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    • Of course there's no downside to declining the decision and that is what should happen. However, I've suggested that the letter declining the decision should be accompanied by some basic objections to the way the decision has been made. Although these objections won't have any effect, I don't see there is any downside to lodging them and at least they will go on file. It's clear that the application to Aviva had all the hallmarks of domestic abuse or/and also fraud. The ombudsman's decision basically says that Aviva had a "process" and that process was followed therefore the whole thing was fair. Nobody has asked any questions about the fairness of Aviva's "process" and in fact the "process" has never been disclosed to the OP – the victim of this – and it's not clear that it has even been disclosed to the FOS. Furthermore, Aviva make a big thing about having financial abuse training et cetera but there is no disclosure on their website what their training might be or whether they have an abuse policy in place. Furthermore there is no indication on the FOS decision that they have considered whether or not an abuse policy has been considered by Aviva – and we believe in fact that the FOS has never even asked the question. As usual, this is another example of a poor quality decision made by the FOS. The letter declining the decision must be sent by next Tuesday. This means that there is no hurry. Requests have been sent to Aviva and to the FOS for information. Frankly nobody seriously expects that the information will arrive in time – but you never know. I should point out that even if the FOS decision is not formally declined, a failure to respond is taken as a non-acceptance of the decision. The failure by Aviva and also the FOS to disclose on their websites any abuse policies is basically saying that they have a set of rules in place that they won't disclose what they are. Imagine sitting down to a game of cards were somebody. Your opponent says that they are playing by a set of rules but they're not going to tell you what they are. All you know is that every card you play is scooped up by the other side and when you ask why – you are told that there is a process/set of rules – but they are secret and you will never know what those rules are. Just keep on playing.
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    • "Under the rules of the Financial Ombudsman Service, I'm required to ask Mrs B to accept or reject my decision before 11 May 2021".   I'd have thought it's a no-brainer isn't it?  You need to inform the FOS you are rejecting the decision irrespective of whether you get a reply to any SAR.  I don't see that any SAR response could possibly lead you to accept their decision.   (Unless I'm missing something obvious, there is no downside in rejecting the FOS decision, is there?  I presume there are no costs involved?)    
    • Hi   You are more than welcome as we are here to help.   What you have here are 2 seperate issues.   1. Rent Arrears/Termanation of the Property/Warrant for Possession   With the Rent Arrears I would advise to enter a Payment Plan but you must be aware that they will ask for your income & expenditure to set this up and if you default on the Payment Plan even just one payment they will reserve the right to withdraw that Payment Plan and proceed with Court Action so you must be fully aware of that.   I would also advise writing to them that you wish to Terminate the Tenancy of your Property (insert address) from reciept of this letter as per the Tenancy Agreement.  (if you do it this way and they accept that rather than going to court for warrant of possession to end your tenancy of that property you will only have whatever the time limit is on ending tenancy in your original agreement rent added to the rent arrears rather than all those added court costs etc.)  If you do it this way I hope they accept this and fingers crossed.   2. The way they obtained your present address via facebook and then turning up at your address without notification.       In there letter they ask what outcome you are looking for now this is only my thoughts:   1. That they argee and accept a Payment Plan for those Rent Arrears.   2. That they agree to accept your letter to End the Tenancy of your Property as per the Tenancy Agreement Signed.   3. An apology for the way your staff pouported to be a buyer of an item I was selling on Facebook only to obtain my new address and then your staff appearing at my new address causing me distress and anxiety by the way the acted at my property.   These are only my thoughts on the matter but you can change or amend anything to suit yourself    
    • did you inform lowells of your current and correct address during your earlier exchange before they issued the claimform? do you have the particulars of claim and know what date this account was opened? if the date was after you moved out you have a good case this was identity theft.   there is no rush doing the N244 get your ducks in line 1st.   dx  
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Setting aside a ccj - defence sent to wrong court


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1 minute ago, keek said:

BazzaS thanks , didn’t look at it that way. 

I served a witness statement before the last hearing but it doesn’t include the photos of the camera she has interfered with as she did this after the hearing when the judge asked for an expert report. 

Shes sneaky. That’s why she had an issue of me hand delivering letters and phoned the police saying I was harassing her. 

Should I send an updated one including the things that have happened since? 


I would do an updated witness statement in this situation.

 

I think it’s an opportunity to explain your position with the expert/instructions, sending/hand delivering her letters, the photos you took of the cameras etc etc.

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read para (g).   dx  

Send the list to her. In your covering letter/email, emphasise that the experts are independent, and  give her 7 days to agree one of the experts, and have a draft of the instructions to the expert to

No copies to be provided...we have passed disclosure stage.

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HI 

Just a quick update.

Received a letter from court today.

 

The claim has been stayed for four months and the hearing vacated.

 

The claimant shall write to the court within 7 days of the expiry of the stay to inform the court if the matter should be listed for a hearing or if an extension of the stay required.

 

Since this order was made of the courts own motion any party shall have permission to apply to the court to vary the contents of the order or set aside within 7 days of service. 

 

Thanks. 

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Expected due to the current climate.

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That should be a laugh - her writing to the court in her spider scribble. 

