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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. 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.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Landlady withholding deposit because I claimed Council Tax discount

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Hi All,

 

My landlady told us in Feb that she was selling our house.

We moved out in April when a suitable property came up, but had to pay double rent and council tax on the two properties until the end of June when my tenancy ended :-(

 

I did however manage to get a one month discount on the old property as I wasn't living there.

 

Now that the landlady is renovating the house to sell, she too has applied for the council tax discount (as she's not living there) and has been declined as there needs to be a period of 6 weeks of someone living there since that last claim before she's entitled to it.

 

Because of this, she has told me that what I did was 'unacceptable' and that she will be taking the £119 (one month's council tax) out of my deposit.

 

We are going through the DPS, but but the email this morning told me that my request for repayment of my deposit has been declined and that that I to settle it with her - which is impossible as she is totally unreasonable.

 

Who is in the right here?

She is stating that it was my responsibility to pay all bills (which I have done), but in claiming the discount (which I was perfectly entitled to), I have breached this part of my contract.

 

Any advice much welcomed.

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Your renting the property, your entitled to any discounts. You pay the CT whilst under a lease, not the LL. Send a LBA to the LL, but only if you intend to pursue in the courts.

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Thanks sgtbush.

I'm not sure if I can afford to take her to court unfortunately.

 

---------

 

There are two clauses in my contract which relate to Council Tax:

 

2.5: To be responsible for payment of Council Tax during the tenancy in respect of the premises.

 

The Deposit has been taken for the following purposes:

4.4: Any unpaid accounts for utilities or other similar services or Council Tax incurred at the property for which the tenant is liable.

 

----------

 

So basically my question is:

Is claiming a discount (not having to pay it for a month) classed as non-payment?

 

Thanks again.

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Your entitled to the discount therefore it is not a non payment.

Non payments is where you owe the money and fail to pay.

Your entitled to a discount.

Your ll is just peeved Tha they cannot apply for a discount and now is maliciously taking it out on you.

 

I would write to the council, your MP and the landlord stating the unlawful deduction and going thru the appeals process

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the LL is moaning she cant claim a discount period whilst renovating because you have used it up. The duiscount for an empty prooperty is at the whim of the council anyway wheras yours was a right.

You say you cant afford to take it to court, how much do you think it costs? If you have a low income you can get a remission of the court fees anyway so it may cost you nothing. The small claims track is easy to use and quite informal most of the time. Unreasonable people tend to either become worse or suddenly switch and pay up and start being nice when they get a N1 and they know what it is about. either way, you stand to recover your monies

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We are going through the DPS, but but the email this morning told me that my request for repayment of my deposit has been declined and that that I to settle it with her - which is impossible as she is totally unreasonable.

 

Can you describe this in more detail? e.g. have they accepted landlady's deduction? If so it sounds like DPS have made a mistake and assumed that you have wrongly withheld the payments.

 

The cost of a claim of this amount would be £25 for initiating the claim online through moneyclaim online, then another £25 for hearing the case.

 

You would likely get these fees back if you win and you should be able to claim expenses and something for your time if you have to take time off work.

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I think you should also contact the council to explain the situation because they should not give her a discount under these circumstances.

 

If the landlady is claiming that you have withheld payment then she ought to pass the money to the council to cover the period during which you were the tenant, otherwise she is being explicitly dishonest.

 

If she does pay the money, you should simply insist that the council pass it back to you because it is your money and you were entitled to the discount.

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Thanks Steve_M

 

I'm currently going through the process with the DPS - I've got as far as 'not agreeing' with her deduction of funds.

Not sure what happens after this - I'm hoping that I at some point, get a chance to state my claim and hoping that the DPS will see what a ridiculous accusation this is.

 

And that's a good point about her using the money - thank you.

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Not sure what happens after this

 

Did you agree to use the Alternative Dispute Resolution procedure? I assume if the landlady does too then that procedure will begin - but precisely what happens is unclear to me from reading the DPS documentation.

 

If you have received no letters or emails soon I would suggest you phone them to ask.

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There are two clauses in my contract which relate to Council Tax:

 

2.5: To be responsible for payment of Council Tax during the tenancy in respect of the premises.

 

The Deposit has been taken for the following purposes:

4.4: Any unpaid accounts for utilities or other similar services or Council Tax incurred at the property for which the tenant is liable.

 

In over a decade of working in council tax I've never once known a landlord pass monies to the council in respect of a tenants liability.

 

Craig

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you were responsible for paying the council tax due so if you got a single persons duscount would the LL expect you to pay the full whack? No, this is about her not getting the remission for having the property empty because you have used up that allowance and she is seething. Basically all argument about how the payments are made are misleading. The LL wouldnt have automatically got the remission anyway regardless of your discount/remission

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