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    • the 5.1 is better for that solo from jeff   if you go that way again get pictures of all the signs inc the small print where they are  and the machine ones. and the view from the public road 
    • Hi dx100uk,    OK will do, I'll wait for that possible stage to come and keep this updated when I can.   I didn't buy a parking ticket.   Kal   ...       Way off topic but I love your profile pic, gonna listen now and allow Jeff Beck to send shivers down my spine in his epic WGW P3 solo ✌️    
    • Apologies, misunderstanding on my part. I was thinking of a shop called Cotswold. Please ignore me.   HB
    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.   Arbitration confirmed that the claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
    • time for an sar first make sure you read all the posts in the sar link too.   dx  
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Zinnia

Airbnb Guest Bitten by Dog

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Hi Guys

 

 

I've been using Airbnb during my travels for the last 8 years. I recently stayed with a family in Scotland and on arrival was introduced to the family dog (a golden retriever). The listing stated that it's a friendly dog and I know that this breed has a good reputation for being a great family pet.

 

 

 

When I arrived at the house I received a warm welcome from the host, her husband and their children. I was then introduced to the dog and was encouraged to stroke her so that she would be familiar with me. Later that evening the host, her son and the dog came into my room and we were chatting and again I was stroking the dog and there was no problem.

 

 

However, on the 2nd evening when I saw the dog lying outside the kitchen door which is opposite my room, I approached her and was stroking her on the head for about 30 seconds when I saw her lips curl up as she started growling. Obviously, I knew that wasn't a good sign so I quickly jumped back but she still managed to bite me on my right hand but because I jumped back she didn't break my skin. I know this is unusual behaviour for this breed but what the host told me on arrival was that the dog is terminally ill with cancer and she pointed to the dog's stomach to show me that she has a massive tumour.

 

 

The following night when I had to go to the bathroom in the midddle of the night, the dog started growling as I was coming down the stairs to go back into my room (the dog sleeps outside the kitchen and I had to go upstairs to the 1st floor to use the bathroom).

 

 

I believe that the illness is the cause of the dog becoming temperamental but the host is blaming me for approaching the dog. when I reported the incident to airbnb they suggested that I request a refund from the host. However, when I made the request the host said they disagree and put the blame on me. I had stayed 4 nights that cost just over £200.

 

 

I would appreciate some advice on where I stand with this. I'm not trying to gain a large sum of money out of this as I wasn't injured but it was a frightening experience and I was very wary of the dog after that. I personally don't think a refund is an unreasonable request but as they're blaming me for approaching the dog that they introduced me to I am now considering the next step.

 

 

I would appreciate any legal guidelines on this matter. If anyone has any factual information then that would be really helpful.

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I empathise with you as I too would wish to show some kind of comfort and understanding toward the dog and its 'status', its not nice for the dog...

but pers i'd agree with the owner here, you knew the issue, you knew the risks, you still approached the dog.

 

because the dog presented an issue to you in going about your business, you should have alerted the owner at the time you were not happy with the situation, yet you continued to endure the situation.

 

we don't know the date of the incident, we don't know the date you decided to inform Airbnb, pers I must now question your reason for reporting this...….

 

I am being very objective here on purpose.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Don't wake the sleeping dog, so they say...

You said you weren't injured, so why are you after money?

Put it down to experience and never stay in a place where they have dogs again.

As much as we all love them, they're still animals.

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