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    • 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?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
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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
merge/space

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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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