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    • Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
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NWB Defence - Please help.


Hobson30
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Neither good nor bad to be honest! The Judge has stated in the letter that either party can apply at any time to lift the stay, so make sure he/she gets your letter nice and quick! x ;)

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Help with Part C N244 please!

 

In the statement I need to change the first part of the alternatives as the court has decided on the stay without the bank requesting it. Can anyone sugget alternative wording?

 

(In view of the preceding paragraphs, if the court accedes to the defendant’s application for a stay notwithstanding these objections, I respectfully request that the court issues the following injunctions)

And can I double check that this is the only part that needs changing. I have read through and can't see anywhere else that needs changing.

 

Also on the guide to filling in N244 it says that I should put any other supporting evidence. What other evidence do I need?

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Hi hobson

 

what about - "in view of the proceeding paragraphs, if the court denies this application for a removal of the stay notwithsatnding these objections, I respectfully ...."

 

I don't think any further evidence is necessary

 

 

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Attachment 1A is the above post (Section G - Other Information). Attachment 1B is the Sample List of Settled Cases. If you go into the Litigation forum on the main forum page, you can print off a sample list of cases by entering appropriate search details (if you use font size 8, you seem to get a better printout!) Attachment 1C I have at home - I can PM you with this later.

 

Hedgey x

 

Can you sen dme or send a link to c and d ie hackney and lincoln court case regarsd Gaz

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Best of luck hun - I hope the Judge lifts the stay. Let us know what happens x :)

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th_crossedfingers.jpgth_23_33_15.gifth_hand-cross.jpg

 

 

 

GOOD LUCK>>>>>>>>>>>>>>>>>>>>>>>>>>>

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Well we was supposed to be in court today but up until yesterday we had not heard anything from the court about them lifting the stay.

 

I had to call the court yesterday to find that they have'nt even looked at the application yet. I guess we just wait and if they lift the stay they will set a new court date.

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  • 3 weeks later...

:) Got a letter from the court this weekend. They stay has been lifted.

 

We have a new court date of 29th Nov.

 

I will type the letter up later today and post on a thread as I do not have it with me at the moment.

 

I hope the OFT case does not effect our case.

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Hobson,

I think getting the stay lifted is a great achievement and hopefully the bank will settle before hand. Good luck with that.

I have my stay hearing on the 25th Sept. Not sure how to play it really. Could i ask how you argued yours?

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Well done Hobson congrats. can I be a pain and ask if oyu could very kindly give us your claim ref number. my own stay hearing is in 5 weeks. and would add so much weight to not only mine bot everyones if we coudl quote a case ref no...........

 

the more who do it the largethe list will get and it will benefit all..... again well done:):):)

rockin all over the world

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Hobson this is great news! :D :D

 

Well done for sticking to your guns and persisting with this............. you've got a great result here! :D

Can't find what you're looking for? Please have a look at Michael Browne's

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th_thumbsup.gif

th_Welldone.gif

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Hobson,

 

Great to see the Stay lifted and good luck for the new Hearing date.

 

Slick (heard of this over in Barclays)

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Hi Guys,

 

:mad: Really Gutted, I have found out that the letter the court sent out was just for a hearing to get the stay lifted not a full hearing.

 

So I am sorry to dissapoint u all.

 

The letter we got back just said please attend court on 29th Nov @ 2pm we just thought this was our new date. But I got an email from someone else who read my thread and he/she has received the same letter with the same date. So it sounds like the whole of us claimer's in Sheffield who has asked for the stay to be lifted will be there on the 29th Nov.

Can someone also clarify what the cost was for the N244 to be sent in cause I only paid £35 and Waxsyd the other person ive been speaking to was told they had to pay £65! Surely this is wrong to charge 2 different charges for the same thing, isn't it?

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