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    • Excellent news! Thread title updated. Please do consider a donation in light of the help received here. The help we give is free, but try telling that to our server hosts!
    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
    • I have contacted the sofa shop who are sending someone out tomorrow to inspect the furniture. I suspect if anything a replacement will be offered although I would prefer a refund. Few photos of the wear in the material, this is how it was delivered.  
    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
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Landlord Court Claim, WS due in today, no letter before action - claiming £4500 floor damage


purplenora

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Hiya,

I am helping someone with a. Court claim against them. In short it’s their old landlord taking them to court for £4500.

There were disputes after leaving,  and the final months rent owing, which the landlord has since taken the bond which covers that.

He is also claiming for a number of things, including full new flooring downstairs as he said the old was scratched, it was also very old, older than 10 years. My friend had lived there for 6 years and it was old when he moved in and noted that there were scratches on the floor in the inventory. I know that he would only be allowed to claim a portion of that as he is not allowed to benefit from betterment, but I am struggling to find the litigation to back that up.

also, he never issued any letter before action, the first my friend knew of this was the court paperwork. He submitted his defence etc in time, and though I’m sure it wasn’t great, and definitely wasn’t worded in Any legal sort of way, it was in.

He now needs to submit his witness statement by 4pm today. He’s requested an extension due to not having received the sar from the letting agents which means he doesn’t have all the info he needs to submit. But he hasn’t heard back from the court so needs to do something by 4, which I am trying to help him get done in time,

can anyone help advise how to argue that there was no letter before action please?

I know it’s an issue, but I don’t know how to argue it for him and can’t find anything when I’ve searched on here. Also, can he win with this?

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The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

Topic moved to General Legal Issues Forum.

 

Andy

 

.

 

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  • AndyOrch changed the title to Landlord Court Claim Urgent help please, evidence due in today, no letter before action

Yes that's your first intro point. Take a look around at some examples of witness statements to form and layout. If you refer to a document within the statement you must mark that paragraph with " See exhibit number xx " after that paragraph/sentence, and attach all the documents to the statements.

Statement must be finalised with the current statement of truth.

  • Thanks 1

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Thank you.

 

I know this is a huge ask, but if I get this done in the next couple of hours would you please take a quick look at it for me before I give it to him to submit? 
 

also, the lack of pre action protocol, is that likely to be taken seriously by the court or will they brush it off?

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Sure no problem...although the content will be yours I can check its compliant with CPR. Lack of pre action protocol can have have  an adverse effect on the claimants costs (if awarded) with regards to costs should your friend lose the claim.

We could do with some help from you.

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  • dx100uk changed the title to Landlord Court Claim, WS due in today, no letter before action - claiming £4500 floor damage

have you not got the landlords WS yet with photos showing the damage before and after your friends tenancy period?

if no claimants WS yet might be best to wait or it?, see what cards he has?  or you have and there is no photos then the claim ain't going no where......

he must produce evidence.

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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He has received the landlords witness statement, and there is photos of scratched flooring. However there are no before photos at all, and they were definitely commented on when my friend and his family moved in

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THEN MAKE SURE you lay the fact of no pre photos on thick in your ws and that it was noticed when you moved in.

has the claimant included their pre agreement report on the place before he rented to your friend? if not point that out too.

where the proof the damage was not present upon rental start...

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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  • 6 months later...

any news...

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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  • 1 month later...

Sorry I didn’t think to come and update this. 
 

the outcome was that he went to court.

Apparently the judge told the landlord off for not sending a letter before action but did nothing about it.

He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for.

The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.

However, I’m back asking advice now.

he made an offer of payment via the court forms, sometime before Christmas straight after the hearing. The landlord didn’t reply, the court accepted the payments. My friend has been paying the £10 a month each month.

Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan.

The letter is marked as received by the courts in December and this is the first that’s been sent since then.

My friend and his wife are now panicked, what does this mean?

And can they now get bailiffs sent round?

He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more.

What will happen at this hearing and can they send out the bailiffs - just because the landlord wants them to? 
I have no clue what to advise him,

can you help at all please?

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2 minutes ago, purplenora said:

However, I’m back asking advice now. :-DSo he made an offer of payment via the court forms,

If it was done via N245 and the payments are up todate then the landlord must make an application with fee for a redetermination.

Can't execute with bailiffs can't do anything until he attends a hearing and presents his arguments    ignore.

Andy

We could do with some help from you.

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is there a chance that the judge might send bailiffs?

The landlord’s argument is that a payment is a waste of time they should just send out bailiffs.

I’d thought that if the judge agreed to a payment plan then there was nothing more the landlord could do

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cant just send in bailiffs no. end of the matter

the judge has to agree to that. and i doubt he will.

why doesn't he stick in an N245 and nail the LL in his box.

what is this hearing for?

1 hour ago, purplenora said:

Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks

scan the letter(s) 

variation of judgement or what?

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’ve no idea, it’s just a court letter saying Notice of Hearing of Application at the top, then the details of claimant and defendant. 


There’s a second photocopied court letter attached which says creditors Reply to Debtors Application to suspend warrant of control.

This has ticky boxes on for accepting or not, and a separate letter from the landlord.

I will scan them both in

Creditor's Reply to Debtor's 2.pdf

I hope that is legible I’m not at home so only have my phone and it made me convert it to word then pdf and the end went a bit weird and it split the first over a couple of pages

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right so this is a little bit further down the line than first posted about.

your mate did put in an n245 and it looks like the LL is objecting to the sum offered, and a hearing has been called.

im not too familiar with this so ill let @AndyOrch explain things more clearly as what needs to be done, if anything.

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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Share on other sites

Have to attend the hearing and present evidence of his financial position (income & expenditure) and  statements ,and agree an acceptable payment plan with the judges guidance. 

It will be a form of redetermination hearing as already stated.The court will not agree to bailiffs if the financials do not reflect it or assetts are minimal.

They just want to determine his true affordable disposable monthly figure....which will not be £10.

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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His financial situation isn’t great, and the landlord has made lots of things up. The things he’s put isn’t true at all. My friend did tell the full truth with incoming and outgoing, I helped him fill in his form and he checked bills etc. to make sure it was right. His wage is ok, but not as good as the landlord thinks it is,  and he doesn’t have anything spare. How much are they likely to take from him? Should he send any reply? 
the letter just says to take the court letter with him. 

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Nothing to stop him preparing a statement in response to the application and reasons as to why the warrant should not be approved.

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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I would file it earlier (7days) and serve a copy on the claimant/sol if represented 

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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