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    • Hi Dave2019   That response to your councillor is short and direct so lets see how your councillor will act with Platform.   I think you have noticed that Platform are not telling the correct facts to news article/MP/Councillor which is absolutely typical of these Housing Association to always give there version of events to make them look as if they have done everything by the book to make them look good we haven't done anything wrong.   This is when you challenge them as you have done and throw there own Customer Community Engagement Strategy in there face and you keep doing this with what I have pointed out in post#67 (as a reference).   The more you do this the more Platform are not going to like it as it impacts their own Customer Care Policy, Complaints Policy and that specific Customer Engagement Strategy as these look more like just a paper exercise to make them look good but putting them into practice they are not just failing but are in fact Breaching those Policies.            
    • Ok! I think it's about there, I've added those final points. Thanks again for looking this over!   Px CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT XXXX WITNESS STATEMENT OF XXXX I, xxxx of xxxx, being the Defendant in this case will state as follows;   1. The Witness – xxxx states in point 3 that:   “It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.”   This in not true. I have never entered nor admitted to entering into an agreement with the claimant.   2. The default notice mentioned in point 6 was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the last written acknowledgment of the debt on 30/12/2012 by myself. Thus, the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.   3. In point 5 xxxx states I was issued with A Notice of Assignment on 22/11/2013. In point 6 he states that a Default Notice was sent to me on 04/03/2014. In point 7 he states I was sent a Termination Notice on 26/04/2017. In point 8 the legal proceedings and transference to Drydens solicitors took place without my knowledge.   I received none of these notices or assignment. It has now come to light that they were all sent to an address I had not resided at since 2001. The Student Loan Company was aware of my current address at the time that the alleged documents were sent.   I have always kept the Student Loan Company informed of my current address.   4. In point 18 the Claimant claims the Termination Notice issued on the 26/04/2017 was the cause of action, this is patently untrue - the termination notice does not determine the Statute of Limitations date.   Pursuing a debt after a 6 years is clear breach of OFT guidelines and CPUT.   5. Addressing points 21,22 and 23 - the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice within the 6 year limitation period therefore breaching the rules of the Consumer Credit Act 1974 section 87/88.   6. I the defendant, contend that the Claimant's claim so issued is a claim in contract and
is STATUTE BARRED pursuant to the provisions of section 5 of the Limitation Act 1980. 
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.   7. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
   8. The defendant’s costs in dealing with the claimants default judgement and their set aside application to be paid by the claimant within 28 days.   (a separate costs sheet is attached).   Statement of Truth   I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: xxxx Dated: 17/05/2022   Costs Sheet Cost of N244 application form: £255.00      
    • Hi   I hope you are keeping as well as came be expected during this. and even if you want to rant here about this If A2 are still ignoring your letters/emails then that the Housing Ombudsman is now looking into this matter and have requested your evidence so far of their failure in Customer Cara and more importantly their own Complaints Procedure by failure to acknowledge letters/emails.   As you have already spoke to the Ombudsman I would contact them again and just explain to date A2 are still completely ignoring you with your complaint and you take this as a Breach of their own Complaints Procedure.   You look after yourself and even if you just want to have a rant about this to get this out your system you know where we are.    
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Squarebob v A&L


squarebob
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BEST OF LUCK OL' CHAP!!!!!!

STIFF UPPER LIP AND ALL THAT.

You are well armed, go in Guns Blazing , well maybe with flowers stuck out the ends !!

I am sure you will charm them all, as you have done us.

Love KayX

We'll all be thinking of you.

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Squarebob

 

Did not realise your court case was tomorrow!:o

 

 

I really hope it goes well for you - I am sure you wont let them get a word in edgewise:rolleyes:

 

Sorry the nudge did not work:mad:

 

I will be checking in at all hours tomorrow to see how you have done - fingers and everything else crossed for you

 

 

Jan:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Well Ladies,

Thank you all for your compliments and best wishes.

I have been up before the dawn of time making sure that all the i's are dotted and the T's crossed. I'm not that good with the 'Verbals' but will try to be nice in court. All that is left is to find something to wear.........apart from just a tie. Thinking of giving A&L a telephone call when I arrive at court this morning as I shall be there at least an hour ahead of time just to see if that shifts them into doing anything.

 

Speak to you all later

 

Squarebob xxxx

 

P.S. Should take a few spirits in with me! ;)

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thinking of you

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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where are you Sb?

