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    • 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.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Oh The Audacity of DG


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awwwwwwwwww bless freaky.. well the good thing is no lasting damage was done to the eye. but you havent mentioned your hand!!! or do we want to know what they did to that.............lol

 

what did freaky scream..... oh thats nice do it again.lol

 

Erm Pete me thinks you really want my hat..........:D;)

rockin all over the world

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Yes I do know and it it very good, cos I always read em. in the hope of learning somehting.............:D and as per usual am sitting waiting the arrival of the postie.........but we all know the answer dont we!!!!.. and if I am not mistake on the news this am they said there was going to be another 24 hours strike from tonight!!!!... oh dear what a pity as I leave tomorrow aft for cornwall:D :D and come back on the 22nd, which is 2 days before DGs submission deadline........lol

 

Are they going to keep it? No. are they going ot make contact NO.........lol.......... have letter already for the court to be handed in on the 25th july asking for their defence to be struck:D anddddddddd she has a letter already drafted to take with her should she actually have to go to the court on the 7.08.07 , having added wasted court cost to this am claiming 50 hours at 9.25 per hour.......

 

My thinking if they leave it that late they will have no option but to sign cos otherwise it goes in front of the judge and will let him decided about the corts cost part......... phewwwwwwwwww that was a long one........

rockin all over the world

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Auburn, go pack your wetsuit and surfboard because nothing is going to happen while your away.

 

You get back 2 days before DG's submission deadline and they will be late anyway so I would call that perfect timing to stop you panicing all over the place .

 

If you get board while your away you could always play spot the Crusher he lives down there somewhere, shouldnt be too difficult to find a green darlek

 

pete

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Why thank you so very much Pete, I am not panicing.... just airaited... ohhhhhhhh i coudl rip a tissue...........it is extremely bad manners to say the very least........ anyway enough of that.....

 

Well perranporth is the surfers paradise ............ ohhhh young men in wet or dry suits.......:p

 

Popped into the court today to ask if they fail, what would the best course of action be... very nice young man said.......... write to us and tells and if you wish ask the judge to strike their evidence. he also said as they sometimes submit late!!! really well hush ma mouth!!! you could ask that it not be allowed on the ground it would seriously disadvantage you......

 

I am actually looking forward ot them missing it. cos I have the draft already and as soon at 1pm arrives........... off down the court I am to submit it......... cos the mail will have been by then as will special delivery if they choose to send it that way...

 

Just dont like leaving things to the last min like ot be organised.............lol

 

Green is my favourite colour, will look out for him:D

rockin all over the world

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Thanks PD am sure going to try:) weather is light rain, few showers, heavy showers, rain,rain, scattered showers, light rain........so looks like good weather........lol......

 

Son is taking his laptop but not sure is there is wifi where we ae going or not, and my friend is going to come in and check for mail, just incase an envelope arrives from birmingham hahahaha,....

 

Thanks lattie, its sucha lovely place it doenst matter about the weather......

 

Glad the hand and eye are better Freaky, awww shame about the pc, well look at it this way thats youhad the 3 accidents..........lol

 

Now that would be lovely Freaky:D might have time to pop back today before I leave.......:)

rockin all over the world

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  • 2 weeks later...

Good afternoon everyone, back for cornwall. and what do you think??? have DG served me with thepapers they were ordered to???? bearing in mind their deadline is the 24th July.........

 

Holiday was good, weather not really that bad until I tried to come home yesterday!!!!! ........

how is everyone?

rockin all over the world

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lol yo win 1st prize PD nope not a dickie bird............. so tonight and tomorrow I will be typing my letter for the Judge, askign him to strike it and award me the judgement....... I read a Bril letter just before I went away. but can i find it??? nope should have marked the posting I know....... and thanks for the welcome back........:D

rockin all over the world

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is it the one rob used - i've put that one in the aq threads - post 1

 

 

this one?

 

ok, at this point i'm going to insert a letter that rob-the-viking wrote - he wrote this to his local county court and received a court date shortly after - so it may have moved things along - tweak it to your own details - here is the letter:

 

Address

 

You Vs HSBC

Claim No

DATE

 

 

 

Dear Sir/Madam

 

I write to bring to your attention to the fact that the above claim has been waiting for action on the part the defendant for quite some time now.

