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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     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.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  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.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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TheAuth0r V NATWEST PART TWO!


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Well originally things were going well and I thought that my case was won, but due to my own faults my case is still ongoing and has not been settled....

 

My previous post can be found HERE!!!!

 

Below is an overview of my case.....

 

I requested 6 years of statement from the bank on 27/04/2006

After going through my statements and calculating my charges over the last 6 years I sent a prelim letter to the bank requesting £2,460.00

The deadline for their response to my letter was 21/05/2006

They acknowledged my letter on 13/05/2006 and offered a “Goodwill Gesture” of £245.00

Then on the 22/05/2006 I sent the LBA

Natwest acknowledged it on 31/05/2006

I filed the Money claim on 06/06/2006 giving Natwest 28 days to file a defence for the case.

After the 28 days I was ‘supposed to submit a Judgment by Default as Natwest had NOT filed a defence to the case in this time period….

 

BUT…

 

On the Money Claim site I selected “Judgment by Admission” in stead of “Judgment by Default”

So in order to resolve my error I had to get the judgment set aside by the judge (costing £35.00)

 

I contacted MCOL about 3 weeks ago trying to find out what was going on and was told that there had been an error and the judge had not set the judgment aside as he thought I was the defendant!!!

 

Finally the judgment was set aside and I have received some forms through today from Money Claim online including…

 

1) An allocation questionnaire

This needs to be completed and returned (also an additional fee of £100 because the claim is for more than £1,500)

2) A defence from the bank.

3) information advising that the case was transferred to my local county court

 

ARRRRRRRRRRRRGGGGGGHHHH!!!!

:x

NatWest - £3750 - Settled

HSBC - £1100 - Settled

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A brief update on my never ending case......

 

I received my AQ along with the Cobbetts defence CPR 18 a week or two ago, and have a deadline for submitting the AQ by 07/11/2006

 

I contacted Cardiff County Court today to check on the progression of my case & was informed that yesterday 30/10/2006 the Judge has set a hearing for the 21st of December, and that all documentation is in the post...

 

The person at the court that I spoke to advised that I do not need to fill in the AQ because the judge has already set a date for my hearing......

 

 

10:30AM 21st December 2006 ....... Judgment Day!! :eek:

 

 

On side note I just want to express my thanks to jannercobbler who is helping me with my case!!!

TOP MAN!! :smile:

NatWest - £3750 - Settled

HSBC - £1100 - Settled

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Received my letter from the court today.....

 

Upon the Courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order you must make application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

  • Directions will be given in this case by the designated Civil Judge, on 21st December 2006 at Cardiff Civil Justice Centre
  • The parties may appear in person or make a written representation as to how the case should proceed provided a copy of the representations is sent to the court and other side at least 7 working days prior to the hearing.

NatWest - £3750 - Settled

HSBC - £1100 - Settled

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Great stuff - looks like you're on the last lap.

 

Just make sure all your paperwork and details are in order in plenty of time.....;)

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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  • 2 weeks later...

Spoke to Cardiff Court today who advised that there are 40-50 other hearings on the same day as mine :o

21st December ......

Looks like 21st December is going to be a bad day for the banks!!! :p

NatWest - £3750 - Settled

HSBC - £1100 - Settled

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I've heard that they are overloading the days with hearings as the court is pretty confident that any cases involving claims against banks wont actually get that far!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Guest Scarletrose

lets hope thats true i for one would hate for it to get that far? how far are u along deller?

i hope you get your chq soon THEAuthOr

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Morning Scarletrose,

 

I'm at quite an advanced stage...I think!! Cobbetts have filed their defence (right at the last minute) and I've returned my AQ, I didn't receive a cpr18 though, which rather suprised me as most people seem to be getting these at the moment. I have had a bit of confusion though regarding my AQ as after returning the form to Bristol County Court I received a second one, with a different deadline date too, (they obviously can't cope with the ammount of claims being thrown at them. Anyway I phoned the court and think I've managed to sort it out so just waiting for Cobbetts to return their AQ now.....probably last minute.....again!!

 

Will keep you posted in my thread if interested!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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  • 2 weeks later...

OK so here’s my latest update......

 

This has been going on since APRIL (7months!!!!), and I will honestly say that I sometimes regret starting this claim; it’s caused me nothing but sleepless nights and stress!!! :sad::evil:

But I would like to thank all the people who have helped along the way….:-)

 

So anyway.. Here is the update....

 

On the 02/11/2006 i submitted my AQ along with an application for amendment requesting the contractual interest; this would take my initial claim from £2600 up to about £4800!!

 

I have been trying to contact the courts for the last week or two to check if my application had been accepted but the only response I ever got was... "Your case is still with the Judge and hasn’t been sent back down to our department.... blah blah blah. This is due to the high volume of cases that have been brought to our attention....."

 

Today when I rang, I was told that my case has been referred to the Circuit Judge, now with a brief Google search I find that a Circuit Judge is a Senior Judge......

 

 

Is this a "normal" thing for cases to be referred to a circuit judge or am I just one of the lucky individuals???

 

Now I am a little confused (again) as my understanding is that when u submit an appliaction they would either say "yes" or "no" plain and simple, but from what the court said, the claim is with the circut judge to get the case 'listed' again on the same day as my hearing (21/12/2006) ?????

 

 

 

PS...

 

 

Yes I’m bricking it now!! , the sooner this is over the better.......

Can't wait to get a peaceful night sleep!!!!!!!!!!!

__________________

NatWest - £2460

NatWest - Prelim letter - 07/05/06

NatWest - LBA - 22/05/06

NatWest - MCOL - 06/06/06

NatWest - Contractual Interest added - £4,935.24, AQ & CPR 18 response - 02/11/06

NatWest - Court Date - 21/12/06

 

HSBC - £1100

HSBC - Prelim letter - 10/10/06

HSBC - LBA - 29/10/06

HSBC - Full amount offered - 08/11/06

NatWest - £3750 - Settled

HSBC - £1100 - Settled

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Hi

A circuit judge is not much different from a County Court judge, I was advised at the weekend by a barrister friend. He should know - he

does criminal defence. He even defends guilty people.

 

I digress.

 

I suspect - but don't take this as gospel - that the 'listing' bit will be consequent from the 'directions' - i.e., the case will be re-listed immediately after the directions hearing.

 

I don't think bricking it is necessary unless you haven't heard from Cobbetts or whoever and there's only a week or so to go. If that's the case, you'd better be prepared to go to the court. Any idea what NW may be objecting to?

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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