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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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can anyone help i am just waiting for a court date so getting my court bundle ready i do not know what year i opened my account with yorkshire bank so how do i know which trems and conditions i need should i write to my bank and ask them to send me a copy although from reading these threads it looks like they are not sending them out to anyone if i ask for a copy and i keep copys of the letters would this be enough to prove to the judge yorkshire bank have not provided me with this information have they got to provide it by law thanx for any advice given

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  • 3 weeks later...

hi hope some one can help i have a court date 8 august i think i have most of my bundle ready but i have never done or been asked to fill in a aq is this ok should i now ring the bank and see if they will settle before court if so what number should i use for yorkshire bank thankyou for any help given

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hi hope some one can help i have a court date 8 august i think i have most of my bundle ready but i have never done or been asked to fill in a aq is this ok should i now ring the bank and see if they will settle before court if so what number should i use for yorkshire bank thankyou for any help given

Yorkshire Bank and Clydesdale Bank and Northern Bank Now that their actual costs and CYNthesys have been revealed by the BBC, claim everything back for as far back as you want. Even if you have already accepted a compromise settlement, go back and get the rest.

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  • 4 weeks later...

i have a prelimanary hearing on the 8 august has anyone had one of these before and if so what will go on will i need to take my bundle with me thanx for any advice

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I never had one, though I know that others have, I would take the bundle with you, just to be on the safe side, that way you can refer to it if you need to, also be ready to answer any questions that you are asked, there is a section on this site where you can do some reading up on what to expect at court.

Reclaiming £2200 from Yorkshire Bank 5.2.07

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Hi goodgirl. Can you post exactly what the letter with your court date says, and which court you are at please. Have you been asked to submit a bundle? If so you usually have to submit it 14 days before the hearing. You may not need it yet, but better to have too much info with you than too little.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hi i had a letter yesterday from court saying my case has been put on hold awaiting outcome of oft test case so i will now have to wait till that is resolved could be some time anyone got any idea how long this may take thanx

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hi because the judge has ordered a stay on my case should i do anything have read about people contesting this is it worth it could it be altered when i phoned court she told me all barnsley case had been stayed to be looked at again in feb if oft case had been resolved

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goodgirl

 

Your position is similar to most people as the courts are trying to block justice for all claimants now.

 

You can appeal to have the stay lifted, but to be honest this does not look very promising unless you have some special reason. This could be living on benefits, hardship, likelihood of other court action against you if you don't get your money back, terminal illness, threat of repossession and so on.

 

The general arguments, based on right and common sense, don't seem to be working in the main. I suspect that you need a case to argue that will make your case stand out as an example of one that really must be allowed to proceed. You also need to be prepared to go to court and argue this out for the judge.

 

Only you can decide, but my feeling is that you are unlikely to lift the stay unless you have some compelling reason as above. Applying to lift will also cost you another £35 and waste more of your time.

Sorry - but that's my considered view based on what's happening.

 

V

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I disagree that a deal has been struck georgieboy. People were winning in court in Liverpool yesterday and plenty of courts are refusing the stays.

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What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi everyone,

I might have a bit of uplifting news if it is as explained to me this afternoon by some nice young man at the Court offices, I have a thread in this forum "Junkimunki V Yorkshire bank", to which I have typed a letter word for word received today 8/08/07 from the YB but had 31st July on letter and took 8 days to arrive by 1st Class post , but I had already complied with an order the Judge set , which gave me 21 days to file and submit my Court bundle to court and to the Bank which I did, then it was up to the bank to do the same within 21 days of my bundle being submitted, which made the deadline for submitting their bundle yesterday 7/8/07 which has not been done.

After phoning the Court this afternoon about this matter and the letter and it's content, I was told that the banks HAVE NOT BEEN TO COURT YET ON THIS MATTER and that to have this passed they must go before a Judge who will then give them a decision, therefore they have not complied with the order, I can now enter a default against them and write and let the Judge know as well as YB of my intentions and the reasons for this. If they then do not settle b4 August 21st, and unless I have heard from the Court I must attend and let the judge know what has happened.

I have also enquired about [2] more claims that the banks themselves on their allocation form under settlement ticked the box to apply for a STAY for 1 month in order to try and settle the claim. Their allocation form was dated 22/06/07, and I have not heard a single word from them in order to try and settle the matter , once again I was told to write to the YB with reference to my intentions and to the judge at court letting him know what has happened and that should the bank request a stay I would be objecting to this as they have already defaulted by not contacting me as stated on their AQ.

Hope this gives some of you out there a glimmer of hope still, as I told the person on the phone at the court it seems to me very suspicious that a 1st class letter has taken over 8 days to arrive and that they stated in a paragraph in their letter that they WOULD SHORTLY BE APPLYING TO THE COURTS TO PUT A STAY ON ALL CLAIMS, I myself thought that this was the reason for the delay in sending the letters, which to me would be another way of prolonging actions that still could go ahead.;) ;)

 

If I have given anyone a bit of a lift you can give me a lift by clicking my scales, brownie points always welcome [ROFLMAO] XX

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Hi Caro,

Sorry for the above but thought that with it coming from The Court this afternoon, it would obviously give quite a few more people a lift this end , and I will click ur scales anyway as you are a source of valuable info.

:grin: :grin:

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Hi all,

 

I too have recieved the same letter from YB, dated 31st July. I only recieved it on the 7th of August stating the same as yours about the stays. It was only 3 weeks ago they sent a letter saying they were reviewing my case. These people are worse than sewer rats:rolleyes:

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HI ALL ,

going to Derby Court this afternoon taking a letter about YB defaulting the order set by the Judge and asking if they can enter Judgement on them for not complying with an order.;) will post outcome later xx

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