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    • do need someone to help with regards to money. I can’t be trusted with it. My partner trusted me with his credit card for emergencies and I maxed it out behind his back and he now has to pay it back. The allowance he gives me he thinks I only have and that I live on that. He has no idea about my debts as I hide the letters, eVen when a bailiff turned up and his dad had to pay it.  I’m so scared. I actual can’t cope, I’m such a drain on my family.    Do I ring them on Monday and just admit everything? Or do I wait for the interview? do I just be honest and say this is the date I moved in, all bills etc are in his name. Then what happens? They send me court? 
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    • I got a quote from a builder to erect a basic timber leanto on the back of my property, and do some remedial work to an already existing brick shed. The area for the leanto already had decking but this was rotting so was to be removed.  The builder is a part time firman, and is a near neighbour of my daughter, and semed a friendly enough person.  When he came to view the job in May 20, I explained I was not looking to start the works until begining of August 20, so I could comfortabley get the funds together.  He mentioned he would be free to start on 1st July 20 as had no work booked in for that period.  I explained that I am disabled with a variety of consitions included limited mobility. I run a business from home from my loft office and wanted the leanto so I could have a dedicated space downstairs to work from hen needed. He sent me a quote via email. The quote was in a Ltd company name, but had no address on it and had a start date of 1st July 20.  I agreed in the end to this start date as he said he was free. Total quoted for all works was £10,720 with a deposit of £4390 to be paid immediately for materials to start on 01/07/20.  He sent me some pictures of garden rooms he had recently completed, and I liked the idea of having UPVC cladding for minimal maintenance and asked how much more this would be, and was advised £1730, so I paid a deposit of £6120 on 01/09/20.  The bank account details I was provided to pay the deposit was the builders wifes account.  he said the company was new.  He sent me an email on 30/06/20 saying he was collecting ALL the materials on 01/07/20 and would start on 02/07/20, then he was delayed as was let down by some suppliers. Work did not actually start until 17/07/20 after I requetsed a refund due to breach of contract. They arrived and took town the old decking. there has been constant delays, excuses and outright lies and I again requested a cancellation of the contract and refund as of part of my money as they would turn up one day, then nothing, citing, supply issues, workers being sick, his child being sick, etc.  As he had assured us everything would be ready befoe 15/08/20 we booked a small gathering for a barbecue for my stepdaughters 21st and made the builder aware. We requested a full schedule of the works to be done each day and a completion date, which he gave in writing as 13/08/20, stating that the perspecx roof would be fitted on 11/08/20. Needless to say this did not happen, he claims there were supply issues with the perspex sheets and he ended up putting up a gazebo in the half completed frame of the building on the morning of 15/08/20 as no roof was on and I was concerned for rain, and confirming that the sheets for the roof would be dleivered the following week.  Well the builder went on holiday on 20/08/20, 2 workrs came on 20/08/20 and 21/08/20 to put up tarpaulin as still no roof had arrived, no cladding had arrived and a list of other works ahd not been done. On the morning of 22/08/20 we discovered we had a leak as thay had damaged a pipe when putting up the tarpaulin. I called and sent a text message to the worker and also texted the builder who gave me his plumbers number, who never came to fix the leak. on 27/08/20 I text builder again as still not heard anything form anyone and he said he was back in the country the next day and would come and see what still needed to be done and get things sorted.  He never arrived. On 01/09/20 I texted the builder who said he was at work the next day and my job would be on.  I asked him to explain exactly what that meant as I needed the work done as a priority,  He said, plumber coming today, cladding fitting tomorrow, roof panels Thursday.  No plumber arrived that day.  I contacted builder the next day, he said they were not coming as team member was sick, but he would get plumber there today.  i told him if no one came today, we would get someone else in to do works as I was getting bitten by mosquites from the stagnnant water.  No one came that day or the next.  I decided I would put the remaming works on a bulder site to get estimates to do the remaining works and then would give the builder a deadline which I did.  I spoke to the builder on 08/09/20 when he called to let me know thta he had again chased the roof panels, but he wanted me to sign a waiver about the roof.  I told him no, he had told me on numberous occassions that he had ALL the supplies, he know what was need from the start, and he had lied on previous occassions as he now admitted he had only ordered the roof panels on 21/08/20. he was however saying he had ordered bespoke panels to fit the roof, which were not necessary, discussed or agreed with me.  I told him that he had 1 week to complete all the remaining works or I would give the job to someone else and would reques a refund of monies as by now I had paid a total of £9655. All payments to his wifes account.   The builder called me on 15/09/20 to let me know he had been assured the roof panels were being delivred on that Thursday 17/09/20. I told him that was too late. he knew today was the dealine, he had not even bothered to acknowledge my email and as he clearly was not in a position to complete ALL the works by the end of that day, I would be employing alternate builders to start the next day 16/09/20, which I did.   Sorry the post is so long, but I wanted to give the history.   I have sent a letter guaranteed delivery addressed to the builder, his wife and the company  to their home address asking for a reund of £4500 withing 7 day.   I plan to take legal proceedings against ALL 3.  Although the quote had the company name on it there is no address or contact information on it, all communication came from his personal email address, he requested that the money be paid into his wife's account.   His wife is not a director of the company, she did become a company secretary on 22/06/20, so I believe I rightfully can request she repay the money as she had to right to it.   He has refused to send a breakdown of materials actually used, which is all I am prepared to pay for.  He has said I am not due a refund as he has paid for the materials. He has not fitted the cladding, or done any of the other works, which could have been completed whilst waiting for the roof panels.   Incidentally, the new builders saterted on 16/09/20, and obtained the same roof panels that morning and by Friday 18/09/20 had fitted the roof, cladded one side of the building, fitted,  UPVC doors to leant and brick shed, fitted and 2 UPVC wndows to  leanto.   Your advice regarding the status of the wife would be most helpful
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Hoist/cohen claimform - Ex Barclaycard debt.


