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    • 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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    • 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.
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Mr Rob V Barclays


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Here we go then, the ball is rolling. I've sent my first letter with the £10 that has since been returned with a letter saying they'll send me the statements free of charge. (ah bless)

 

After reading through the other treads I'm desperate to see what my total charges has been to date. Although I'm better with my money when i started my apprenticeship 7 years ago i was getting charged 3 times a month, thats £75 a month for years.. What is the largest charges total on here so far for a normal current account?

 

I'll be keeping you all up to date with progress.

 

Thank you all

 

ROB.

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This is just me being dumb but i'm a little confused.

Now after i've worked out the total charges i then just askfor that back off the bank. It's only when they say no or offer me a small part of it that i file a claim and then add the 8% intrest + charges.

 

I'm just confused as to why the prelim letter in the library has the space for intrest.

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I'm struggling with this spread sheet (complex-bank-charges-calc) as i'm not sure of what my overdraft limits were 5 years ago,if it was free the dates they changed and the intrest charged. I've decided to just go for the cumulative charges. This way i can make no mistakes and give them nothing to come back with. Does this seem reasonable?

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I have sent the prelim letter off but have just recieved an other £30 charge. Is it to late to amend the charges. Can i send an updated list of charges with the LBA?

 

Yes that is fine also you can add the charge on to your schedule of charges should your claim get to the court stage.

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  • 3 weeks later...

Hi Rob

 

The paper N1 method taken in by hand or posted to the local court is now the same cost as the MCOL version (I think it was less online when they started to get it going).

 

I filed my claims yesterday at court and paid by cheque over the counter - I think I saw a chip and pin machine there so I guess a credit/debit card might be useable - ring them up to check the numbers are all on the HMCS (Her Maj. Court Service) website.

 

My cheque was payable to "HM Court Service" if you decide to send it by post.

 

You send three copies and technically your supposed to include three copies of the defendants form/advice from the website as well - but I forgot and the court said not to worry since they always add that anyway.

 

It can take up to 5 days to issue the claim that way and so your schedule of charges attached to the "particulars of claim" on the N1 form will be out of date if you include them (since the 8% interest increases each day!) but the woman at the court told me to just send an updated set once I recieve my copy of the claim back with the right date on it.

 

Hope that helps

 

The Badger

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  • 4 weeks later...
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When filing for judgement it asks for a date when i would like the money to be paid. How long do i give then as i want the money ASAP..

 

 

When filing for judgement it asks for RATE of interest, is this 8% or the 0.00022...

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Don't they just make you want to scream? They leave it till the last minute every time don't they? Our judgment went through as Barclays must have forgotten we existed and didn't file a defence at all. Not counting our chickens just yet though, Barclays are pretty slimy and might still come up with some cock and bull story that gets them let off by the Court. Good luck to you, keep going, Mr Rob, you'll get there in the end.

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