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    • Whoops........... I think I might have missed that bit off 😆   Here it is in its entire form:   1.    The defendant opened a studio regulated consumer credit account under reference ********* on 30th November 2011. 2.    In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated.  3.    The agreement was later assigned to the claimant on 25th September 2015 and written notice given to the Defendant. 4.    Despite repeated requests for payment, the sum of £716.38 remains due and outstanding.  And the Claimant claims; a) the said sum of £716.38; b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £57.31; c) costs.     Defence   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.   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.   Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant.   Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1.   I am unaware of any legal assignment or Notice of Assignment allegedly served 25th September 2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974.   On the 30th September 2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance.   On the 7th October 2019 Lowell provided a photocopy of an agreement and statement.  They confirmed that they have requested a copy of the Default Notice from the original creditor and this will be sent to me upon receipt.  To date, 23rd October 2019, I still await their compliance.   It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/balance/breach requested by CPR 31. 14 and sec 78 CCA1974 and therefore the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement with the Claimant; and b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974 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;   As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. If there is anything that needs amending or changing please let me know. The debt becomes SB on the 23rd Nov, so if I can drag it out to then I am guessing that there is nothing they can do?
    • Hi thanks all off you for your help.   I'm having rest now.
    • I haven't sent my N180 paperwork back to the Court yet (due next week) but Idem have sent me a copy of theirs.   They have ticked 'no' to mediation and have informed me that they're requesting a hold on proceedings for a month so that they can attempt settlement. 
    • just to update, i have received a letter this morning from Arrow Global-   We thank you for your letter and acknowledge your request for documentation pursuant of the consumer credit act 1974. We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested.We will now process your request for documentation from the creditor and will respond in due course. We confirm that all collection activity will be suspended pending provision of the documents.   So i assume Arrow have not bought the debt and are collecting for either another DCA or indeed the origianol creditor in this case would be Marks & Spencer. not sure to as if this is good news that they have not produced it or bad news they may be going back to M&S,Can anyone chuck some light on it for me   Many Thanks to all
    • Hello. I'm asking a question regarding paying a PPI company. I won't name names, unless anyone thinks it's relevant. My partner made a claim to a PPI company a few weeks before the deadline. He received a letter from Lloyds asking for authority for them to act, which he supplied. A couple of weeks later, rather unexpectedly, he had a letter from Lloyds with an offer, which he accepted. He's now received the payment. In all of this time, he had nothing from the PPI company apart from the odd text, asking him to keep them informed if he heard anything. He scanned the letter with the offer from Lloyds and emailed it to them as requested, expecting them to invoice him, he has no intention of not paying, even though they seem to have done next to nothing. This week, he receive 2 letters from them containing 3 forms in total, for him to complete, checking his details as Lloyds told them there was an error. I've advised him to ignore the form, since he's been paid & is just waiting for them to claim the money from him, and if they're so inefficient, that they ignore emails virtually offering them money, they might forget about it altogether! Is this the right course of action? He's concerned they'll take him to court for not paying, but I don't see how they can, when they've never even asked for any. Any advice greatly appreciated.  
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Issue over inheritance

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Hi all, my mother died recently and left her house to my brother and I. He lives in the house.

The estate is awaiting probate but the will was not specific regarding the house - it said that the house was to be left to both of us but my brother could live in it.

Now probate are questioning whether mum had capacity but I am concerned about how we resolve the inheritance issue.

I would like him to buy me out but he says he will not, nor will he sell or allow me to move in so I can rent my property out. He wants to live there for nothing.

We are both executors.

I don't want to fall out with him but do need the capital.

Any ideas?


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If the Will states he can live in the house, just because it was left to both of you doesn't mean that you can force a

It depends on the actual wording of the Will. Why is probate questioning capacity?

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For example, my sister and I have been left a house but the Will states that another family member can live in the house but is responsible for maintenance/bills etc. We will only receive our inheritance when this family dies or moves out.

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Probate want to interview the witnesses, perhaps because the will was written in hospital not long before mum died. The witnesses were hospital staff and there was no attestation clause. Mum had a brain tumour and raised intracranial pressure and was on high dose steroids at the time.

 

There is no mention of who is responsible for maintenance etc, no time frames, no trust set up or anything. And mum had told me that I would be getting half the house. I currently pay a large mortgage and am struggling.


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I see. In my example, the Will was professionally drawn up and in trust. The problem is that as the issue of capacity has been raised this could drag on for a long time. Plus if your brother has been living in the house for a number of years he could argue that he's entitled to more than half as he's paid for maintenance etc during that time.

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This was an amateur will unfortunately. My brother has lived there for years....never left home, but has not paid for maintenance etc, just weekly board. He has been spoilt really, never had to live in the real world and pay his way, now he seems to think he is entitled to free lodgings indefinitely and is grumbling about having to pay the bills!


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Unfortunately amateur Wills can he valid. Look at this way, you argue you were promised half the house, he argues he was promised half the house and will be allowed to live in the house as long as he wanted. As he has always lived there his argument is plausable. Plus if he continues to live there and you try to argue your entitled to rent for you half, he could argue that he wants you to pay for half the maintenance and council tax. You have also to factor in solicitors fees to deal with the dispute.

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Blooming nightmare! Not sure of the best way forward?


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When you say probate is questioning capacity, who to you mean? The solicitors acting on your behalf?

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We have not instructed solicitors, as executor I have applied for probate, no inheritence tax due so should have been fairly straightforward. However they have written back asking for contact details of the witnesses as they want to interview them.


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I'd refer them to your mums hospital consultant, he/she should be able to confirm capacity. If the Will is deemed valid and he wont move, you may have no choice but to instruct a solicitor. If the Will is not valid and their isn't an earlier Will you could have the same problem if he argues he contributed to the house over the years and again you will nerd a solicitor.

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Why don't you look for a probate solicitor who advertises an initial free consultation with no obligation to instruct them

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I have suggested probate contact the hospital. I have checked, the earlier document is not a will just a letter and not witnessed. So it will come down to the validity of this will and interpretation of the wording :/ I can't really afford a solicitor and have successfully been to small claims/county court on a number of matters over the years so was hoping I could do it myself should it prove necessary. But my brother is adamant that he will not move/buy me out/ pay me rent on 50% or let me move in....


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It still could be considered to be valid and contesting a Will is not easy, after all it was your mums property and it was her right to expect her wishes to be followed. Probate are only questioning capacity, not that this letter is not a Will. This is not something small claims court would deal with. Probate is a very specialist area you would need a solicitor. Don't forget if you lost you would have to pay all the other sides costs which would be high. I strongly suggest you get a free consultation, explain the situation and show them the letter.

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Have a look at http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/wills.htm#h_requirements_for_a_valid_will.

 

If the will meets these requirements and is valid, then the question becomes interpreting what it means. It sounds like the document is quite clear that he is allowed to live in the property, so I don 't think you'd be able to force a sale. I don't see why you wouldn't be able to live there though.

 

I agree that for something like this it is worth a short consultation with a solicitor. The amount in dispute is presumably above 10k so this would not be treated as a small claim.

 

If you have an urgent need for capital, perhaps you could use an equity release product? These can have fairly high interest rates but might unlock some of the equity.


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I agree. If valid and it doesn't exclude you living in it, I can't see that he can stop you as your name will be registered along with your brother as owners. For equity release you would probably need your brothers permission and I doubt he would agree. Go get a free consultation.

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I guess I will have to get some legal advice then :/


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