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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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Hi bet I'm in wrong place, hope someone will move me to the correct place need some advice.

 

I live in a three story block of flats

 

a new tenant moved in below me around 18 months ago,

 

I recently received a complaint from the housing officer regarding my washing machine being on during the night,

 

its on a timer to start during the cheap rates times economy 7 once a week, it sits in the kitchen on a concrete floor.

 

The tenant claims he can hear said washing machine, the housing officer has told me to stop using the machine and only use it in the day.

 

Ive been using this machine since the tenant moved in as I said 18 months ago and well before that,

 

what I don't understand is why has it only become a problem now I feel there is some aggregating going on regards to the noise level

 

can the housing officer tell me to stop using washing machine with out checking first whether it really is a problem and not just take the tenants word for it that it is.

 

what's next my tumble dryer my fridge. :evil:

Edited by matt v atos

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Hello there.

 

I'll check which is likely to be the best forum for you. What time/s are you using the machine please?

 

And has the housing office checked the noise level, for example?

 

My best, HB


Illegitimi non carborundum

 

 

 

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I have to be honest, about 10 years ago we lived in a flat and our upstairs neighbours had a washing machine on a concrete floor. I think you'd be surprised how incredibly loud it is in your neighbour's flat - we couldn't hear the TV, or each other speak. I think because the ceiling cavity acted as an amplifier, it was actually much louder in our flat than it was in their own.

 

That being said, they had it on every day not just once a week, and I appreciate that if you're on Economy 7 it is cheaper to use it at night. Is there any way you could place it on something to dampen the noise?

 

In fact, what about something like this?

 

http://www.amazon.co.uk/VIBRATION-DAMPERS-Dampeners-Pack-Dishwasher/dp/B002V7Y8JY

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"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

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Hello there.

 

I'll check which is likely to be the best forum for you. What time/s are you using the machine please?

 

And has the housing office checked the noise level, for example?

 

 

 

My best, HB

 

That info is in my post #1

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I have to be honest, about 10 years ago we lived in a flat and our upstairs neighbours had a washing machine on a concrete floor. I think you'd be surprised how incredibly loud it is in your neighbour's flat - we couldn't hear the TV, or each other speak. I think because the ceiling cavity acted as an amplifier, it was actually much louder in our flat than it was in their own.

 

That being said, they had it on every day not just once a week, and I appreciate that if you're on Economy 7 it is cheaper to use it at night. Is there any way you could place it on something to dampen the noise?

 

In fact, what about something like this?

 

http://www.amazon.co.uk/VIBRATION-DAMPERS-Dampeners-Pack-Dishwasher/dp/B002V7Y8JY

 

It goes to a fast spin for 3 nins and it don't bounce around it don't make a noise when on wash only on spin

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Hello there.

 

I'll check which is likely to be the best forum for you. What time/s are you using the machine please?

 

And has the housing office checked the noise level, for example?

 

My best, HB

 

No the housing officer has checked nothing

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Yes, but three minutes on a fast spin is enough to wake you up when it sounds like the machine is going to come through your ceiling. :-)

 

Honestly, I can only advise you based on my own experience, and that is that it's probably much louder in their flat than it is in yours. I'll also be honest and say that although I never complained to them or anyone else while we were there, if they'd been using it through the night I probably would have done. Unfortunately, noise issues are an occupational hazard of living in flats, I'm afraid. In my experience, it's better to try to find a compromise rather than let it escalate into a tenant war. Is it coming on at 10pm?


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Yes, but three minutes on a fast spin is enough to wake you up when it sounds like the machine is going to come through your ceiling. :-)

 

Honestly, I can only advise you based on my own experience, and that is that it's probably much louder in their flat than it is in yours. I'll also be honest and say that although I never complained to them or anyone else while we were there, if they'd been using it through the night I probably would have done. Unfortunately, noise issues are an occupational hazard of living in flats, I'm afraid. In my experience, it's better to try to find a compromise rather than let it escalate into a tenant war. Is it coming on at 10pm?

 

Yes around that time

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Yes around that time

 

I understand your point my worry is housing officer taking his word as true and not checking first and what's going to be next.

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Well, all I can really say is that it's up to you where you go from here - just bear in mind that he/she has already chosen to go to a housing officer rather than have a polite word with you about it first. These things have a nasty way of escalating into 'us v's them' situations - if it was me, I'd stick a polite note through his door saying that I didn't realise it was so loud, I'd try to find a way to reduce the noise in future but if it's still a problem come and let me know.

