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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     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.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Thank you! So far it's been fairly straightforward and when I need it, people are quick to help. Now that I've resigned myself to the long waits between anything happening, I actually find myself wishing I could get these people into a courtroom. Can you imagine it?! I want one of those letters from DG that tells me they're confident they could win in court but here's my money anyway - they always make me laugh :D

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I have just phoned my local county court (Bromley) and been hold that AQ fees are now not payable in any bank cases, nationwide, if the AQ has been dispensed with.

 

Also, my case has been referred to the judge for directions but they are referring all bank charge cases to the Mercantile court at the Royal Courts of Justice, so I should be hearing from them next! The lovely lady also gave me the phone number of the Mercantile court in case I had any queries.

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  • 2 weeks later...

Not yet - I haven't even had any correspondace telling me the case has been transferred to Mercantile - I was told this when I called my local court to find out whether the AQ fee wsa payable.

I phoned the Mercantile Court this morning and was told that they now had a bocklog of 180 bank charge claims which they are trying to get through so it could be a little while before I hear from them. Judge David Mackie is in charge there and I guess him and his staff are sick of these claims, as most courts are. I'm glad he's spoken up in the media.

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I've just had a court date through of August 24th at my local court, despite being told it was being transferred to Mercantile. I called the court and was told it might be bacuse my local court was closer to where I live!! I politely said that most people's local courts were closer to where they live than one of the few Mercantile courts in the country. I was then told that they don't know why it was been given a hearing date there because it should have definitely gone to Mercantile. They've had to raise a query with the listings department. I don't mind where it is but firstly I want to get my info correct when dealing with DG (already told them it's likely to go to Mercantile) and secondly - August 24th?? That's 3 months away!! I know that I would get a faster hearing date at the Mercantile court. 3 months?? I have been patient up to now but my patience is wavering today. Must be the heat.

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  • 1 month later...

I've been off the forum for a couple of months - my court date is looming and my court bundle needs to be submitted by Aug 10th at the latest. What's the latest trend (if there is such a thing) with regards to DG making offers? Is there any point me trying to contact them (considering they haven't responded to any of my letters)? Do they tend to wait until the bundle has been submitted (I would obviously prefer not to get to this stage)? What's the latest?

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Isn't that just nice of them - contributing to the felling of millions of trees to make the paper which will just go straight in the bin once they make an offer. Clearly have no social responsibility either. Thanks for the info Pete.

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Just sent my second nudge letter and have not received a response from either HSBC Service or DG. The lovely lady at the post office did mention that the two week strike at Royal Mail has started so expect a delay on them receiving my "recorded" letter.

 

So will starting to prepare the court bundle on Wed 01 Aug 07 and post it on Monday 06 Aug 07 so they get it before Friday 10 Aug 07.

 

Guessing we won't receive there court bundle on the 10 Aug 07 and then apply for a strike out. What a waste of paper. And they keep advertising how green they are. Ha Ha Ha.

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Funny you should say that - my last letter to DG (sent yesterday) told them they were making a mockery of their client's social ethos to create a 'greener world' by making me print out multiple copies of the court bundle and how embarrassing this would be to HSBC. Different tact, see if it gets me noticed!

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Hi Noddy - hearing is 10am but I haven't heard anything from anyone! I'm not even sure what the situation is at the moment with regards to the OFT test case with the banks. I think I'll just submit the court bundle as planned and see what happens. How about you - any news yet? What time is yours on the 24th?

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If you do have to attend the court hearing, please ensure you take a copy of the template in post number 2 from here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html to court with you - just in case. ;)

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