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    • Why not? have they sent anything to prove it yet?
    • OK - in a nutshell...   Customer has a leak in the wall behind the shower in their en-suite bathroom which has leaked into another bedroom and they claim on their buildings insurance. We go in and inspect and quote for the repairs - this quote is forwarded, by the customer, to the insurance company who authorise them to go ahead with that quote. When we arrive, the customer says that they want the rest of the bathroom tiled to match - we agree and quote £800.00 for the extra tiling. The design for the tiling is varied, by the customer, to include two vertical mosaic stripes (the mosaic tiles being £12.50 each, plus a considerable increase in labour) - we point out that this will blow the materials budget - screaming ensues... we absorb the cost. The customer purchases a new bathroom suite which they expect us to install as part of the £800.00 that we quoted for the tiling alone - when this pointed out, screaming ensues... we absorb the cost. We complete the insurance repairs to both the bathroom and the bedroom on the other side of the wall. The customer says that they are happy with the insurance repairs, inform the insurance company of the fact and receive the final insurance payment. Some snagging is required on the extras - one of our guys goes in to sort out the odd bits. Customer freaks out because only one person has turned up to do the snagging - tells the man on site to take his tools and go. Customer will now not release the insurance money because the snagging has not been completed and claims that we're in breach of contract.   The insurance money HAS been paid to the customer - they signed off that the insurance based repairs were complete and satisfactory. It's the customer that's holding on to the money. The property is a ground floor flat - so it's leasehold.   I was pointing out that she's European - not any particular "ethnic background"...  
    • Referencing the Particulars of the Claim: 1. The claimant claims the sum of £2300 for an outstanding debt owed. 2. On 01/04/2012 the defendant entered into an agreement with Lloyd bank plc for an overdraft account under the reference X. 3. On 01/04/2016 the defendant defaulted on the agreement with an outstanding balance of £2300. 4. On 01/06/2017 the debt of £2300 was assigned to PRA Group UK LTD. Notices of assignment were sent to the defendant in accordance with s136 law of property act 1925. 5. Payments of £20 were received up to 01/03/2019 and adjustments have been made in the sum of £3.   For 'Particular number 2', i see a lot of other people saying this like 'Paragraph 2 is denied. I do not recall having this account'. I obviously cannot put that, what would i put?
    • Just wanted to report that the court dropped the MS90 and she ended up with 3 points, £40 fine, £30 Victim Sur (?) and £80 court costs.....thing is because she rang her insurance  to be honest and inform what was happening they cancelled her policy there and then charging her £50 to do so.  Now she’s gone to reinstate her insurance it has gone thru the roof because she’s had a cancelled policy!!  Seems a bit unfair, we hoped dropping the MS90 would avoid this - does this sound right?    Thankyou  
    • I'm removing two posts here – one because it refers to "… All from the same ethnic background" and the second one referring to the fact that the customer was Spanish. The first, particularly by king12345 has a strong racist tone about it and is completely unwelcome here.  king1 2345 has been here long enough and knows very well that this is not what we do. ==============================================================================   In terms of the building and insurance problem, it certainly sounds if you are being treated very badly and we would be very happy to help. Unfortunately I find your story is rather unclear – probably because there is a lot of narrative and I'd be grateful if you could clarify your story and in particular breaking down the insurance job and the rest including giving their values. Do you know if the insurance money has been paid to the customer or is the insurance company simply waiting for some kind of approval. You say that the insurance company has signed the job off and so this suggests to me that they are satisfied but what worries me is that they may already have paid the money to the customer who is merely withholding it from you rather than authorising the direct payment of the insurance money to you. Your story needs substantial clarification please. Finally, does your customer own the property? If you are not sure then you should consult the land registry website to ascertain the owner of the property
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miteaide

N244 Lifting non-existent stay of unallocated court claim.

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If a claimant makes an application to lift a stay that does not exist, what sanctions could before the claimant?

What tools does the court or defendant have to get the claim thrown out despite being valid in these circumstances?
The claim status is unknown after the defendant filled its defence and the court does not respond to communication.

 

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Could you expand on this a little, what sort of debt or what is the claim about?


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5 hours ago, miteaide said:

If a claimant makes an application to lift a stay that does not exist, what sanctions could before the claimant?

Why would a claimant waste £255 if there was no stay to unstay ?

What tools does the court or defendant have to get the claim thrown out despite being valid in these circumstances?

N244 application with reason ...fee £255
The claim status is unknown after the defendant filled its defence and the court does not respond to communication.

The court informed you on its acknowledgment of your defence what happens next....IE the claimant has 28 days to respond and proceed ...otherwise the claim is stayed.

 

 

Andy


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Thank you for replying
The defendant disputed the claim but filed/served no evidence as it doesnt have to before a trial. This financial institution then paid back what money it had of mine but not the court fee, 8% interest etc so the stay on N1 form notes does not apply.

 

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Clear as mud...so you are the claimant...the defendant is correct they do not file serve evidence before the trial...normally directions state 14 days before the trial hearing each party simultaneously exchange and file.

 

The defendant then paid the debt amount but not the court fee or the section 69 interest at 8%..

Did it get to trial ? or is that yet to happen ? 


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If Andy is correct, that you have received the judgement amount but without costs or interest, then simply write to the Court, addressing your letter to the Judge so it does go in front of one.  I did exactly this and the Judge made an order that the other amounts be paid or the judgement would not be satisfied.

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