 

EDIT: Sorry, just seen your other post. Just contact the housing officer, tell her that you've apologised and are going to try to dampen the noise in future. To be honest, nothing's going to happen unless he continues to complain and they actually do end up monitoring the noise. Even then, I can't see noise occurring once a week affecting your tenancy. Do you have a tenants handbook? Have a look at what their policies are on handling 'noise nuisance'.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Well, all I can really say is that it's up to you where you go from here - just bear in mind that he/she has already chosen to go to a housing officer rather than have a polite word with you about it first. These things have a nasty way of escalating into 'us v's them' situations - if it was me, I'd stick a polite note through his door saying that I didn't realise it was so loud, I'd try to find a way to reduce the noise in future but if it's still a problem come and let me know.

 

EDIT: Sorry, just seen your other post. Just contact the housing officer, tell her that you've apologised and are going to try to dampen the noise in future. To be honest, nothing's going to happen unless he continues to complain and they actually do end up monitoring the noise. Even then, I can't see noise occurring once a week affecting your tenancy. Do you have a tenants handbook? Have a look at what their policies are on handling 'noise nuisance'.

 

Thanks for your reply just think the noise level should have been checked first to confirm the tenant was right I would not have a problem with this.:evil:

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Ironically, the housing officer was probably trying to stop the situation escalating to where the noise levels need to be checked, by having a quiet word and letting you know that he's getting wound up about it.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Going to email housing office and ask what are the guidelines regarding washing machines ect

 

There are six flats all have washing machines mine is the only problem apparently.

Edited by matt v atos

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liasing with the neighbour is a very good idea

 

it might also be an idea to ask for how long this had been going on too.

 

it might well be that its got worse or only started in recent weeks.

 

could indicate something is going unbalaced in the machine or its walked a bit or the bearings are on the way out

if its just ac ase of they've had it for 18mts and just decided to mention in fair enough

but if the noise has changed of recent, its worth an investigation

 

dx

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Probably not a bad idea. At least then you'll have it in writing as to whether you're breaking any rules.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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liasing with the neighbour is a very good idea

 

it might also be an idea to ask for how long this had been going on too.

 

it might well be that its got worse or only started in recent weeks.

 

could indicate something is going unbalaced in the machine or its walked a bit or the bearings are on the way out

if its just ac ase of they've had it for 18mts and just decided to mention in fair enough

but if the noise has changed of recent, its worth an investigation

 

dx

 

This info is in post #1

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I would go and speak to the neighbour and ask her if you put the washing machine on could you pop in to hear what the problem is during the day.

 

It may be a lot louder to neighbour but even if it doesn't seem that loud to you it clearly does to them at night and probably keeps her awake.

Your neighbour may well be a light sleeper.

Then you could try muffling the sound and see if what you come up with is acceptable.

 

I would guess that perhaps your neighbour was nervous about speaking direct, some people can get aggressive and take offence when spoken to.

It is easier to reach an amicable solution with your neighbour explaining why you use it at night, than going through a third party.

 

Once you have taken steps to reduce ' the noise' to an acceptable level.

Might be interesting what else your neighbour can hear below?

 

I had a friend who lived in a flat and one of the two residents sounded like an elephant thumping across the floor even though clearly it was without shoes.

Also we could hear them quite clearly just talking in a normal voice.

If there is insufficient sound proofing the council might have to do something about it but if it's just the machine then you might be able to solve that yourself.

 

Anyway you might just meet a very nice neighbour grateful for your genuine concern in trying to remedy their problem. It's no fun being kept awake at night.

If you ignore the problem, the council may put recording equipment in the flat below to monitor the noise nuisance and use as evidence for any action they decide to take.

 

So let them know you are in contact with the neighbour in an attempt to find an amicable solution for you both

and then let them know when you've how and when you managed to resolve the problem.

 

It may be useful to them as I'm sure this is likely to be a fairly common complaint in flats. Good luck.

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Thanks for your reply just think the noise level should have been checked first to confirm the tenant was right I would not have a problem with this.mad.gif

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I do understand your annoyance, Matt. Unfortunately, once they start getting equipment in to check the noise levels, the situation has already escalated and I'm sure that's something that the Housing Association (and you, really) would prefer to avoid.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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I do understand your annoyance, Matt. Unfortunately, once they start getting equipment in to check the noise levels, the situation has already escalated and I'm sure that's something that the Housing Association (and you, really) would prefer to avoid.

 

If you made a complaint one would not be suprised if your complaint was checked out first in case it was being exaggerated.

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If you made a complaint one would not be suprised if your complaint was checked out first in case it was being exaggerated.

 

Fair enough - as I say, I understand why you're annoyed. Lets see what the HA come up with - you should have a much clearer idea of where you stand when they reply.


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Fair enough - as I say, I understand why you're annoyed. Lets see what the HA come up with - you should have a much clearer idea of where you stand when they reply.

 

:wink:Good point Thanks

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