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Okay .....I wont be able to run through it until later//or this evening.

We could do with some help from you.

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Not due till the 13th August by 4.00pm.   With regards to the above...thats the standard template response from Robbers to a section 78 request.....not sure why they keep referring to GDPR a

The claimant.....as for them paying the hearing fee....its normally paid on account and given that they have complied with the directions its safe to presume it has been paid and they are proceeding.

Okay.....you need to amend that statement of truth...keep it simply and not refer to contempt of court.

 

Also you need to include the following in your conclusion along with that they are in default of your request and more importantly It also states the agreement has been varied...hence section 82 (1) CCA1974....cant use a reconstituted version for enforcement if varied.

 

 

Andy

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Hello,

 

Just a quick update.

 

WS sent through last week. Received a short  letter from Cohen as below, dated yesterday (Typed out as). Not sure if this has any affect but thought I'd share.

 

We refer to the above matter.

For the avoidance of doubt, I will not be attending the above mentioned hearing as a witness in accordance with CPR 27.9(1)(a). There will however be an advocate in attendance on behalf of the claimant.

The court has been notified of the same

 

Signed "Howard Cohen & Co"

 

Thanks

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Simply informing you.....

 

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out(GL) the claim.

(3) If –

(a) a defendant does not –

(i) attend the hearing; or

(ii) give the notice referred to in paragraph (1); and

(b) the claimant either –

(i) does attend the hearing; or

(ii) gives the notice referred to in paragraph (1),

the court may decide the claim on the basis of the evidence of the claimant alone.

(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

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We could do with some help from you.

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Hi,

 

I have my hearing tomorrow and haven't received any instructions on how to join the Skype call. Have emailed my details across last week. Have been trying call the court but no luck so far. Has anyone been in this situation before? Any suggestions?

 

Secondly, any points/tips for the hearing would be appreceated.

 

Many Thanks

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If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?

If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms."

 

 

Carey -v- HSBC [2009] EWCH 3417 (QB)

Date: 23 December 2009
Judge: His Honour Judge Waksman QC

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Carey was the claimant...have you actually read the judgment ?

We could do with some help from you.

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33 minutes ago, 244065013 said:

Sorry,  not appeal, I meant he allowed the claim.

 

You said the claim was allowed...the claimant was Carey...not HSBC..they were the defendants.

 

Anyway section 82 (2b) of the CCA1974 covers it....refer your Judge to the legislation.

We could do with some help from you.

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Sorry if I was unclear in what I wrote. To clarify, I mentioned the above and about the reconstructed agreement with varied terms etc but the judge said claimants (my case) recon agreement was acceptable even without signature etc and accepted Hoist's claim, 

 

So I guess it's the end of the road for my case, is there anything else I can do e.g. appeal or is that it.

 

Thanks again.

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So has the claimant got judgment ? 

 

Recons are acceptable on none varied agreements either in response to section 78 request or even enforcing the agreement ...with or without signatures providing it mirrors the original agreement that was determined in Carey V HSBC.

 

If an agreement has been varied...its impossible for the claimant to reconstitute the agreement to encompass the terms of the original and the later varied terms....its just not possible.  

 

Section 82 clearly states....

 

(2)Where an agreement (a “modifying agreement ”) varies or supplements an earlier agreement, the modifying agreement shall for the purposes of this Act be treated as—

(a)revoking the earlier agreement, and

(b)containing provisions reproducing the combined effect of the two agreements,

and obligations outstanding in relation to the earlier agreement shall accordingly be treated as outstanding instead in relation to the modifying agreement.

 

I very much doubt your reconstituted version contains all the original and modifications....and therefore the Judge has disregarded the legislation

We could do with some help from you.

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