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    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
    • Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
    • Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
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carter/lowells claimform - o2 debt***Claim Struck Out***


neil24103
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How far is the court from you? I would go along just in case and put in a wasted cost claim against Lowlifes. I would also take a complaint letter along listing the length of time this has taken and the grief and frustration it has caused you.

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if I win will they after remove it from my credit file ?

 

No......the debt stands...its only the claim that hopefully fails.

We could do with some help from you.

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claim struck out for breach 0f cpr 27 failing to comply with judges directions. no default/assignment none attendance asked if I had anything to say. I showed letter from carter judge said its a breach of court procedure rule 42.2 42.3 (thanks andy) judge was not impressed not been informed. donation on its way thank andy

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:wink: Thread title amended to reflect the outcome.

 

Well done neil.

 

Regards

 

Andy

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:whoo:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They cant increase the default, they could however adjust the outstanding balance but bear in mind that the information you see today is the information from the last month or so. Anything from today onwards should be reported by the next time its update.

Keep an eye on it but i'd be pursuing lowells to have the lot removed immediately after todays result.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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In your case as they havent even bothered to supply anything you can argue that that the default is erroneous and as they hold no paperwork, no contract to enforce, how can they justify retaining a default against you?

 

As dx points out, theres no legal remit for them to do so but it wouldnt stop me having a damn good go at getting everything pertaining to it removed by lowells, they have access to do it in seconds if they so wish.

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don't know if this matters but Lowell mark my file as the LENDER they are debt purchasers so one would wonder if they have a licence to state this on credit files. once I start something I see it out looks like im in for the long haul with Lowell to try and get them to remove it

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they have a CCL yes else they couldn't mark cra files.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Slightly different in that case as it was adjudged the agreement was irredeemably unenforceable.Neils never got to trial.

We could do with some help from you.

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