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    • 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. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.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.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. 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.   4. 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 (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;   5. 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.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. 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.   8. 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 will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. 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.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.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.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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The lift in our apartment block has had some sort of major failure and is out of action. The management compnay say it will be at least 2 months before work can start, so potentially 3-4 months before it's complete. In the meantime I can't get in or out, so am effectively homeless.

 

This delay is apparently down to the s20 procedures needed before they can even get estimates, is this true and is there no way around it? Surely they wouldn't have to do this if emergency repairs were needed to the roof, for example? Wouldn't me being homeless be an emergency?

 

Any suggestions anyone?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Yes, I would say this sounds like an emergency. Who is the landlord of the building? Do you have a social worker? I would suggest that you also visit a doctor and get a written medical opinion on your situation.

 

Are you in or out the moment?


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We're away at the moment, due home on Sunday. We only found out by accident that there was a problem with the lift - my son popped around to check on the place and found an 'out of order' sign. Since the management company know I'm a wheelchair user, I'm a bit miffed that they didn't bother to let me know there's a problem, it's apparently been out of action for a week already.

 

I don't have a social worker. We own the flat, it's leasehold. I'm not sure what a medical opinion would add at the moment, but if necessary I'll contact my GP for a letter.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Presumably the leaseholder/landlord will have the legal responsibility to provide access to your flat. I'm quite sure that it is going to be very long winded – but you need to get going immediately. Are there any other people in the building similarly affected? How many floors are there? How many residents are there? What floor you on?


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Presumably the leaseholder/landlord will have the legal responsibility to provide access to your flat. I doubt they'll care. The management company haven't responded to my last email.

 

I'm quite sure that it is going to be very long winded – but you need to get going immediately. Are there any other people in the building similarly affected?No one else in a wheelchair, but a couple of families with babies in prams How many floors are there? 2How many residents are there? 13 flats What floor you on?1st floor. At a pinch, I can struggle up the stairs but there's no way to get the wheelchair up and nowhere to store it on the ground floor.

 

I'm planning on a lengthy stay with my Mum, at least she's in a bungalow.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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How can you be homeless but need a lift?

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There are companies fitting temporary stairlifts.

The management company has a duty of care especially towards disable and vulnerable people.

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Hi

 

Agree with king12345 the Management Company has a Duty of Care especially if they were fully aware that you are disabled and a wheelchair user.

 

They should be making some temporary arrangements due to the lift being out for those in your predicament.

 

Have a wee look at this link and download the handbook and have a read (bear in mind your Management Company is a Service Provider):

https://www.equalityhumanrights.com/en/advice-and-guidance/equality-act-2010-handbook-advisers

 

https://www.equalityhumanrights.com/en/human-rights-act/article-8-respect-your-private-and-family-life

 

https://www.equalityhumanrights.com/en/human-rights-act/article-14-protection-discrimination

 

What I would also be asking the Management Company as no doubt you are being charged in some way for the maintenance of that lift or expecting a bill for your share of the repair of the lift):

 

1. When was the Lift first installed? (you want to know how old that actual lift is)

2. What is the Life Expectancy of the Lift before needing Replacement?

3. When is the Maintenance of the Lift Carried Out and When?

4. Who is the current Contracted provider of Maintenance for the Lift and when does is Expire/Contract End?

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I am effectively homeless because I can no longer get to my home.

 

Had I been at home when the lift failed, I wouldn't be able to get out, which is actually the better option.

 

 

I'm going to ask my husband to speak to the management company about paying for a temporary stairlift - is there one which will take me and the wheelchair? If not, the stairlift on it's own is no use.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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There are wheelchair stairlifts and they do go round corners too

 

 

http://tinyurl.com/ybnhtmps

 

Not advertising them. Just pointing to an example


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Thanks for all the replies so far.

 

To our endless amazement, the Management co have got someone looking at the lift tomorrow. There's still not much hope of getting it fixed before Sunday, but at least they're doing something.

 

We'll keep on top of them for updates and if things drag out much beyond the middle of next week then we'll look at other options.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi RMW

 

Forgot to mention why not also consider sending the Management company a GDPR SAR specifically asking for 'All Data Held'.


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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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The motor has burnt out. This is apparently potentially covered by the lift insurance which might get things going a bit quicker.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Finally some good news - the insurers are paying for the lift repairs in full so no consultation needed and they should be done by the end of next week.

 

In the meantime, we've managed to get me into the apartment and in theory at least I can go out if I absolutely have to, e.g. hospital appointment. In practice, getting out and back in again put me in bed for a couple of days so I'm not going to attempt a repeat, it's a long, long way down those stairs and it felt like twice as far getting back up. The wheels are currently padlocked to a convenient post at the bottom of the stairwell with all removable parts safely stored in the apartment. At least it's raining so I wouldn't want to go out.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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So the lift is now back in operation and I can come and go as I please. However, the prospect of this happening again is not something I want to think about - it was bad enough being stuck inside for 10 days, had it actually taken 3 months minimum to get the lift back in operation I'd have had no choice but to move out temporarily.