 

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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me-thinks things did not go well today:(

 

just have to say its pot luck at the moment and hope he is not hiding away with the fairies:(

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Nearly Final Post

Sorry to have left you ladees in 'SUSPENDERS' but yesterday really was a 'Foregone Conclusion. I, having stuck to the Judge's directions, had carted my weighty bundle across town in a pair of new shoes that cut into my heels, before I was halfway there, I was in agony. When I duly arrived at court, just as I got to the front desk Wragge's phoned, they said this was in return of my call on Thursday, I told them to start talking, they said we have an offer of ****** which was half the amount that I was claiming and did not include the court fees. Having done my homework the night before I told them what my charges were, court fees and then court interest, I even told them that I had dispensed with the original Compound Interest thus saving their client's some money. All I got in reply was this is our 'Final Offer', I was tempted to tell them where to put their offer, but I thought that I would leave the door open just in case. I was also tempted to telephone A&L to see if that would bear any fruit, but after Thursday's performance, decided not to to. So I sat in the waiting room from 9.30am to 11.30am, no more calls from Wragge's or anbody else, no representive from Wragge's was there either, there were only 2 cases for A&L, the rest being for the other banks who had counsel representing them (the banks). Counsel for Lloyds basically went around telling everyone claiming against Lloyds why he was there and that he would be applying for a 'Stay' and this would be granted in the light of the impending test case, he also gave them the choice to go or stay, they all stayed, hoping to have at least some say in the matter,but this was not to be the case as each came out with a glum face. All the Counsel's even got together to decide who would go first, but that was decided by the Judge who ordered that the one with the most cases would go first. A&L were finally called, and two minutes later the Claimant left, then it was my turn, in I went, paid my respects to the District Judge and apologised for wasting the courts' time. All the while the judge was talking and I knew straightaway that I was there to listen not to talk. Each time he paused. I threw my bit in, the first was in reference to the OFT Claim being based around the 1999 Unfair Terms Act being brought about because the banks had changed their terms calling charges etc fees. the 2nd being that as most of my charges were pre- this change I was in breech of contract therefore it did not apply to my case. I might as well have been talking to myself, as the Judge just said that by applying the stay, if the claim went against the banks that would be a point in my favour as I would not have to appear in court again. I kept my cool and ploughed on, could I not say anything in mitigation of my case? the answer was, basically, No. I then mentioned Strilking Out my claim, why? I was asked, because they, the defendant had not complied with Judges directions etc, and that they were just basically cocking a snoot at the law and should be brought to heel I said. The Judge looked at me and just said the following; I have ordered a Stay until March the 28th (I think), I have given both you and the defendant the right to ask for the stay to be uplifted (some Judges have refused to do this), I have also given the defendant the right to extend the stay beyond the end of March. He also said I am most impressed at the way Claimants present their bundles into court I wish that others would do the same, he then told me to take them all away, one ring binder and three A4 folders! saying that I was to keep them and update them as need be and keep them ready incase they were ever needed again. I could not hold on anymore, and through gritted teeth I said that I had complied with the Judges directions the defendant had not, I felt that I was being hard done by and the defendant had gotten what they wanted and no rap on the knuckles. I was then told that what was being done was for the best.

 

So I bade the Judge a good morning and staggered out with double the load I went in with. Down to the 2nd floor I went, where I was to put in my N244 to have the Stay Uplifted, the paperwork having been gotten ready the night before, complete with a 6 page statement and 12 other attachments. I was looked at curiously as I stood at the front desk as one could see I was too well dressed to have come in from off the street, so the question was asked "Have you just come from upstairs"? I just said yes, "and do you have the necessary paperwork"? Yes, I said as I slammed it down on the desk. I was told that it would be best to pay £65.00 now, rather than later, although I had applied for 'No' hearing, I was told that probably the judge would want to see me, so paying the £65 now, would save them sending a letter out to ask for the other £30. I asked what would happen next, I was told one of three things, 1) the Judge would look at my documentation and approve the Uplifting of the Stay, 2) the Judge will want a hearing, 3) the Judge would not approve my request to have the Stay Uplifted. Asked when the paperwork was going upstairs, I received a nice smile and told ...NOW...

 

So ladees I'm still in Limbo, no closure means more sleeples nights, like something else in my life, this problem also refuses to lie down and go to sleep.

If you are wondering what happened to me yesterday, I went somewhere and did a bit of D.I.Y rather than kicking the cat/dog. End result was that I spent a sleepless night as cramp grabbed every part of my body.

 

 

Farewell for now

Squarebob xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

:) though My Heart is Aching and my wallet is empty

 

PS. Whenever and if ever any paperwork arrives I will scan it and try and post it on my thread.

