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    • I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.   Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:   1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)   Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.   I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.   I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)   If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.          
    • ok good defence due by 4th oct by 4pm.   so no you wont have gotten an n180 yet...
    • The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180
    • Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX   I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.   3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.    Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….   Thanks G
    • forget the guarantee, totally worthless, no guarantee or warranty is even worth the paper it's written on.   under the consumer rights act 2015, bensons are quite correct that outside of 6mts, it is down to the consumer to get and pay for an independent report upon any issues. this cost will be refunded upon your win.   also under CRA a 'product' should last a consummate period of time, upto 6yrs typically or even beyond, one would expect a mattress to not to have issues after a mere 10mts.    
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Mortgage debt from Netherlands


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Hi

I have a claim form from a UK court for a mortgage debt incurred in the Netherlands in 2001.

I had a mortgage, lost my job and returned to the UK in 2003, defaulting on the debt.

The house was sold but had a shortfall, which with interest is now around £90.000.

I heard from a UK solicitor earlier this year and on checking, believed that the debt was statute barred and advised not to make any admission.

I now have a court order for the debt.

I am now retired with only a state pension and a small RAF pension, and minimum living expenses.

I can't afford a solicitor but can I get legal aid, and do I need to acknowledge this debt?

Any help/advice appreciated.

Thank you.

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You may qualify for legal aid. https://www.gov.uk/check-legal-aid

 

On the claim form, I believe there is a box to dispute jurisdiction and you can acknowledge the claim form, advising that you will defend in full. Your defence is that the debt was incurred in the Netherlands in 2001 and is subject to Netherlands Law. Therefore the debt is not within the jurisdiction of the the UK courts to hear such a case. The debt is subject to statute of limitations laws of the Netherlands.

 

But you need to have better legal advice from someone who is aware of Netherlands law. From I can see, some debts are not statute barred in the Netherlands for 20 years. You would need a Solicitor to discuss with you what actions this Dutch mortgage company had taken to date and how you should respond to the court claim in full.

We could do with some help from you.

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Thank you.

It appears I cannot get legal aid.

Unable as yet to find a solicitor with knowledge of Dutch law.

The mortgage was with a Dutch bank and they are using a solicitor from the UK, or is it possible the UK solicitor has purchased the debt?

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Thank you.

It appears I cannot get legal aid.

Unable as yet to find a solicitor with knowledge of Dutch law.

The mortgage was with a Dutch bank and they are using a solicitor from the UK, or is it possible the UK solicitor has purchased the debt?

 

If you need to find legal help for a problem that has arisen outside England and Wales, or that has a foreign dimension, you will require the services of a Registered Foreign or European Lawyer. To obtain details please contact the Solicitors Regulation Authority on 0870 606 2555.

 

Given the amount of this debt, I don't think you have much choice but to find a Solicitor that can handle this. You never know they may be willing to deal with it on a basis that would cap any costs to you.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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