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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Vivi

Drugs homelessness ipolice

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I have been living with an unemployed man for two years. He is in receipt of no benefits and I work paying all the bills etc. Because he has no income he started to grow drugs in the house and I believe he may be selling outside of the property. We are in social housing property and I am not on the rent book. He has promised to put me on and then withdraws his offer as a way of controling me. The police have come on a number of ocassions for domestic violence reasons. I have told him that I dont want this to continue and he blackmails me saying if I inform the police or housing we will both be out, I will be homeless because I am not on the rentbook. He said he will deny everything and say it is me growing the drugs. Three days ago it came to a head and I set out to the police station to make a statement in the early hours. I fell downstairs and broke my leg and am now at his 'mercy'. I want to do the right thing and report him but I am scared of being out on the streets. I pay all my bills on time will the housing look on me favourably under these circumsances and just remove him pending a police prosecution?

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Hi Vivi

 

I am so sorry for the situation you find yourself in at present I am sure the caggers will be along to give you their wisdom so please be patient.

 

Now you say you have been at the property for 2yrs is the housing association aware of this, do you have anything at all in writing?

 

I know it isn't easy especially with your leg at the moment but do you have any friends, family that you may be able to stay with at the moment.

 

You also mention the police have been involved on occasion but have you ever spoken with their actual Domestic Violence Unit, have a look on the web for your local force and contacts details should be their.

 

This link to womens aid has some information that may be of help:

 

http://www.womensaid.org.uk/default.asp

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi, the housing association are aware of my occuapancy and I have proof of time in the property as I have records of payment of rent. He recently asked for a form from the housing to put my name on the tenancy and all they requested was proof on utility bills with my name and this address from a year ago. Needless to say he has now refused for me to go on the tenancy. I have a number of incident numbers for DV with the police and have spoken to womens aid on two ocassions. what I really need to know is where I/we stand re going to the police, will I loose the roof over my head? everything I own is in this house.

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By the way I have no family alive, the police have asked me this in the past. so theres no one I can go to.

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Hi

 

Now the records of payment of rent could you please clarify i.e your own account, bank statements, receipts from HA or letter stating your payment in your name to that account?

 

Were the Housing Officer aware you were resident in the property and did they ever visit after the incidents?

 

were you also paying council tax?

Edited by stu007

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Please Donate button to the Consumer Action Group

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Clarification of my bank account, statements are not a problem. Reciepts from HA re rent payment are via internet - acknowledgements of payment recieved. Housing officers have never attended as I have never informed them of DV incidents or other. In fact he has phoned the housing organisation asking if he can remove me from the property (I feel he does this to unsettle me). They have none of this info and they have said yes (obviously).

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Viv,

 

Have a word with Shelter. http://england.shelter.org.uk/get_advice

 

IMHO, I think you are putting yourself in a very vulnerable position. Not just because of the violence but also as an accessory to the drugs.

 

I see you have already been given a link to Womens Aid. I think you need to make contact with either group as soon as you can. Only you can make choices about your future.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Viv,

 

Have a word with Shelter. http://england.shelter.org.uk/get_advice

 

IMHO, I think you are putting yourself in a very vulnerable position. Not just because of the violence but also as an accessory to the drugs.

 

I see you have already been given a link to Womens Aid. I think you need to make contact with either group as soon as you can. Only you can make choices about your future.

 

I thank you and others for the time and advice given to me, thank you!

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I thank you and others for the time and advice given to me, thank you!

 

No-one wants to see you or anyone else in this situation but you are the only one who can do something about it. I'm sure it's all easier said than done but it's down to you to actually do something about it. We're all here to help you through it so please please please look at your options and get yourself out of it.

 

It won't be easy but I hope that with support you can do it. Don't allow yourself to be treated this way.


 

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Vivi

 

Thought Id pop in to see how things are going.


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Vivi, go and see (or telephone cos of your leg) the housing officer. There are rules in social housing tenancy agreements about use of domestic violence. You are a vulnerable person right now, re the violence and your leg. You will likely find they are duty bound to assist you. There is a good trail of evidence with the police about the violence, but lord only knows what you are going to do about those plants. I think you'd better fess up to it. After all, with your leg in plaster, and being immobile, how on earth are you supposed to be taking a hand in it?

 

I clearly recall a colleagues case some years ago, man and woman, no children, one bed flat. He was the tenant, she was not not. He beat her black and blue regularly. When she found the courage to admit what was going on to my colleague, all hell let loose. I cannot recall, after all these years, which legislation was used, but it ended up with him out of the property, by court order, and the council giving her the tenancy. They weren't married, I suspect an injunction was gained first, by the council, with assistance and evidence from the police, .and then possession would have been gained by breach of tenancy agreement, re the violence. The judge will either have ordered a straight transfer of tenancy to the female, or the council granted it to her after the event. So don;t give up hope.

 

Good luck. X

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I'm very sorry to hear your situation and hope that you get sorted. No person deserves to be homeless and there are plenty of people out there who are willing to help you. Do not be bullied by this person and if you feel that they are doing something wrong then you need to report them to the police as you may be in trouble if they find drugs in the house.

 

The police will also be able to offer you advice and also the citizens advice. Please don't think you are alone in this and i hope you get sorted soon. :)

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