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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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


nagumos
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Hi there,

 

I have just sent my bank a DPA last week, so far I have received nothing off them regarding my letter. Although I did recieve a letter off them this morning imforming me that they are to charge me £28.00 for going £2.00 over my overdraft limit. Day light robbery, they should be wearing masks!!

Will keep you posted as this is NOW WAR

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Hi Nagumos

click on the main Consumer Action Group title, scroll down to templates in green. Select Bank templates. DPA template is in there.

BUT dont download and send off until you are more familiar with the workings of the site. eg FAQs Forum rules, other peoples threads etc etc etc.

It is simple but you need to get used to the site layout to get up to speed properly.

 

Good luck and welcome

Kate:)

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Sorry Cheddar...:)

 

 

MODERATED 3 threads merged , please keep to your original thread when updating , thanks .

( not sure where this particular post was meant to be as it was in this forum in its own thread )

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Hi there.

 

Ok so far no word from NW although they have banked my CHQ, so at least I know they have received my DPA.

My partner sent his out at the same time as me to HSBC, last week he received a letter informing him that they would not bank his CHQ as a goodwill gesture and he is to receive his statements very soon.

Looks like NW are digging there heels in!!!:o

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Hi..

 

Do you included the interest on your statements or just the charges????:shock:

 

MODERATED AGAIN: Please stick to your own thread instead of hijacking others.

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Hi, just recieved my statements, added up that they owe me just over 2k, but that is not with any interest that was charged to my account, as I am not sure about the interest.

Where do I go from here?? I cant find the spreadsheet that does all the calculations for you, I have done my own on the computer.

Sorry for being so confused but exactly what letter do i send with these calculations and do I have to have them all in date order and titled?

Help !!!:confused:

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http://www.consumeractiongroup.co.uk/forum/general/6964-spreadsheet-interest.html?highlight=vampiress

 

 

Hi take a look at this thread. Spreadsheet on here too.

 

I can't help you with your qauestion because I have the same questions too!!

 

If you get advice before me please let me know.

 

thanks

.

.

.

Sign the Phil Whitmore petition: http://petitions.pm.gov.uk/PAYUSBACK/ :)

 

 

Abbey Current Account claim for charges £1307.11

 

26/01/07 Awaiting court date

25/01/07 Courts lost my file!! Said it will be sorted soon

23/11/06 Defence recieved from Abbey

20/11/06 Statements a full 6 years received

16/11/06 AQ completed & submitted

30/11/06 Claim number 6SQ06250 recieved from courts

24/10/06 Claim submitted to courts x3 copies

21/08/06 Prelim letter asking for it back, sent to Pam Speed. 14 days up 05/09/06.

21/08/06 Data Protection Act non compliance letter sent. 7 days up 29/08/06

11/07/06 Reply to Pam Speed Data Protection Act fob off letter.

10/07/06 Data Protection Act fob off letter received from Abbey. dated 06/07/06.

29/06/06 Data Protection Act statement request sent

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  • 1 month later...

Hi..

 

I have just received a letter from Stuart Higley informing me that "Having reviewed your account, I can find no instance where charges have been applied when they are not properly due. They have all been associated with a lack of covering funds in the account at the time items were presented for payment"

Is this the standard P### off letter?? Has anyone else had this paragraph in their letter??:?:

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Yeh thats the standard sod off letter he sends out, well i mean the computer sends out. I had mine this Tues and have send in my LBA so hoping to hear the next sod off soon.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hi, Just got another letter off Sstuart higley informing me that "There is little that i can add constructively to my last letter and note your proposed action. i hav ealerted our lawyers and litigation department accordingly"

Has anyone else had this letter???

I hope its just the standard letter...:-|

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Hi Guys

What!!!!!! I got the same letter from the same guy yesterday. This Stuart Higley must be a very busy man. I wonder what he did before all this re unlawful bank charges came to the surface. Oh By the way, it came on the same day as a letter from Capital one informing me that they were going to reduce the penalty charge by half form the 31st of august thats a bit like a bank robber saying that he will only take half the loot in future. has anyone else had such a letter

 

Keep it up

Cally

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Thanks evryone, at least we are all more or less getting the same letter, Im just about to start my money claim. Wierd though, some people get offered some of there money before now. Not that I would take it anyway:)

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  • 2 weeks later...

Hi everyone

 

Just about to start my moneyclaim, really confused as to the wording I put in, any advice anyone? Much appreciated. I have just checked my online account a minute ago and have found that they have taken off me this morning £90. It leaves me nothing to live on for the rest of the week, how can banks justify this behaviour??:(

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Thanks, i have looked in to it today, just need to get my head round it and wait until I have the relevant funds to pay for it, thats if snatchwest dont take it off me. This site is fab, once this is all over I will certainly be donated 5% of what Im owed.:D

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Hi Everyone, Natwest have just taken nearly £100 last week out of my account, charges, card misuse etc, I rang them this morning asking them what was going on. Basically they told me that I did not have sufficient funds in my account to pay D/D so they charges me £38 and £35 for the priviledge. Arhh I am so angry, what I have done is opened another account and as of today I am getting my wages paid into that account, how long does it take to change D/D? Has anyone else done this? I am in my overdraft now as we speak, can the bank demeand that I pay in all back immediately????

Any advise would be great:grin:

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If the same D/D is presented twice and you are without sufficient funds on both occasions ~ then the bank will automatically cancel your D/D. If you then subsequently wish to establish a new D/D with the same supplier, they will make you wait 90 days before they will accept a new D/D instruction.

 

If you have insufficient funds in your account and you know a D/D is on its way, suggest it is better for you to cancel the D/D.

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