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    • issuance of a claimform pauses the sb clock.   surely you cant say they are in default of your sec 78 as they have complied, better to say they have not fully complied.   the DN is NOT covered by a CCa request.   ive removed your earlier upload as crossing thru with a felt pen dos not obscure your details and  your name is clearly visible as well.        
    • 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
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Casper's Ghost

My Dad is being evicted from his council run bungalow for false claims

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The letter said he has a lodger(he has never had one) he uses the house for immoral purposes which is really wrong as only we, his family visit him.

The council has also been looking through his windows snooping. He is 64 and has heart problems.

He goes to court in January but he's done nothing wrong.

This is not the first time someome has reported him, last year someone reported him for his hedge.

 

As soon as he came out of hospital after his operation he was reported for the hedge and the grass being too long. Well he couldn't walk without losing his breath, he has COPD and arthritius.

 

He's being reported for

 

*His house being untidy

*His garden being untidy(he doesn't have the money for a lawnmower, yet the council will mow the lawn for someone with a family in the same street.

*Using his house for immoral purposes

*Having a lodger

*A washing machine in the front garden which was gone in January

*And dog mess near his front garden, he hasn't had a dog since about November when his dog died.

 

Would CAB help him?

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His local councillor would be a better bet than cab tbh


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You might also want to investigate whether he is entitled to some care at home as well.

 

Can the family not help with odd jobs in the garden ?


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I am assuming he does not have a starter tenancy .

 

I will be honest, some tenancies have clauses in them that require the house to be kept in good decorative order and tidy . The same goes for the garden --and I am afraid you can not just claim that because the council mow the grass for one person they must do it for another. I also suspect they might say if he can afford to run a car he can afford a mower. Just an observation.

 

Subletting is also against the tenancy agreement but how many bedrooms does he have. There is a difference between someone staying there to help him and someone paying rent. If he is on benefits including single person occupancy it opens up a whole new problem.

 

Complaints are logged and I guess when they reach critical mass the process is started. I assume he has warning letters. I am sorry his dog died but it is only December now so a complaint about dog mess could just be filtering through.

 

CAB and his counsellor are the best bet, maybe shelter as well


Any opinion I give is from personal experience .

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It's a 2 bed bungalow but he's never used his spare room, only for storing his fidge freezer as the kitchen is too small and odds and ends. He has asked the council if they will help with his garden but they refused. He has never had a lodger, no one stays over. We visit his house once a day and leave 5 minutes later as he spends most of his time round our's.

We have no room for him neither as he has always slept on the sofa.

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That sofa must get really crowded.

 

Wouldn't a one bed be better so as no bedroom tax etc. If he is ill he could say he can't manage a two bed .

 

Try the advice suggested and come back


Any opinion I give is from personal experience .

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There is no bedroom tax as he retiired years ago. They also mentioned (my dad just called) that everytime he left the house he breached his tenancy. And that they ordered him to get rid of his unruly dog. Which they didn't, that was his decision as he was too strong for him and he was destroying the house. It sounds like they want him there all the time.

My parents are divorcing so it's weird that he has to move back when there isn't any room, right now we are over crowded and I have been bidding for a flat since I was 18, I'n nearly 29.

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Casper

Please, rather than tiring yourself up in knots as normal please take the advice.

He is 64 so when he retired is irrelevant it is state retirement age that counts

 

If your parents are divorcing he will not have to move back

 

Did the dog die or was it put down, it put down why not rehoused and yes I am being judgemental.

 

Didn't you have a flat before?


Any opinion I give is from personal experience .

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So what paperwork have you got with regards to the eviction...what stage is it at?

 

Andy


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I think we need to clarify a few things first:

 

1. Is he in Sheltered Accommodation Bungalow or a Normal Bungalow?

2. What type of Tenancy Agreement does he have?

3. When did this Tenancy Agreement Start?

4. Were each of the issues they have been reported for (In your post#1) been resolved to the Housings Satisfaction?

5. During the issues above were they warned that their Tenancy was at risk or issued with a Warning?

6. Is this Letter the first notice they have received about Eviction?

7. Can you post a redacted copy of the Letter? (See the link below on how to do this)

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Yes I did have a flat before but it was freezing and the door stuck so I couldn't get out, plus I was evicted and am glad I am back home.

He's not in sheltered accomadation, the female was put down and the male was rehomed. She was ill.

 

I will have to ask for the rest later as he's not here.

