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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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Morning all after some advice as to what my daughters rights are regarding a privately rented flat that is suffering from extreme mould and damp, this has left the 2 bedrooms as uninhabitable and she is having to live in the living room. The property maintenance company originally said it was condensation but the letting agency sent around someone who confirmed it is caused by damp. She is now stuck in a property that she cannot use half of and paying full rent with £1000's of personal furniture and clothing ruined. Would it be worth with holding rent? who would we claim her personal belongings that have been destroyed? any advice would be gratefully received

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If the intention will be to make a claim, it wouldn't be sensible to withold rent.

 

There are new rules for tennants, I'm not sure if they refer to your daughters problems, but have a read, there might be something there.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?440-The-Consumer-Rights-Act-2015

 

Further help will be along soon.

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I second Conniff, do not withhold the rent money, under any circumstances

 

Instead contact (phone or visit) your local Council & ask to speak to the Housing Officers. Provide pictures of said damp etc & ask for them to help you get this situation sorted.

 

Its exactly what I've had to do in the past myself.

 

Good luck!


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If the intention will be to make a claim, it wouldn't be sensible to withold rent.

 

There are new rules for tennants, I'm not sure if they refer to your daughters problems, but have a read, there might be something there.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?440-The-Consumer-Rights-Act-2015

 

Further help will be along soon.

 

Not sure it's a good idea to withhold rent…

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Withholding rent means that the LL can begin after 8 weeks accelerated eviction procedures where the judge has little power than to agree to the eviction request.

 

That is why the people above correctly advise that rent should not be withheld.


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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"....paying full rent with £1000's of personal furniture and clothing ruined."

 

 

So no personal contents insurance then? Silly Billy!

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"....paying full rent with £1000's of personal furniture and clothing ruined."

 

 

So no personal contents insurance then? Silly Billy!

 

Well thanks for that useful comment, she actually does have insurance but they are refusing to pay on the grounds it has been caused by the property and is the responsibility of the Landlord

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Only if his insurer or an Ind Adj/Judge agrees. Unlikely LL will accepts liability £000's damage, unlikely.

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if LL not willing to move on this get a survey done and then send a bill for losses.

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Morning all after some advice as to what my daughters rights are regarding a privately rented flat that is suffering from extreme mould and damp, this has left the 2 bedrooms as uninhabitable and she is having to live in the living room. The property maintenance company originally said it was condensation but the letting agency sent around someone who confirmed it is caused by damp. She is now stuck in a property that she cannot use half of and paying full rent with £1000's of personal furniture and clothing ruined. Would it be worth with holding rent? who would we claim her personal belongings that have been destroyed? any advice would be gratefully received

 

You cannot lawfully withhold rent. But, if you were to go down the claims route you can claim a rent rebate for not having full use of the property. Also consequential losses re destroyed clothes etc.

 

Take photos of everything and start documenting.

 

Get environmental health to come and do a report they can force repairs.

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Thanks everyone for your help, I have written a letter to the letting agency and the environmental health and things seem to be moving they EH are coming to look at the property on Monday and the letting agency have stated that they are willing to release us from the lease as soon as we want with no penalties etc so now all I need to do is see if we can get any of the damaged belongings and furniture replaced, I don't hold out much hope but if you don't try then you don't get.

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Update

 

The EHO came around and agreed that the DPC had been compromised over an extended period of time and that it is no way my daughters fault and recommend the Land Lord release her from her tenancy agreement immediately and at no cost, they have subsequently agreed to this and have asked for a list with receipts for the damaged items so here is hoping. Once again thank you everyone for their assistance

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i had the same situation a while back and although the council got the damp and mould sorted by this means, my landlord then served notice on me so be aware they may also do the same to you.

 

I took out a complaint against the estate agent with the property ombudsman and they found the agent to be at fault in serveral areas and fined then £125...the ombudsman also stated that other areas where the responsibility of the landlord so i sent a letter to the landlord stating what the ombudsman had said and eventually got £325 back from them too. so once the eh have been and said there is a problem you may want to start the formal complaint with the obudsman and get some money back.

 

do you not have contents insurance that would pay for the damaged stuff, and possible legal aid with that?

 

So follow the correct procedures, se

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