 

Over 5 weeks have now elapsed since the deadline for submission of Allocation Questionnaires, and as of xx/xx/xx the defendant has yet to file theirs. In my opinion I believe this to be totally unacceptable, with the defendant showing a severe disregard for the clear instructions set out by the Court. Therefore, I respectfully request that the defence be struck out on the grounds of abuse of process by the defendant.

 

In my attempts to resolve this matter without further misuse of the Courts time, I sent the defendant a letter reminding them of the aforementioned deadline dated xx/xx/xx. Please find a copy of this letter attached, also attached is proof of both postage and receipt, via the Royal Mail’s recorded delivery service.

 

Should you need to contact me about any matter that may arise in this case, please do not hesitate to do so using either the above address or phone number.

 

I look forward to hearing from you.

 

 

yours faithfully

 

Your Name

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wooooooooooooohoooooooooooo close of business and not a dickie bird out of DG....... they have failed to serve on me the request ordered by the judge on the 15th may........I will now file for the rejection of their defence ........:)

rockin all over the world

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ok here is the draft for the court as DG failed to serve by the due date what do you think????

I write in relation to the matters as detailed above, and specifically the order in proceedings made by A Proper Officer on 15/05/07.

Since you wrote to the defendant with regards to the claim as detailed above, they have to date, made no attempt whatsoever to engage in dialogue, and all of our letters to them over the past 4 months have not even been afforded the courtesy of an acknowledgement.

We are aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily. We first contacted HSBC in January 2007 and it is now July 2007 and feel that 7months is more than a reasonable length of time and as such accordingly, I hope the court will be minded to consider the following case management proposals, and respectfully request that an order may be made as follows

  • That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.
     
    On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.
     
    Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

Please find attached a copy of an order made by Lincoln County court, in at least 6 cases similar to my own, in which Abbey Plc were the Defendant's. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer

I would aver that if the Defendant has the serious intention of defending this claim at trial, as is indicated by its defence, then it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature.

We ask the court to award judgement in our favour given the exhaustive lengths we have gone to in order to resolve this issue without the courts involvement and the defendant’s blatant refusal to adhere with the court order of the 15th May 2007.

We ask this matter be treated with urgency as the court date is the 7th August 2007 as we have until the 2nd August 2007 to make any representations to the Court we may wish to be considered in the Preliminary hearing, obviously if the judgement was awarded in our favour there would be no requirement for this.

rockin all over the world

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Aubern, I am in a similar position to you. DG have not sent any details to the court or myself and their 14 day deadline was up on the 11th July. I have written to the judge requesting that the case be struck out and when I phoned today the clerk is informing me that they are 4 weeks behind with their cases so very little chance of any action before the hearing. So it looks like it wait and see time and hopefully sooner than later an offer will arrive.

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well am taking it that by the announcement on this evenings news I can for get settlement between now and the 7th august then........

 

I have to say I am VERY disappointed in the OFT, they have had months and months to do this , why all of a sudden right out of the blue?? and exactl;y what kind of deal have they struck with the banks?????:mad: :mad: :mad:

 

What is even more infuriating is those os us who instigated court action 4-5 months ago still not settled and others being settled within 2 months recently!!!!

 

Yes I am ****** off.............. and dare say am not alone ........

rockin all over the world

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Auburn, what is the likelyhood of any test case going in the favour of the banks? Do you think any judge would look at the facts and say " oh yes I do think you are justified in charging £35.00 for someone exeeding their o/d"

I don't think it will happen do you? As pete has said on another thread, at least you will be at the front of the que when the hand out begins, if your judge decides to stay the case pending any result of a test case.

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I would think the OFT and the Judicary have turned round to the banks and said if they dont get their arses into court room for a test case every defence will be thrown out for abuse of process, or in other words they would have to pay everything to everyone.

 

This way the banks might have a chance of limiting some of their loss, I just hope the OFT dont cave in.

 

pete

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