MBNA are ignoring me.

However, I have reported them TS.

 

I wonder if they will be in touch soon?

 

AC

 

TS probably won't - they don't do anything!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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That way you will attract more attention to your story and get more visitors and more help 

 

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