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    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
    • the pursuers don't have to serve a DN the original creditor did the pursuers have failed to prove one was ever served. fatal under section 87 of the CCA    no signed cca nor relevant T&C's    
    • PDF only please read upload   yes block and bounce all email addresses.   dx  
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Homeless after enforcement notice from council

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Can anyone with the correct answer please help me as I feel the council are ignoring me as my case may reopen a mistake they made and got away with a year ago.

 

After the council made a mistake handling my case they referred me to a place called New Day housing who help those the council find not In priority for emergency housing.

Harrow council guaranteed they were professional and housed many tenants without complaints.

 

New Day with the consent of Harrow council placed me in a property in private sector and a landlady that knew the agent personally for 8 years.

The conflicts of interest were clear to see. I had to take the place a studio flat in a house that had been converted to 6 studios flats. I

took the place as it was the only one offered by New Day and I was homeless that day.

 

A lady named Diana did all the paperwork and assured us that she would be there if we had any problems.

All 6 of us had just moved in within a month of each other and all refered by Harrow council.

I came to find out that Diana had never been to the property and did not even know that each studio needed it's own EPC.

 

I complained about the poor building work and unsafe electrical wiring for 5 months to both Diana and Harrow council but nothing was done.

I then complained to Brent council and 3 months later they issued an enforcement notice for the place to be shut down as it had numerous violations including no planing permission or HMO license. Yet Harrow council guaranteed me that Newday were a professional association who would have made sure the place was safe and legal before placing anyone.

 

I sent the enforcement notice to Harrow council because they had duty of care that they said they no longer had 14 days after I had lived in the property.

The person who had handled my complaint when I was found not in priority a year before emailed me giving me the name of a housing officer who will help me

I emailed her and she replied saying she was not my housing officer I should call Harrow housing advice.

 

14 days later I became homeless and I went to Harrow council after calling and emailing got me nowhere and I was made to fill a locata form and simply told it's not their problem.

A month later the housing officer called saying she was away on vacation and gave me an appointment to go see her.

 

Instead of addressing the enforcement notice and the reason I was there asking to be housed temporary while I looked for a place that took housing benefit, she brought up the initial reason from a year ago asking me for all my medical evidence.

 

I said I'm not there for medical people's and she said they only help if I was found in priority from A medical condition.

I have now been homeless 5 months and Harrow council and New day say it is not their problem and the help that I never got will never come.

 

I am asking if anyone can tell me if I have a case against Harrow or New Day.

 

Thank you

 

PGN

Edited by dx100uk
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probably but you have to follow procedure and that will involve writing to the head of the housing dept,

then after that the CE of the council and then finally to the local govt ombudsman.

 

What do you hope to get out of this?

A sorry and £100 is easy but that doesnt house you.

 

What do organisations like shelter say?

Edited by dx100uk
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Thank you for replying.

 

When I SENT the enforcement notice to Harrow all I wanted was help finding a place to rent even in the private sector because they have landlords or know of place that take housing benefit. But they only insisted on checking to see if i was medically a priority as that is the only way they would give me temporary accommodation.

No mention of the enforcement notice they even changed the case number.

 

Then my illness from May 2017 came back MSSA PVL and I had blood in urine and was admired to hospital for 7 days.

On release 5 doctors from different departments had written letters to council saying my illness was caused by being outside and I have to take daily bath in antibacterial solution and have sores cleaned and dressed every 2nd day I needed to be housed.

 

Just like in May 2017 I submitted to the council and 7 days later email came saying she passing them on to medical department to examine.

From what I had been told was when they did that they should have put me in temporary place.

2 weeks later no reply I emailed to complain and next day I was told I am not priority no help.

That was last week and since then not a word.

I'm not even on locata anymore.

 

I think they blacklisted me cos I complained in 2017.

I have not spoke to shelter or cab cos can never get through.

I just contacted [name removed - HB] solicitor a month ago and no one getting back to me.

 

What I now want is to be housed and if I was mistreated since may 2017 I need to the council to investigate as there may be others that have not be patient enough to follow through as I have.

 

Even sleeping in the park I will not let this go unless I have no case.

Edited by dx100uk
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posts merged and spaced for clarity.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Thank you for replying.

 

When I SENT the enforcement notice to Harrow all I wanted was help finding a place to rent even in the private sector because they have landlords or know of place that take housing benefit. But they only insisted on checking to see if i was medically a priority as that is the only way they would give me temporary accommodation.

No mention of the enforcement notice they even changed the case number.

 

Then my illness from May 2017 came back MSSA PVL and I had blood in urine and was admired to hospital for 7 days.

On release 5 doctors from different departments had written letters to council saying my illness was caused by being outside and I have to take daily bath in antibacterial solution and have sores cleaned and dressed every 2nd day I needed to be housed.

 

Just like in May 2017 I submitted to the council and 7 days later email came saying she passing them on to medical department to examine.

From what I had been told was when they did that they should have put me in temporary place.

2 weeks later no reply I emailed to complain and next day I was told I am not priority no help.

That was last week and since then not a word.

I'm not even on locata anymore.

 

I think they blacklisted me cos I complained in 2017.

I have not spoke to shelter or cab cos can never get through.

I just contacted [name removed - HB] solicitor a month ago and no one getting back to me.

 

What I now want is to be housed and if I was mistreated since may 2017 I need to the council to investigate as there may be others that have not be patient enough to follow through as I have.

 

Even sleeping in the park I will not let this go unless I have no case.

 

Local Councillor

Elected Head of Council

Local MP

 

Email, phone , weekly surgery?or all 3

 

These are the people who will get things done for you.

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Thank you I am doing exactly what you have said I should do as Harrow council still ignore me. Even the emails I use to get from locata don't come anymore. I will post the progress as I get it.

 

BTW....I just came to find out that the landlady of the house that got the enforcement notice in August 2018 has been receiving housing benefit for 5 former tenants that all moved out. So how is it that the council shut down the place but the landlady is still receiving housing benefit from them for £838 x 5 for the past 5 months. Only when I asked Diana from Newday about it the payment got suspended last week. If that does not show collusion I don't know what does??

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