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    • Here's the Claim Form (edited for personal details) and  Defence PDF (edited for personal information). 
    • Should the amount be the figure in the particular or the final amount with fees added
    • 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 7.1PAPDC. 2. The Claimant claims £xxxxxx is owed under a regulated consumer credit account under reference xxxxxxxxx. 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  pursuant to sec87(1) of the CCA1974; and (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; 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.  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 Should the amount be the figure in the particulars or the final figure with the added fees
    • post it up here first for checking please dx  
    • use our default holding/no paperwork defence in 100's of threads here already Programmable Search Engine CSE.GOOGLE.COM clickme^^^
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Hi all thanks in advance

 

The land lord is always asking for rent in advance,

 

Payment date is the 12th of each month ,

 

I have been paying as and when before the due date,

but lately the ll is hassling me

example

this month I paid £375 two weeks ago,

get a call last night can you pay some more,

 

the problem is I fear they will end the tenancy if I do not,

 

£400 due on Monday,

 

It seems it is the LL wife's spending money,

 

where do I stand?

 

Leakie

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I am up to date,

 

I have paid another £300 today, just to keep her happy,

 

So I am £675 in credit with her and will pay the last £100 on the due date.

 

I just feel I have to pay her in advanced or she will ask us to move,

in the past I have paid the full amount 2 weeks before it is due.

just to help her out.but it is getting a bit much now!

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She already know that,

I receive HB so she knows I have money once every 2 weeks.

 

Think I will have to take the plunge and just tell to wait , and keeps my fingers cross there will be no come back.

 

No sure if there is any way I can protect myself.

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Report her to your LA if they're paying you HB, any chance you can get them to pay her direct, so it cuts you out of the loop, there isn't a chance in hell she'll demand the LA pay her early!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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HB is paid 2 weeks in arrears to claimant (4 weeks if paid direct to LL) after initial date of claim, so T will always have some rent owing if they rely on HB payment alone.

OP please state -

when rent is due

when HB is paid

have you have funds avail to cover the HB 2 wk gap?

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I have never been behind on the rent or I would have been out,

 

I had to make up the rent whilst the HB was processed.(Borrowed from my parents)

 

As soon as the LL knew I had HB she wanted to up the rent to £900.00

 

So I told them I would have to leave, they then agreed to keep it at £775.00

 

As LL knows I am paid every 2 weeks she wants it up front and I have to pay the difference on the rent due day.

 

as you can appreciate there would be 26 payments so I always have to make up the shortfall,

and twice a year it catches up as the HB payment arrives just before the rent is due,

 

My next HB payment will be on Wednesday 14th June.

Rent due day 11th of the month.

 

Had a call last night asking for money before the weekend at 9pm.

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IMO this is illegal, report the LL to the council.

 

It's unfortunate that you have fallen at the first hurdle and paid her money when it wasn't due.

 

Regain control, and tell her that your rent isn't due until dd/mm/yyyy and she won't be paid until then.

 

If she bleats, then demand she refers to the tenancy agreement which states what date/day the rent falls on, also she has to change the tenancy agreement to reflect the change in rent payments, if she wishes that she can demand rent on any day she is short of cash.

 

REPORT this clown to the LA....you are being royally mugged off!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thank you BB

just do not want it to get nasty ,

 

Been through hard times lately wife left 3.1/2 years ago and I have the 3 children so finanical part not good,

and would struggle getting a new property to rent

so do not want to lose this one until back on my feet.

 

Thanks for the advise

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see#2

 

 

If AST states rent is payable pcm there are 12 payments pa, 4 -weekly = 13, weekly = 52.

 

 

There is no legal provision for fortnightly payments, other than weekly (same day each week).

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  • 1 month later...

Hi all I have been given notice to my my private rented house,

I have been to see the housing officer to day and he thinks he may have noticed a mistake by the LL in the notice.

 

Date of notiforcation July 20th date to leave 19th September

can some one clarify if this the correct ammount of notice please

there are other issues as I have no Energy performance certificate

 

 

 

Leakie

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Yes section 21 was issued

It was just something the council Housing officer brought up,

(guess he was looking for a reason to say it was not compliant with the S21 so it would be invalid )

that it may not comply as it is a day short.

He also asked for energy performance certificate which is also needed to comply

this is something I have not seen. The gas saftey certificate is being done today,

 

leakie

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Hi

 

1. What date did you start your tenancy agreement and how long was it for?

2. When the original tenancy ended did you sign a new agreement or did the original agreement roll over (periodic)?

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Hi all need some more advise so I do not get fleeced by my current Landlord,

I have since found another property, My rent due date is the 11th of each month.

I can if all goes well move in on the 1st of September, so this will be, 10 days short of the calender month,

which I assume I will take a hit on.

1-If I waited until the 19th would I be expected to pay for the full rent (11th Sept to 10 Oct ) giving them 3 weeks rent for nothing?

I have been told that any notice should be given on the rent due day (section 21)

 

2- Do I need to give an certain period of notice as the section 21 has been issued.

What I am tring to avoid is being charge 2 months rent,

 

Hope this makes sense

 

Leakie

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You should be able to give 1 month's notice that you will leave on 10th September.

 

If your landlord wants the house back, they may be prepared to agree an earlier date - get it in writing if they do.

 

Landlords are required to give 2 months' notice ending on a rent day so it does indeed sound like the Section 21 notice is incorrect.

 

However, check your contract to make sure that you have got the rent day right. Also, some contracts insist that tenant also has to give 2 months' notice even after the end of the fixed period. Even if such a term is unenforceable you may need to argue.

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  • 1 month later...

Hi all

I was given a section 21 that runs out tomorrow,

unfortunately due to my circumstances I have been unable to find affordable accommodations

I am unable to provide a guarantor, but have offered 6 months rent up front and deposit,

 

I am a single parent with 3 children,

just wanted to find out the do's and dont's

 

I know I do not need to leave as I have not found anywhere else.

until the LL goes to court.

 

The council have been very unhelpful.

 

just want to confirm my rights

I do not want to fall out with the landlord, but feel this will happen.

 

I have paid up until tomorrow and have stated that i will pay for the next 2 weeks,

and hopefully move by then.

 

or should I have paid the full months rent and tried to claim it back as if I had moved out it would have only been 8 days

do not agree with paying more than I owe.

 

any advise would be appreciated

 

 

Leakie

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3 threads merged for history

 

 

dx

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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Hi Mariner51

 

Are you saying that the NTQ should go from the start of the monthly rental period

 

I pay on the 11th of each month so the NTQ should have been the same (2months from the 11th)

 

I sent them a letter stating that I have not found a place as yet, The one I thought I had secured they decided to sell.

 

I have paid rent up until today, and have stated that I will pay another 2 weeks as of tomorrow, and hopefully move out before.

 

Just does not seem right paying a full months rental for 9 days,

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