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    • UPDATE : 11th november Dyson carried out their work at the back of the building. It blew in through a hole in the kitchen behind the cabinets. it was so bad we ran out of the flat coughing and gagging. We told them and they hoovered it up and advised us to wait in a room while they finished up. There was still dust in the air and the surfaces. We were left with a lot of cleaning to do in the kitchen and in the hallway again where it blew into. One of the Dyson blokes came back removed the duct tape we applied and sealed only the worst part of the damaged window frames but left the rest. On removing the duct tape the paint came off residue from the tape has been left all around our windows. I emailed Town and Country on 10/11/2020 giving them 14 days. We have received a response from them on 12/11/2020 acknowledging receipt and saying they are looking into it, but have not heard anything since.    I also had to take an impromptu day off work on 11//11/2020 because of this, and it has come out of my holiday allowance.   Could you please help us as to what the next step to take would be?    Thank you for your time 
    • Name of the Claimant ? shell energy   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. cant find the very first letter from teh courts, i responded to money claim online with my deffense, due to disabilitys i have forgot the password to log back in, and cant find the claim pack that containt the original passwords to first log in   i know that i had the claim transfered to my local court, court letter was 24th novemember - notice of allocation to the small claoms track (hearing)   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. energy debt   What is the total value of the claim? £650   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? no   When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ? no   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? no   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. not the originial creditor, shell energy took over the company that i allededly owe the money to, think it was 1st utility   Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure   Did you receive a Default Notice from the original creditor? not sure   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? not sure   Why did you cease payments? not sure   What was the date of your last payment? not sure   Was there a dispute with the original creditor that remains unresolved? yes - the legalality of the dead lock letter   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
    • I think maybe this whole business of right to reject needs to be clarified. The basic law is that if there is a defect which means that the car is not a satisfactory quality – then that is a breach of contract. However, there are two kinds of breach. There is what they call a "breach of warranty" and a "breach of condition". The important difference is that a breach of warranty does not deprive the innocent party of substantially the entire benefit of the contract. On the other hand, a breach of condition certainly does. In other words the whole purpose of the contract to the innocent party has been completely lost. Where there is a breach of condition – in other words the innocent party has been deprived of the entire benefit of the contract, then there is no other remedy other than to repudiate the contract and to ask for a refund plus any ancillary expenses. Where there is a breach of warranty, this is a breach of contract which can be addressed by repairs or by some money compensation – but it would not terminate the contract. So your rights when there is a breach condition are to terminate the contract immediately – to reject it. This right is available to you from the beginning of the contract and continuing for quite a substantial period of time – depending on what the contract is for and what the defect actually is. With a breach of warranty – a breach of the minor term – a minor defect – there is no right to treat the contract is terminated. The defect can be addressed by repairs. That's the basic law of contract. The Consumer Rights Act added certain clarifications and certain remedies on top. So that in the first six months, even a breach of warranty – a relatively minor defect – can confer a right to terminate the contract – if the right is properly asserted – and if an opportunity to repair the defect has been given and the repair has failed. However, if the purchaser is faced with a substantial breach which has effectively deprive them of the entire benefit of the contract, then they are entitled to treat the contract is terminated at any time and it has nothing to do with the consumer rights act. In this particular case, from the sounds of it, this breach has been substantial and especially happening so early on in the contract, in my view, can be said to have deprived the purchaser of substantially the whole benefit of the contract. Therefore to my mind, this is a breach of condition and it is possible to say that the dealer, by their breach have terminated the contract and it is up to the purchaser to accept the termination and to demand a refund plus ancillary losses. So, the 30 days and then six months right to reject are really only useful where the breach is a relatively minor defect which is not destroy the purpose of the contract and which can be addressed simply by repairs. In the case of a breach of condition – a substantial defect, and frankly the consumer rights act adds nothing to the existing common law of contract. There is a right to terminate the contract at any time – although of course the longer the car runs well before the gearbox breaks down, the more it is possible to say that the purchaser did enjoy the benefit of the contract. This I don't know if this is all too convoluted – but I'm trying to explain the basic legal principles involved. Of course it will be helpful to have the benefit of the consumer rights act – but it's not too important if we are prepared to argue that this is a breach of condition which has robbed the purchaser of the benefit of the contract. Of course it's up to the purchaser. The purchaser has the option of treating this as a breach of condition and therefore the contract is terminated, but the purchaser has the option of treating the breach as a breach of warranty and simply claim damages. Treating a substantially broken down vehicle is a breach of warranty is more likely to happen, for instance, where the vehicle involved is a rare collector's vehicle and in which case it would probably not be possible for the innocent purchaser to find another one. In that case the purchaser would probably prefer to treat it as a breach of warranty and to claim for damages in order to put the defect right.  
    • please complete this:   You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group
    • Hi DX,   I checked on the website and nothing comes up in regards to the planning permission for the parking.    What should I be doing at this point in time?    Thanks
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worried being evicted on 30th january


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Hi, it is definitely GE money who is the Claimant. Are you OK with editing the statement ?

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You don't need to put represented by simply law, just GE Money

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Hi, did you ask at the court if there were any duty legal advisors there on the 29th ?

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Don't listen to GE, in fact unless they are going to withdraw the eviction notice don't talk to them at all ! The decision about what happens in the hearing is not theirs, no matter what they tell you! it's the judge's decision.

 

The hearing will be held in a room with just the judge, you and rep for GE - it is usually held around a table, much like a meeting, nothing like the courtroom scenes you see on TV. You will find that the judge will know you are nervous and they are usually very good at helping you along. The hearing will only take 5 - 10 minutes. If there are any duty legal advisors at court ask if yu can speak to them, they can accompany you into the hearing and support your case.

 

Did you get an appointment with the doctor to get a letter done ?

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That's ok, it all helps :)

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Excellent - do they have anyone who could go to court with you for support ?

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What about asking at the local housing authority ? (who wrote the letter), they sometimes have advisors that can go to court

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What part of the country are you in ?

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I have sent you a private message

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Hi, what time is your hearing ?

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I'm sending you a pm

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I submitted the doctors letter,domestic abuse and council letter to the court yesterday and shelter have emailed a supporting letter to court today. I am absolutely terrified of the hearing tomorrow, is there anything else I can do to add to my case . School are giving me a supporting letter but it won't be ready till morning.

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Please try to stay positive - you have a lot of supporting documents for the judge to consider. Make sure you approach the duty solicitor when you get to the court.

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