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Hi

 

It would be of great help if you could you answer the questions in post#10 as they are laid out as this will get you better advice


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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all of these accusations come from somewhere and the council have sent someone round and had a peep through the curtains and decided that there must be some mileage to them because the grass IS long or they saw a fridge in the front room. That isnt enought o get someone evicted so instead of tellingus baout your problems with your benefits stick to the task in hand and tell us what paperwork has been received and when .

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1* He is not in sheltered accomadation.

2* Secure tenancy agreement

3* He's always been a secure tenant but for this bungalow it started 2 yrs ago.

4* Yes, the puppies and the male dog. (I never mentioed the puppies on my first post because I thought it was irrelevent. He sold them and never wanted one but they told him to sell them.

5* Yes

6* Yes

7* Can't set up scanner right now-been put up for christmas but I do have the letter here.

Oh and the

Dated the 15th of Dec.

 

The reason's for the eviction....

1 A complaint was received about your front garden and hedges. A tenancy advisor attended your property on the 22 July 2014 and noted that it was overgrown and the grass was untidy. You agreed to remedy this breach within 2 week.s (That was when he came out of the hospital and I was there to help him with his hedges and I even bought the shears for the hedge, he later bought an electric one)

 

2. On 31 July 2014, a tenancy advisor checked the garden whilst in the area. No work had been undertaken. You were in breach of your tenancy. (Again, I cut the hedges to the height of the gate which is normal size)

 

3.. ON 5 August 2014, a tenancy advisor attended your property to check garden area. No work had been undertaken by you and were in breach of your tenancy. Requested additional time and you remedy this in 2 weeks.

 

4. On 19 th Aug 2014, another adivsor was sent, still no work was done. (I shortened it as it just repeats what I have already wrote)

 

5. On 3 September 2014 a tenancy adviser checked the front garden whilst in the area. The work had been completed and the breach remedied on the front garden.

 

6. A complaint was recieved about your rear garden being overgrown and white goods in the garden in the garden area, dog excrement and not been cleaned from your garden areas and your dog being left alone all day. (The next door neighbour who is good friends with my dad would go rould there and check on them and we would come down twice a day and my dad left at 4 pm)

 

7. A complaint was received that there was 2 dogs and puppies at the property which kept escaping causing a nuisance. (They never did escape, the puppies had the freedom of the garden for a short while and were given new homes around December, the last one 18th December.

 

8. On 10 October 2014 a tenancy adviser checked the garden whilst in the area. You were in breach of your tenancy. Shoe noted a lot of dog excrement near the back door. Photographs were taken. A card was left for contact. You contacted the tenancy adviser and agreed to clear the excrement up and keep the area free of excrement. You confirmed there were puppies at the peoperty and you would be erecting a fence. It was agreed further visit would be conducted on 14 October.

 

9. 14 October, the tenancy advisor visited and discussed the issues caused by the dogs and puppies. You agreed to clear up dog excrement regularly in your garden, put up adequate fenceing within 21 days.= to prevent the dogs from escaping, ensure the dogs/puppies caused no noise nuisance and rehome 7 puppies.

 

10. Ocotober 16th. you advised you could not erect the fence within 21 days. You were in breach of your tenancy. You were advised to ensure that the dogs/puppies were adequaetly controlled..

 

11. On 30 October, the tenancy avisor visted and noted no dog ecrement on this occasion.

 

12. On 13 Nov. The 7 puppies were running around the property. The property was not in an acceptable conditions and we advised you were not coping with clearing up after the dogs. You were in breach of your tenancy. It was agreed that you would rehome all dogs and puppies.

 

13. On 30 December, an adviser visited as planned. You were in breach of your tenancy. 14 photgraphs were taken. There was dog excrement which had not been cleaned up, shredded bedding in the garden.

 

14. On 31 Dec. You advised the puppies had been rehomed, but were keeping the 2 dogs. You advised you had started decorating and agreed on a 14 Jan 2015 for an inspection. (He kept the 2 dogs because the female was placid and wouldn't make a noise when left alone, but the male was hard to rehome, I put up several advert online but kept getting nowhere until he was finnalt rehomed)

 

15. On 14 Jan '15. you cancelled the inspection scheduled for that day. You were in breach of your tenancy. You advised you had undertaken the required redecotation work. It was agreed an inspection would be carried out on 22 Jan. (He has heart peoblems which prevented him from doing the stuff required but we couldn't get down to him.

He was in a wheelchair for several months)

 

16. Just stated that he agreed to rehome the male, move the pallets which he was using as fencing, clean up the grime nad hair from the dogs.

 

17. On March 4, you cancelled an inspection, the inspection was carried out anyway, it was noted that the white good were removed.