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Life sucks sometimes, doesnt it? My heart goes out to you, and others at this stage. All that work and the defendants to treat us like fools, knowing they have the system on their side.

At least its not over yet, and it may be for the best in the end?

Have a restful week-end and bring your energies back up!

By teh way, how are your alter egos managing with all this????

Love KayX

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hi squarebob

 

Sorry you had to go all through that just to get a stay - if thats what they were going to do they could have done it all by letter and save you a wasted trip.

 

So really you did not have a chance to argue against the stay - but do you think there is anything else you will be able to say at the hearing to change the judges mind?

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Come back fighting squarebob - thinks judges are taking a bit of an easy get out with stays, they must be fed up with the amount of claims against said establishments and their lack of 'commitment' to the end. Still makes me feel a bit shakey as could really do with the offer money but!!!!!

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10013078~Alice-and-the-Jury-Posters.jpg

 

oh dear squarebob,

 

so sorry to hear about the bad day you had in court yesterday.

try not to get too despondent.

 

I would have liked to have seen the judge's face when your application to have a stay lifted was deposited in court within minutes of you leaving !

 

back of the nettttt !!!

 

take care

 

alice xxx

 

ps.

you might not have got blisters if you had worn your sling-backs around the house first......

chin-up squirebob - we're all here for you !

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Good morning Ladees and any gentlemens who might just be tempted to pop in on this wild and wicked thread.

 

I hope you like my family picture?? I decided to put an end to all these wanderings of the mind and come out of the closet (so to speak) by having a picture to constantly remind me of who I am. The 'Blue Pills' that I have been prescribed are doing wonders for me, I am starting to feel quite 'Perky' again.

 

Getting back to my "Should have worn a better pair of shoes day". I had already contacted the court several times asking what was going to happen, the last being the 12th, when I had with me a filled in N244 if a 'Stay' had been put in place, and another statement in protest at a 'Stay'being applied for. On every occassion I was told the very same thing about turning up etc on the day as normal blah blah blah. They knew, the banks especially A&L knew, what was going to happen on that day. So how much simpler to have told us all the truth, it would have saved us making fools of ourselves, wasting our time, shredding our nerves and saved my heels from getting rubbed to death.

 

In the waiting area, which was B I G, everyone, as usual, sat as far apart as they could from each other, even the barristers representing the banks, each one sat in a different corner of the room until 'Rumpole' of the Bailey introduced himself to one counsel, then the rest followed suit and they then all ended up on one table discussing everbody's case, no secrets amongst this lot!

 

The lady next to me told me that she had logged onto a website the night before and it was posted on this website that all claims at this court had been stayed, from when it did not say. I felt sorry for her as her claim should have been done months ago but due to an error in her address it had been sent to the wrong court and just stayed in limbo and to make matters worse she had already done several claims successfully for family and friends and hers was the last and now was being stayed. So, as they say, "Worse things can happen at sea".

 

So, I have paid out all I hopefully have to, there will be no cake on the table for the next few weeks. Hopefully all this will be classed as an investment for the future! and bear some fruit.

 

As it is Ladees day at the gym, i feel the urge to do a few exercises, until later, yea I verily sayeth I will continueth to pop by, whoops I feeleth the needeth for oneth of thoseth 'Blue' pills that I have been giveneth.

Oh My head it aketh i know not who or where I am or goeth.

Until I returneth xxxxx :oops:

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Oh Spongey - I feel I must come into your world and watch the Salmon Dance whose creators obvioulsy had many of your blue pills - mine were red and yellow, or was that blue and white, they worked anyway, back at docs tomorrow to discuss why my world gone t*** up and why I seem to have to support everyone round me as well - think been quite strong so far - spells, incantations and a good dose of alchohol seem to work in short term!!

 

Seriously have you seen the video to salmon dance - Chemical Brothers, daughter put me onto it said it reminded her of no. 1 son and John Cleese (my chilid fish) in tank (who watched it avidly) and said I'd never see them again in the same light - probably right coz rate things going will be on candle power soon.

 

No hot water (rad off wall due to decorating - that was a month ago) bog's decided it won't flush so back to buckets of water. (Or down the garden lol) Carpet got no pile left on it, bathroom - well - bathroom:rolleyes: , bedroom not been done since moved in (83) that's 19 not 18:D On the bright side kitchen not bad though not finished. Garden not bad - my little bit of space.

 

Think some of this should be on another thread - BAHH!!

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irregular choice!

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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