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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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dn852k4 Vs Halifax


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To date I've sent off the intial letter and summary of charges (£371 in total). On Monday I recieved a phone call offering me £55 to settle my complaint, which I declined. I was then offered a final amount of £160. I also declined this and requested the offer to be made in writing.

 

I recived a letter today. Here's an excerpt from it:

 

" As a gesture of goodwill I offered to refund £160 of charges to your account, which you do not wish to accept. We are not prepared to refund all the charges that you have incurred on your account over the last six years. I must stress that future charges will stand and we reserve the right to close your account if you do not manage it correctly.

 

I know this won't be the response you were hoping for, to comply with legislation, I would like to let you know that if you were to remain unhappy you can refer your concerns to Finanacial Ombudsman Service. They can be contacts on 0845 080 1800 or by post"

What would you suggest to be my next course of action? Would I be right in saying I need to send off the 'LBA' ?If so, should I accept the £160 as part payment?

 

Dan

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Hiya

You can reply to their offer saying you accept the payment as partial settlement but will continue to pursue for the full amount. But remember not to sign anything, you should have a letter for you to sign in with the one they sent, do not sign it or send it back. Just send them a little letter something like this –

Dear Sir/Madam

I am willing to accept your offer of £xxx as PARTIAL SETTLEMENT for my claim. Please be aware that I will continue to pursue the claim until full settlement is received.

 

Yours sincerely,

Send your LBA as planned.

Good Luck with Your Claim

Angi x

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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  • 2 weeks later...

Thank you for that advice Angi.

 

I sent the LBA off last week. I've just recieved their reply:-

 

'Dear X

 

Thank you for your recent letter.

 

As a gesture of goodwill I offered to refund six months worth of charges to your account, which you do not wish to accept. I confirm that we will not refund all the charges you have incuured on your account over the last six years.

 

If you remain unhappy you can refer your concerns to the financial Ombudsman Services as outlined in our previous letter.

 

I'd like to remind you, If you wish to refer the matter to the Ombudsman then you must do so within 6 months of the date of our previous letter.'

 

 

I believe my next course of action to be the court claim. On the 'money claim online' website where it states 'amount claimed', should I put the charges owed in there or the charges owed plus 8% interest?

 

One more thing, do I need to send Halifax another letter/list of charges?

 

Thanks in advance,

 

Dan

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Hiya

I would go do your MCOL, when I was that close to winning, I didnt bother getting back to them, I just did my claim.

Your Nearly There

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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  • 3 weeks later...

How long is a piece of string? It all really depends, they may not submit that they intend to defend giving them another few weeks to submit a defence, Halifax are pretty good at paying up at this stage however, you will just have to wait and see but ultimately you must be prepared to bring this all the way if need be,

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