 

18. On 17 March you cancelled an inspection and it was re-checduled for for the 19th March.

 

19. On 1 April, you admiitted that the dog had damaged the heater and was repeared.

 

20.. On 20 Aug, you cancelled a planned inspection for that day. The housing enforcer and tenancy adviser visited anyway. It was recorded that the garden was overgrown and the stack of pallets had not been recycled or removed. Photographs were taken. A letter was sent instructingyou to remdy the breach of the overgrown garden and remove the pallets by Sept 10th.

 

21.. On 10 Spet , you advised you had not remedied the garden and requested an extension. You were in breach of your tenancy.

 

22. On 16 October '15. the housing adviser visited, the garden was overgrown and had been for months, Dog excrement was still there.

 

23. YOu failed to clear away dog excrement in the gardens in the proper manner. This is a biolgical hazard to yourself and others. You have failed to maiintain the gardens to a reasonable standard and failed to remove pallets.

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Casper.

If you want advice you need to give the correct facts. It has gone from one dog dieing to two dogs and a litter of pups over 18months. During this time your dad was living alone in a wheel chair with no help. Your reasons get more elaborate. To be honest with that list I am surprised the rspca didn't remove the dogs.


Any opinion I give is from personal experience .

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It began a little over a year ago, I can't remember actually. But he got 2 Siberian Huskies, he didn't know the female was in season and soon after found out she was pregnant.

The puppies were rehomed at 8 weeks and a few months later the father was rehomed. He has been gone for months, recently the mother passed away.

 

My Dad got ill, which prevented him from walking without losing his breath, again I don't know the dates, but he had an operation done around June. He wasn't well until a couple of weeks later.

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so what about the other accusations of having tenants and running a brothel/drug den?. care to say how and whent hese accusations appeared as they are at least as serious as the others and possibly more so. I would suggest if it can be shown that these complaints were malicious then your father will have a better chance of kicking the others into touch.

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casper's ghost, with respect, my own father has been in hospital with heart problems but my brothers helped sort out the problem in the garden caused when a fence blew down in the recent storms, why haven't you gone and helped clear the garden yourself?

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I think you know exactly when it started 22nd July 2014. That was the first reason the council have given.

I really think you need social services and maybe your GP

 

Where does it mention the lodger


Any opinion I give is from personal experience .

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Who is the letter from?

 

Has there been any previous correspondence warning the council were seeking possession?

 

Is your father's rent paid with housing benefit?


 

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My mum read it and it just includes it under one of the Acts, my Dad thought it was meant for him. He lives 6 miles away and at the time I was on a course/volunteering and my brother volunteers at the hospital shop plus he's got a condition and has to lie down every now and than.

I have asked if he wanted me to help, but he just says no.

When we went round his on several occasions I asked if I could cut the hedge, even though it's just needed tidying. But he said no.

I might help tomorrow but my Dad has already cut his grass.

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Pride often prevents parents accepting help from offspring but that should be no barrier if approached sensitively.

This thread becomes more confusing with age & drip fed OP info. All I can deduce so far is:

father has heart problem and occupies a non-assisted 2 bed Council bungalow alone

Council report shows Inspectors visited property by arrangement on several occasions over 18 months and conducted external inspection of property, noting accumulation of dog faeces and untidy garden/junk.

No mention of brothel or sub-letting.

Eviction notice served, poss for anti social behaviour or breach of Contract.

A single homeless person cannot expect Council rehousing, perhaps temp accom in B&B or hostel, if 'vulnerable'.

OP ha done little to ensure father can stay in his bungalow.

Father is an 'ostrich'.

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Don't know where the landlord and brothel come in as I have read it but it's so much to read. Apparently he's sorted this out with the council but not sure......

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Casper

This is from your first post

The letter said he has a lodger(he has never had one) he uses the house for immoral purposes

 

Having a lodger would make your Dad a landlord

 

Using house for immoral purposes is a term frequently used to refer to a brothel

 

What i am wondering is..where did the brother come from?

 

As far as I can recall you have mentioned sisters , nephews, nieces, mum (rarely) dad often but never a brother

 

When you have a problem , can I suggest that you tell the whole story up front or when asked questions not go off at a tangent because otherwise those of us with a long memory will wonder if you are a fantasist which isn't something that sits comfortably with me .

In this post for example you start of with my dad is being evicted and give the impression it has come out of nowhere and regards not keeping the house tidy and immoral pursuits

 

It then moves to two dogs and an untidy garden

 

then a whole litter of puppies , a house that needs redecorating, a whole garden, front and rear that needs doing and all over an 18 month time frame

 

Finally , you can't remember details and then tell us its sorted -all in the space of a couple of days


Any opinion I give is from personal experience .

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