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    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   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.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
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LadyEarth

Ending AST early without comeback from dodgy landlord

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OK, a really long story here but the crux is; our landlord is in the process of selling thehouse to private buyers who want to move in by Christmas. We have an AST with seven months outstandingbut are happy to leave early so that we can move to somewhere permanent and getcomfortable (rather than waiting for the axe to fall). We have found somewhere that is available (ourkind of property is v hard to come by and we feel lucky that we have an out)but need to move in ASAP. LL will onlyend our tenancy at the point of exchange which may happen in a few weeks. We want to end the tenancy regardless ofexchange so that we can settle our family.

As the landlord did not treat our deposit appropriately wehave grounds to sue him and have suggested that if he ends our tenancy formallyby 30th we will not sue. Heis now trying to bring forward exchange etc.

My question is, our rent falls due on Saturday. If I pay only what would be due until 30thi.e. 6 days worth, would it reduce our leverage or make us vulnerable in anyway?

If payment is held until Monday (it would be paid thennormally as the SO for Saturday would prob go out Monday any way) would thatmake us vulnerable? Should I pay rent a day early to be sure of being on time?

Any other suggestions on how to emerge from this tenancyunscathed would be very welcome!

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Blackmail is a bad way to start any negotiation. Take the threat off the table. You can still proceed later if mutual agreement not reached. but a claim for non-protection could cost you £1K+ in up front Court fees and pot much more in defence costs if you are wrong plus your own legal costs for solic/barrister to prosecute your action.

Has LL served you a s21 Notice during T? If yes then invalid if deposit not correctly protected etc.

LL could refund full deposit and re-issue s21 . This does not however protect him from action for non-protection, but it is Judge's decision to assess level of penalty.

You mention little about your T other than it has 7 months remaining on fixed term? and LL wishes to complete sale by Xmas

You are under no obligation to vacate without a Court repo order, in which case new owners become your new LL on completion, suggesting sale would fail if new owners wanted vacant possession.

On the reverse, when rent in advance is due, full rent for that T period is due, a T cannot unilaterally pay less pro-rata. Equally a LL should expect a temp rent void to ensure vacant possessioon

My advice: Xmas is only ~4 wks away, allow next month SO payment in full and negotiate your T surrender date as last day of T period, signed by Deed of Surrender. otherewise LL may have claim on rent fore remaining fixed term

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Landlord really needs to compromise in this scenario.

 

If the new owners are wanting to move in, their solicitor should really get you to sign the contracts to say that you will leave. Their solicitor will be fully aware that LL cannot guarantee that you will move out otherwise.

 

Put it in this way to LL: "We have agreed in principle to allow you to sell your property despite being within a fixed term contract. We have a property that we can take now. If we are expected to work to your timescales, we cannot guarantee that we will find a property. If we cannot find a property in your timescales you must understand that we would be unable to move out. You have to see this from our point of view and not just from your point of view."

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With any normal person just such a reasonable argument would work. Unfortunately our LL isn't reasonable... Since moving in we have heard all sorts of stories about his dubious business practice. We have spent the last four weeks bending over backwards to try and make a solution and he has ignored our emails and avoided our calls. If this were purely a business deal we would stay until the end of our AST and then find somewhere else. However it is our home and now feels like it isn't, we are unwilling to invest in carpets, curtains etc in a house that we will be leaving soon which means the next 7 months will be uncomfortable. We have personal and business plans that will have to be put on hold until we have a secure home. For these personal reasons we are prepared to take some risks, but of course we don't want to end up with massive bills and a CCJ!

 

Interestingly the purchasers (who are unable to complete without vacant possession) are prepared to take over our tenancy immediately so that the landlord has no losses. He is refusing because it will reduce his leverage on an early sale. If we leave can he sue us for losses if he has refused an alternative tenant?

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