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    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
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    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
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EON/Wedlake Bell LLP PAPLOC Now Claimform - old Dual Fuel Energy Util Bill for old property


Jase1982
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Portsmouth.

 

yep..gotta be a mistake

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I don't know what the courts are playing at.  Today I received another letter.  This time in a white envelope with a Northampton stamp on the back saying exactly the same.  I'll ring them tomorrow. 

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I spoke with the courts, re-sent them the DQ and the nice lady said she would make the judge aware I filed it in April.  Apparently their DQ is also submitted, so now I await the next step considering they removed their legal representation and want it decided without a hearing

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which you should object to..

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

On Friday 19th August I received the attached.  Note the letter is dated 9th August. 

I just need assistance fully understanding the next steps.  The letter states to attend a place which isn't the court on the 5th September but then on the next page states the hearing will be in October.  Previously these things have gone to a telephone consultation but we seem to have skipped that phase.  Is the meeting on the 5th in place of the mediation?

 

Secondly, it says that the claimant must pay £180 before the hearing.  Have they not already paid that amount?

Thanks in advance for any advice.

Considering they didn't want to attend a hearing I can only wonder how they'll respond to this.  Especially as I'm yet to receive any response to the cpr request, so I don't have the full documentation they intend to rely on in court.

Adobe Scan 22 Aug 2023.pdf

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So the Sept hearing is whats called a CMC (Case management conference hearing) to determine the way forward. obviously the court is not happy with something even though they have stated the date  of the main hearing for October.

Courts directions must be followed for the Sept hearing witness statements/disclosure of docs by 4.00pm 1st Sept.

 

Andy

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Every claim civil or other requires a statement you are the witness to the facts.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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36 minutes ago, Jase1982 said:

I'm unsure what more I need to disclose though and I'm not relying on witness statements because this isn't a murder trial... 

where did you ever get that notion from:noidea:

1 minute ago, Jase1982 said:

So what do I need to submit as I've already filed my defence?

you read like threads here 

there are plenty of util claimform threads here with example WS's in.

you'd better get moving, you've not long

post it up and we'll check it

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Your defence is just your initial response to the claim to put the clamant  on notice that you will fight the claim. A Statement is a particulrised in depth version of the defence using your own words as to why you have defended the claim.

Complete with a Statement of Truth.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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I appreciate that and i appreciate why you take a hard line with people but you have to understand that people work full time and have home lives to contend with.

All that will happen now is that I'll search for previous witness statements, adapt one that I think fits, I'll post it up and then it'll need to be amended several times and I still won't be any the wiser as to the process and what I'm doing and why.

I mean, am I supposed to expect something from them and what if I don't receive anything from them before the 5th?

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2 minutes ago, Jase1982 said:

what if I don't receive anything from them before the 5th?

You inform the court and they will be barred from using written evidence or possibly have their claim struck out for not complying with the courts directions.

 

Quote

but you have to understand that people work full time and have home lives to contend with.

As we all do but we give our time free also along with contending with above.

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We could do with some help from you.

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34 minutes ago, Andyorch said:

 

As we all do but we give our time free also along with contending with above.

Yes and the advice is appreciated but I've been involved in modding forums before and the onus was always to create a comfortable, engaging, happy environment.

If you don't then you risk people responding by doing the opposite of what you want them to do because they aren't engaged, and that might be why so many threads are left incomplete.

I'll have another look at threads later when I'm not working.

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29 minutes ago, Jase1982 said:

the onus was always to create a comfortable, engaging, happy environment.

I wasn't aware that we didn't but I'm sorry if you feel that looking through your topic and I cant see where that has happened unless its with todays responses.

Hopefully you should receive the claimants statement before the 5th and that can be useful to see the points that they will rely on and you can tailor your responses to counter. If not have a go at drafting a statement post it here in plenty of time and we can tweak it if needs be.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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On 22/08/2023 at 14:54, Andyorch said:

I wasn't aware that we didn't but I'm sorry if you feel that looking through your topic and I cant see where that has happened unless its with todays responses.

 

my comment was because if you respond to people negatively as though they are either lazy, stupid, or ignorant then it has a negative impact and I've read other threads where people have mentioned this.  You probably have a mix of people that don't say anything, or get on with it and have the time to trawl through pages and pages of threads, or some people might have a problem and either air their thoughts or don't and will just not be that motivated to continue posting.

Anyway, I'm thankful for all the help I am given.

Oddly enough, I received an e-mail yesterday from the one guy at E.ON again referencing the previous e-mail he'd sent and again inviting me to review their response to my defence and respond accordingly.  I don't know how this guy even believes the communication is getting to me as I've never conversed with him over e-mail

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:noidea:Just crack on with your statement 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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