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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Boeing's CEO defended the company and pledged that it has learned from past mistakes.View the full article
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

MMF/Moriarty Claimform - Peachy PDL debt


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Hi All,

 

 

My partner took out a pay day loan agreement with Peachy on 31.10.2013 for £662.

 

 

She has had sporadic bouts of employment through the following years and the debt was assigned to

MMF on 3.01.2014 of which they allege they sent notice.

 

 

She has been bullied by Moriarty Law and has this very week been sent a letter from them saying she has 14 days to come to an arrangement or they will apply to Northampton for a CCJ.

 

 

This weekend, she has received the paperwork from Northampton CC.

 

 

The solicitor has filed for the original debt of £662 plus interest of 52.96 plus their own costs bringing the total to £844.96.

 

 

Currently she is claiming ESA, although she is trying to start a small business herself and would rather avoid a CCJ, she has no other debt apart from the mortgage and a car loan that is finishing this November.

 

 

Do I now log on and file an AOS and then have 28 days from then to present a defence? If so, what sort of defence (I am reading through this site as I write)?

 

 

Would it also be prudent to send a letter disputing the procedures followed by Peachy/MMF for providing the initial loan without taking into account all of her circumstances?

 

 

I know she buries her head in the sand with these types of things and does not know which way to turn (that's not to say I am a legal expert either!).

 

 

Many thanks for your help and guidance on this.

 

 

PB

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HI PB

 

Welcome back to CAG

 

Go here - https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Copy first post - Answer questions and post back here...Then we will have a look and see what we can do... We are seeing more and more of these PDLs going to court and it is disturbing, but we will see if we can help :)

Also once done - Please search the forum for MMF and see how others are dealing with them :)

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  • 2 weeks later...

Name of the Claimant ? Motor Mile Finance (Originally with Peachy Payday Loans)

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Date of Issue 19th September

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIM FORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? The defendant owes the claimant £662.00 under a regulated loan agreement with Cash on the Go Ltd T/A Peachy dated 31.10.2013 and which was assigned to the claimant (MMF) 3.1.2014 and notice of which was given to the defendant on 3.01.2014 (debt). Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £662 and further claims interest thereon pursuant to section 69 of the County Court Act 1984 limited to 1 year to the date hereof at the rate of 8% per annum amounting to £52.96

 

What is the value of the claim? £844.96

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? The claim is for a payday loan

 

When did you enter into the original agreement before or after 2007? after 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It is the Debt purchaser who has issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall a letter stating that the account had been assigned

 

Did you receive a Default Notice from the original creditor? I cannot recall having a default notice from the original creditor

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No i have not received any statutory notices

 

Why did you cease payments? I was under immense financial strain and even had to stop paying the mortgage

 

What was the date of your last payment? I cannot recall

 

Was there a dispute with the original creditor that remains unresolved? No dispute was entered into

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I did explain to the original creditor the circumstances but nothing ever came of it.

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Hi honeybee,

 

 

I have acknowledged the claim on MOL and I have also sent a recorded letter (from the templates on here) to both MMF (who have only sent back the agreement and no statement) and to Moriarty Law who are their legal representatives I have sent the CPR request (they have not returned anything as of today).

 

 

Thanks for your help

PB

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Nothing.,..... apart from read and read and start looking at examples of other users defences....your defence submission is your next task.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Hi Andy,

 

 

Many thanks, I have looked around the site and have seen a few posts that I hope will help me out.

 

 

Do you know of anyone on here who is good at writing the defence?

 

Cheers

PB

 

Oooh Im not sure you will have to ask around :oops:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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