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  • 4 months later...

Morning,

Hope everyone is well.

Just to update, I phoned court yesterday to find out if the claimant has written to them. The court said they have not received anything and to call back next week. 

 

The letter I received dated 4th May said the claim is stayed for 4 months and the hearing on the 20th is vacated. 

The claimant had to write within 7 days of the expiry of the stay to inform the court if they wanted the matter to be listed again. 

 

The lady I spoke to at court seemed confused and couldn't confirm if the deadline was from the 4th May or the 20th May when the hearing was vacated. 

 

Just wondered if someone could clarify this as from my working out she had until 11th September.

Many Thanks 

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If it’s unclear generally go with the earlier date (so as you point out 11 September).


Just bear in mind that courts are running huge backlogs of correspondence at the moment (some as much as 3 or 4 weeks behind).

 

Does the Court order say what will happen if there is no response by the deadline? 

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Hi, Thanks for the reply. Yes they said they was a few days behind when I rung. I will ring again Friday. 

The order doesn't say anything if theres no response from her.

Also if theres no response will I be able to claim my costs back? 

 

20200915_105351.jpg

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Could she not check if it had been re listed...you would have received notification if it had......I dont expect that she has informed the court.


Andy

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11 minutes ago, Andyorch said:

Could she not check if it had been re listed...you would have received notification if it had......I dont expect that she has informed the court.


Andy

 Agree she hasn’t written to Court. 
 

If Keek writes to her she’ll probably pull her finger out and write to court and the hearing will he relisted (or she might even call the police again and spout more rubbish about being harassed).
 

If he does nothing I expect the court and the claimant will do nothing and the claim will just be stayed until someone at court gets round to doing something (and they’ll probably issue an unless order). This could be months.
 

If he writes to the Court asking for the claim to be struck out due to lack of response from the claimant, the court will tell him to make an application which will cost money and delay things even more (and if an application does get listed and heard the end result will likely be the claim being listed for another hearing).


I’m not sure what to do. 

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Do nothing...its for the claimant to proceed..as per the last order above.

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So even if she has missed the deadline it can still be relisted? Would she have to start the process again from the beginning? 

I thought once the stay had expired that would be the end of it.

If she does nothing where would I stand in claiming back the fees and expenses? Would they just be wrote off? 

 

Thank you for the replies.

 

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No.... if she has failed to inform them to relist...the claim will remain stayed and if she wishes to proceed then she will have to make application to lift the stay...more expense.

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  • 4 months later...

Hi any updates to the above...?

 

Andy

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Hi Andy, sorry for the late reply didn't have notifications turned on. 

No not heard anything. Bit of a loss on what to do now. 

Am I able to claim to get my court fees and expenses back? 

Thanks for checking in, much appreciated. 

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Check with the local county court what the status is.....I would assumed it stayed and why your at it ask about your costs.

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Just rang the court. She said the claim is still stayed but she is going to get the file out and put it in front of the judge as the claimant hasn't been in touch. 

 

She didn't know how to advise me on recovering my costs and told me to seek legal advice. 

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Okay so as thought......well lets see what the DJ directs next and we can address the costs element then. Better to keep an eye on matters rather than go along not knowing what is happening  and the uncertainty that goes along with it. 

 

 

 

.

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Please do......its important for users that topics do not simply dry up.

 

With regards to the DJ directions he may simply relist it and give her a final opportunity to comply with the order dated 4th May 2020

or simply dismiss the claim......at that stage you will then have an option to make application for a Costs Order. I m not sure how much success you will have given that this is small claims track and costs are fixed.....but as your costs have arouse due to applications and set a side and expenses incurred in defending this claim..there may be some award.

 

If you get chance I would start to prepare your list of costs in dealing with this from your initial application N244.

 

 

 

.

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  • 2 weeks later...

Morning, 

phoned the court this morning. The claim was put back In front if the judge yesterday. 

He has ordered a direction's hearing for May 4th via telephone.

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Surprised he is prepared to put up with more of this nonsense .....he can only allow so much leniency with a claimant.. 

 

 

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Thanks Andy

Your right, it is nonsense! 

 

At the directions hearing would I be able to ask to have it struck out? 

She missed the last deadline and made no effort to contact the court. Surely he can't give her another chance, its madness.

 

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Direction Hearings are not really the place to request that kind of Order and of course any Order must be backed up by an application and statement as to why you seek the order.

 

Bide your time I would assume his tether is now running short....and any further none compliance will signify the end is nigh for this claimant. 

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  • 2 months later...

Morning, 

Just to update, I had the telephone directions hearing this morning.

 

She told the judge the independent expert we chose will not attend now. She said they had put a trace on me whatever that means. She couldn't explain why they wouldn't attend and I have not received any correspondence from them as to a reason why. 

 

The judge said she could use her own expert.

 

Her expert is an electrician he does not install cctv equipment therefore not an expert. He is also a family friend of the claimant.

I raised my concerns with the judge regarding this he said he would deal with it at the hearing. 

He said I could be my own expert. 

The hearing will be booked for after 21st June at the claimants property. 

 

 

 

 

 

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