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    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
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Winderbray/JCF PM/PCB Lawers Claimform - Service charge arrears - Refused Payment Plan - Now N244 for SJ+Strike Out.


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Just because they intend to make an application doesn't mean they'll get it.
 

We could do with some help from you.

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Ok understood.

I will post up if anything comes in the post next week. 

In the meantime is there anything that we need to do / prepare ?

Our next deadline is 16th May.

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you should hear from the court with an allocation to track and what the next steps are.

We could do with some help from you.

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Even the solicitors admit they haven't complied with the pre-action protocol.

I don't think the defence for non-compliance being "The defendant knows what the case is about" will wash.
 

The likelihood of them getting a summary judgement without complying to pre-action protocols (and admitting as such) is very low.

Looks like they're happy for mediation also.

 

We could do with some help from you.

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I will provide an update once I receive any further letters regarding application for SJ, and will post up any redacted version.

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Today we received a copy of the claimants N244 application for Summary Judgement. I have uploaded a redacted copy.

Outstanding amount is wrong as mentioned before and no mention about the incorrectly caculated and duplicated interest under section 69 within the PoC mentioned in our defence.

Looks like they want our defence struck out.

The claimants solicitor asks us to acknowledge safe receipt.

The envelope was already open when it arrived (I guess was not stuck down properly).

N244 application for summary judgement.pdf

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we also need aLL the exhibits too. please.

you dont respond to them no.

thread title updated.

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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  • dx100uk changed the title to Winderbray/JCF PM/PCB Lawers Claimform - Service charge arrears - Refused Payment Plan - Now N244 for SJ+Strike Out.

Of course they want your defence struck out, you're causing them a problem and making them do actual work! These solicitors (across the industry) don't actually expect you to defend and their entire timescales sold to their clients don't even mention if someone defends a claim. It's why they think they don't have to abide by the Pre Action Protocols etc 

I agree with dx that you don't respond.

Your arguments in mediation and witness statements will be that you offered a reasonable and costed payment plan to clear the arrears and it was refused. You're also not sure that the correct procedure (re: Section 20 notices) were correctly followed and that the claimants solicitors refused to provide any details of this.

We could do with some help from you.

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There'll still be a court hearing for a summary judgment, it'll just be a lot simpler.

You'll also both have to put your positions to the court which may be an advantage if summary judgment is denied.

However they're yet to send an N244 form and actually make the application (which will need to include the named exhibits) so nothing more than bluster to throw you off at this stage.

Is that all that was in the bundle, was there no court application forms etc?

We could do with some help from you.

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That changes things.

You'll likely have to write to the court objecting to the application.

You'll have to start drafting a Witness Statement. We'll need to make sure it shows that the issues are complex enough that it's obvious that it can't be decided in a summary judgment hearing.

The courts will be able to confirm this, obviously don't respond to the solicitor.

@AndyOrch will likely be able to advise on nitty gritty details for the courts.

We could do with some help from you.

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Ok understood.

I will probably need help with this please.

I am just about to go to work so might not be abld to go online again until later or tomorrow.

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your witness statement will be your detailed defence.

Similar points to what you said in your defence but you'll need to reference evidence (exhibits) and go in to A LOT more detail.

Start drafting one up and we can help you tweak it etc.

You've got plenty time yet :)

We could do with some help from you.

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When you get chance a copy of the draft order attached to n244.

Have they not attached a WS in support of their Application ?

Andy

We could do with some help from you.

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I will read up on Witness Statements this week and look at some examples to understand the structure.

I will attempt to draft one over the weekend but would appreciate any help or guidance.

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Hoping to start working on this today.I think I still have plenty of time ?

Nothing further has been received in the post yet.

Unfortunately my mother had a fall on Friday so had to be with her over the weekend but coming home later.

Have been looking at Witness Statement examples but can't find any examples similar to our situation.

I will post something up as soon as I can but might be a bit delayed.

Appreciate any help and guidance.

 

 

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Use the initial defence as a basis.

Go into much more detail about them and include examples and provide evidence re:

failing to issue PAPLOC/abide by PAP (By their admission on directions questionnaire)

abuse of court process by double charging interest

how the arrears were built up (Multiple Major Works in a short period, not sure if S20 was followed etc)

refusal of a payment plan

without admission of liability, payments were still being made

they've been unwilling to prove their allegation that the money was owed and instead wish to strike out your defence.

Essentially you want to argue why the court claim should never have been raised in the first place, or at least that the issues are so complex that it can't be decided via summary judgment.

We could do with some help from you.

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Hi Lolerz

Many thanks for your guidance. That gives me a base to work on.

In terms of time we still have plenty ?

I want to spend a bit of time on this ove the coming days.

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