 

There must be something that could be done to bypass or shorten the time needed to get repairs done in these sort of circumstances - I can't imagine that we'd have to, for example, suffer a leaking roof for months. Does anyone have any ideas?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Move to a bungalow.

If you dont like it you have the choice to live elsewhere

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Buy your own freehold is the answer.

Unfortunately it's not something that everyone can do.

Sorry to be blunt, but management companies, housing associations and councils don't give a toss about you or anyone else.

What they care about is how much money they can squeeze out of you, directly or indirectly.

As you have mobility problems, try to move to a ground floor property, one way or another.

If you make enough noise and become a nuisance for the power to be (See above), eventually they'll come your way just to get rid of you.

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Move to a bungalow.

If you dont like it you have the choice to live elsewhere

 

For quite a few people this is not an option. If they own the property but are restricted in finances, the costs of a move can be an insurmountable problem. Unless one has a sizable income, getting a loan (either bridging or mortgage) to buy a new property is not an option. So one has to sell first and hope that a suitable and affordable property is available once the funds are in the bank. But estate agent fees, legal expenses, and the cost of moving are all going to eat in to any equity that was released.

 

With that in mind, comments along the lines of "live elsewhere" are not helpful and could even be offensive to the original poster.


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As this is all to do with the 'LIFT' if I was in your position I would be asking for clarification of the following:

 

1. When was the present Lift Installed?

 

2. What is the Life Expectancy of the Present Lift Installed?

 

3. What is the Maintenance Schedule/Routine for the Present Lift Installed?

 

4. Who are the Contractors that carryout the Maintenance for the Present Lift Installed?

 

5. What provisions are in place for those under the Equality Act if the Lift Breaks Down/is unusable at the Property? (i.e. what Risk Assessment has been carried out)

 

6. What provision are in place for Spare Parts for that Lift during it's Life Expectancy?


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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.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Move to a bungalow.

If you dont like it you have the choice to live elsewhere

 

Not everyone can move home whenever they feel like it, and if we could afford a bungalow, we'd already have one.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Buy your own freehold is the answer.

Unfortunately it's not something that everyone can do.

Sorry to be blunt, but management companies, housing associations and councils don't give a toss about you or anyone else.

What they care about is how much money they can squeeze out of you, directly or indirectly.

As you have mobility problems, try to move to a ground floor property, one way or another.

If you make enough noise and become a nuisance for the power to be (See above), eventually they'll come your way just to get rid of you.

 

 

We have already looked at all options for moving, it's simply not possible. The only ground floor flats in this area which are big enough for our needs are a lot more money than we'd get for our current flat, plus we've already paid for a lot of adaptions (and would have to pay to have some of them removed, it was a condition of them being installed in the first place). We estimate it would cost at least £100K to move at all, and to move to a bungalow would be at least twice that.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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For quite a few people this is not an option. If they own the property but are restricted in finances, the costs of a move can be an insurmountable problem. Unless one has a sizable income, getting a loan (either bridging or mortgage) to buy a new property is not an option. So one has to sell first and hope that a suitable and affordable property is available once the funds are in the bank. But estate agent fees, legal expenses, and the cost of moving are all going to eat in to any equity that was released.

 

With that in mind, comments along the lines of "live elsewhere" are not helpful and could even be offensive to the original poster.

 

Thanks. As you say, we can't afford to move and it's also not helpful to assume we haven't already looked into that possibility.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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As this is all to do with the 'LIFT' if I was in your position I would be asking for clarification of the following:

 

1. When was the present Lift Installed?

 

2. What is the Life Expectancy of the Present Lift Installed?

 

3. What is the Maintenance Schedule/Routine for the Present Lift Installed?

 

4. Who are the Contractors that carryout the Maintenance for the Present Lift Installed?

 

5. What provisions are in place for those under the Equality Act if the Lift Breaks Down/is unusable at the Property? (i.e. what Risk Assessment has been carried out)

 

6. What provision are in place for Spare Parts for that Lift during it's Life Expectancy?

 

 

We have answers to most of these questions.

Do you know if there is any way of circumventing the consultation process if emergency repairs are needed?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Not too sure how you could circumvent the consultation process

 

The purpose of would be because the lease holders would ultimately bear the cost of expensive repair bills

 

If the management company decided to replace the roof and it cost £50,000 i think you would want to be consulted on that, And not just face a big bill

 

And i doubt the other residents would want to miss on a consultation for the sake of one resident

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Hi RMW

 

Is the Consultation specifically on 'Emergency Repairs' only or the Recent Repair to Fix the Lift and exactly what are they asking?


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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.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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