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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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sonia_p76

Landlord applying for warrant but i have a valid gas safety certificate?

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hello all,

i have a valid gas safety certificate until November the 3rd 2018.

 

my landlord(local council) uses a heating company for the gas safety check,... they are being very overzealous and have been calling to do an 'ANNUAL' gas safety inspection since the beginning of August...this seems very strange as its 3 months early and they know it expires in November.??

 

 

I have came home and received calling cards when I have been out and on one occasion a calling card was left when i was on holiday...as it was August.

 

 

today i received a letter from the council saying they are taking me to court to apply for a 'warrant to authorise entry'?

 

 

I would like to know if i can attend the court hearing (to show the certificate) and also can they do this with a valid gas safety certificate in force?

 

 

thanks,

Sonia.

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why not ring the council and sort it out....

they are your LL and have to ensure safety..why is this a problem not to engage them but ignore them??


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Agree with DX - I think this is rather odd from your side here.

I wouldnt have an issue with the Gas Safety Cert being done as it is a legal requirement when renting a property etc.

 

Even if it is Nov... Its only 4 weeks away and doing it 3 months in advance to extend the validity of the Cert is perfectly legal. You should agree to do this with them.

Probably not what you want to hear - However we are in the business of offering help as best we can.

 

They are legal liable to make sure they have a valid Gas Certificate in place at all times. Allowing it to lapse can be very dangerous and also have legal implications.

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a bit odd from my side?? what? and you dont think its odd that they are taking me to court with a certificate in force?? thats strange from them and you!

i also know its a legal requirement, i havent ignored them (your assuming i have), im not disagreeing with them etc etc so lets put all your incorrect assumptions to one side which are irrelevant to my question because its not really what i asked....but ..the council are meant to be re-arranging a service call nearer the date...but instead sent this letter...i'm baffled.

 

 

all i need is factual information on the above 2 points.

 

so i thought if they want to take me to court i'd go and show them the certificate...so is there a way to attend as it doesnt say on the letter?

Edited by sonia_p76

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also it wouldnt 'extend the validity' of the certificate...in fact it would shorten it...if its due in nov 2018 and they done it in aug 2018 it would expire aug 2019 not nov 2019...then if they done it 3 months early again...in may 2019 it would expire may 2020..and so on and so on...thats not annually!

 

 

also it hasnt lapsed? i wouldnt let it lapse...thats also irrelevant...so i dont know why you would say that..can we stay on topic?

Edited by sonia_p76

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When did you move it?why have you had to pay for your own one?


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When did you move it?why have you had to pay for your own one?

dont know what you mean?

i havent moved anything.

 

i havent paid for anything.

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In not it...sorry

Why have you had to get GSC done..not your problem


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In not it...sorry

Why have you had to get GSC done..not your problem

 

 

i havent had to..this is what i cant work out..they came nov 3rd 2017 and gave the certificate to me (lasts 12months)....then came beginning of august 2018 unannounced (on holiday) and then they rebooked it at beginning of sept without asking me(was out when they came) ...now today i received a letter saying they are taking me to court to gain access ..court date beginning of october..but on the court date the GSC will still be valid for another month until 3rd november...crazy?!

 

 

i could understand it if it had expired.

Edited by sonia_p76

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thanks that makes more sense now.

it read that you had gotten one yourself.

 

its just a mix up if you like

they always came early with me, it doesn't really matter if they do or don't overlap.

it just the way the contracts with whomever they franchise out to their services operate.

 

jusr ring then up. [ the council]

explain whats gone on, they wont really care what it was [away, budgie died etc]

just that the timing was inappropriate for you.

though if I remember rightly I got a letter that gave a time window you ranf up the franchiser and booked it with them.

 

probably find the council didn't sent out a letter or something.

don't worry about the warrant stuff, its hot air

they are wrongly assume you are/have purposefully avoided the test.

 

should sort itself out on Monday when you ring.


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Hi

 

Have to agree it is better to contact the Council to explain what has happened and simply arrange an inspection.

 

What you need to remember is the Council or not just trying to get your property Gas Safety Compliant but numerous properties before the expiry of the previous certificate.

 

1. Look at what your Tenancy Agreement Says on Gas Safety.

2. Check the Councils Website for the Gas Safety Policy.


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How do you the application for writ to enter relates to GSC inspection?

Have you previously denied access to the property for any reason?

GSCs can now be conducted up to 1 month prior to GSC expiry and retain the last expiry date.

(similar to MOT test)

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My gas safe registered guy on Friday told me that landlords have 30 days from expiry of previous certificate to have the inspection done.

In fact he said that many local authorities use this rule to have the inspection done every 13 months (Or just short of it) , thus gaining one inspection every 12 years or so.

He seemed certain of it.

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