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    • Thanks Andy, I need to delve into this a little further to be clear on a few things.   For some reason, I seemed to think the strategy was to ask for mediation on the basis of not being able to make an informed decision (as they haven't submitted the docs I requested).   I also had the view that it was to direct to courts/process rather than communicate/agree directly with Moriarty.   My underlying issue is that I've previously explained my situation to ADCB & their reps, in that I've not worked & what little income I have is taken up by my DMP. I'd be open to discussion to a resolution but they've contradicted themselves several times (or at least their agents have) regarding things like freezing interest or setting up an agreement, instead they want a lump sum. It feels like I've gone in circles so I honestly don't know the best way forward - other than follow the process as you guys have helped with thus far.   I am happy to agree to a stay - if it gives a chance for progress.
    • Hi, I have today received a huge box from Equifinance full of paperwork in response to the SAR. can someone advise as to where I start, it’s quite mind boggling. Thank you
    • Just coming back to this:   The tenancy was contractual - outside the housing act 88 - due to high value.  Not AST.   The contract has a clause that states the Agent is part of TDS scheme.   The TDS advise that in normal circumstances the Agent has 3 months to raise a dispute and pass the deposit over to the TDS for the next stage of mediation/ arbitration.  However, the TDS state that in these circumstances the TA was of too large value and the deposit would not have been covered by their scheme.    That is one query - how can the Agent add a clause saying they are part of the TDS scheme, whilst equally knowing, if there was an dispute, that the scheme doesn't cover the deposit and any dispute?    Secondly, the TA clauses state that the LL has apx 10 days to raise a dispute on any possible deductions to the T.   The T has the next apx 21 days to discuss with LL and his Agent.    Thereafter the Agent will fulfill their duties as deposit stakeholder and return the deposit in full or minus any deductions.   That has not happened.   It is actually almost 3y later.   They are a huge well-known firm, but a local suburb branch.   The LL did some repairs to the property that were never agreed upon by the T or the Agent.  A few thousand pounds worth.  He then sold the property.  In all this time LL has never requested that the Agent send him any funds from the deposit.  To the contrary the T has chased the Agent - not often enough, but T wants the £s back and closure. The Agent is simply sitting on the deposit and suggesting T goes to RICS for advice...  Meanwhile they are sitting on almost 20k deposit - and the TA states the T isn't entitled to any interest!   Just wondering if a well-worded letter to head office will prompt the return of the deposit? The TDS suggest lawyers.  But want to avoid litigation
    • OK thanks for the info, have a great weekend, and thanks once again for continued support.
    • They can represent it again with a better particulars...but they have to pay a further fee.
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rippedoff15

PRAC / BW PAPLOC now Claimform - old Paydayuk PDL

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Don't let your wifes fear of " courtrooms " spoil your chances of putting this to bed.If the debt is Statute barred it matters not how far they wish to go or waste money chasing it...the court will dismiss the claim unless they discontinue first.

 

When a claim is issued on a statute barred debt the claimant is fairly confident the 99.99% of them will be rubber stamped by the court as no one would ever dare defend the claim because most like your wife are terrified of court rooms.

 

When a claim is defended it takes awhile to trickle through to them that they are flogging a dead horse here...but they have come this far and so if they make it look like they are proceeding all the way...you the defendant will get cold feet and start to panic as it gets closer, ultimately you will ring and agree a settlement or withdraw your defence.

 

The next stage of the process is the crunch part...both of you have submitted DQs...now the court will allocate the claim to your local county court...shortly you will receive a Notice of Allocation N157...this contains the courts directions what each party must do by date and what they must file (evidence and documents)...so you see you have not yet got to the stage what is called disclosure.....they dont have to send or disclose any documents until this stage.

 

With regards to your last paragraph...if she fails to attend you give them the upper hand...buts its not impossible to win and not be in attendance....

 

Quote

we have been told they will arrange home visit to funds and property to repay. They even stated when they win the bailiffs will attend the next day.

 

I'm not sure what that is suppose to say I assume you mean they will put a charging order on your property...well as its your wife's debt and if your property is joint...then it will only be a restriction K....which is meaningless in all reality ....if they do win which as stated very unlikely on a statute barred debt ...they won't be attending the next day...it would take 3/4 weeks to get an order of execution for a Warrant...

 

You need to stop listening to " they "...tell your wife to get some fire in her belly and take them on...unless they discontinue after receiving their impending N157.

 

Andy 


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would be nice to see these threats please...


please don't hit Quote...just type we know what we said earlier..

 

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More assumptions or incorrect interpretations rather than threats 


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We have sent off all our paperwork to all parties, now it will be interesting to see the documents they have have and the dates. We have emails from the original lender confirming no payments have been made and they date from 31/10/2013. 

 

So fingers crossed they back down if not when the court have all the paperwork and they see its SB do they close the case or will we have to attend court 

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what paperwork have you just sent off?

 


please don't hit Quote...just type we know what we said earlier..

 

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N180 ?


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The N180 form 

 

Notice of Proposed Allocation to the Small Claim Track 

 

And it states we need to reply by 3rd Feb 2020

 

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so you used our n180 link and did 3 copies and sent 2 off?


please don't hit Quote...just type we know what we said earlier..

 

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Yes 3 copies have been sent to all parties, will be very interesting to see the paperwork from B W Legal, do they forward to myself prior to court day 

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doesn't matter what paperwork they hold

the debt is statute barred.

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Noticed this on the Money Claim but nothing in writing as yet 

 

DQ filed by claimant on 04/02/2020

You filed a DQ on 13/02/2020

Your claim was transferred to our local County Court  on 13/02/2020


Do they send their paperwork prior to court day ?

Also any timescales on the next stage

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you should get a copy of the fleecers N180 yes.

you said no to mediation as its SB'd i hope?

and you didn't give the fleecers your email/phone/sig did you?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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you should get a copy of the fleecers N180 yes. Reply NO

you said no to mediation as its SB'd i hope? Reply Correct NO

and you didn't give the fleecers your email/phone/sig did you? Reply NO 

 

 

 

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Not all claimants serve a copy of their DQ on the defending party.....they should but not compelled to.

 

Quote

Do they send their paperwork prior to court day ?

Also any timescales on the next stage

 

 

Yes .....you should receive the Notice of Allocation (N157) next ...this informs  you of the courts directions on what both parties must do next and by what date...the hearing date etc in preparation for the hearing. 

 

Andy


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Had letter today from County Court Business Centre

 

Notice of Transfer of Proceeding 

 

Just states our local county court details no date states the file will be referred to procedural judge who will allocate the claim to track and give case management directions

 

Details to be sent in a notice of allocation, also states wait for the judges directions ? 

 

 

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correct you've already been told this will be next.


please don't hit Quote...just type we know what we said earlier..

 

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I had a claim last year from PRAC they didn't proceed with the case. I eventually rang the court to be told it was discontinued. Dont worry about it they will not go to court for the amount they are trying to get out of you as they are just fleecers.


prelim sent 8/07/06 for 2300.00

lba sent 24/07/06

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