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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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Which courts are carrying on????


adam1976brown
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Just to let people know i phoned up my court today ( Aldershot & Farnham) and enquired what shall i do with ref my claim on the 4th sept. In short nothing has changed. The judge is still dealing with these claims. He has cases today and will deal with each one on their merits and will do so with all future claims. How this will affect other courts i dont know but i do feel slightly better. So in short carry on as normal and if in doubt phone ur court and enquire what to do....

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Hopefully this will ease many peoples worry... so it might be a good idea for people to contact their courts and post the responses on here.. so people can understand what courts are carrying on and which ones r not...good luck all...

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Well, no. All courts are supposed to carry on, no reason why they shouldn't. And any court trying to stop people from filing should be challenged.

 

The stays are not -at this point- systematic. It is up to the bank to apply for one, and up to the court to grant it, so not as clear cut as the media would have us believe.

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thanks for that!

i was getting slightly hysterical (im a woman.. its my job) - as the deadline for bundles etc on my case (10th August) is TODAY 4PM!!

Got a bit twitchy.. dont want to ring an aggrivate the court.. so will wait til the deadline has passed and contact them after that.. just to see if abbey have submitted a bundle or asked for a stay.

all very worrying.. but just got to go with the process i guess

thanks again - encouraging words

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I think at this point it is just a waiting game (and we should all be old hands at that!!)and the different courts/judges will handle it in what ever way they see fit. The Judge in Southend is reviewing all the cases including ones that have already been before him in an allocation hearing. We'll hear in 'due course' according to the lady I spoke to.

T J :p

 

 

S.A.R Sent 21/8/06

Statements and microfiche received 11/10/06

Request for payement of charges 29/1/07

LBA sent 21/2/07

MCLO filed 26/3/07

Acknowledgement of service recieved 4/4/07

Defence filed/received - transferred to Southend 30/4/07

Stayed unitl 27/6/07

Allocation & Case Management Conference 17/7/07 14:00pm

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TJ

 

I bet Southends phones will be ringing ten to the dozen over the next couple of weeks waiting to see what Judge Dudley has decided to do having reviewed all your cases.

 

Hopefully he will strike them out in favour of the claimants as an abuse of power. (one lucky person, not sure what court has received such a letter to say that as Abbey always settle prior to court, they are thinking of striking out the defence) be nice if judge dudley followed suit.

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I phoned Norwich County Court today to find out what was happening and the clerk said that everything is proceeding as normal. Stick to your guns and dont get washed up in all the hysteria. You will get your money back!!

Its better to live one day as a lion than a thousand days as a lamb!!!;-)

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Romford CC are staying matters pending the outcome of the test case.

 

As far as I have seen today, this is the exception though.

 

Business as usual.

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thanks for that!

i was getting slightly hysterical (im a woman.. its my job) - as the deadline for bundles etc on my case (10th August) is TODAY 4PM!!

Got a bit twitchy.. dont want to ring an aggrivate the court.. so will wait til the deadline has passed and contact them after that.. just to see if abbey have submitted a bundle or asked for a stay.

all very worrying.. but just got to go with the process i guess

thanks again - encouraging words

 

I'm a woman too, and I don't do hysteria. :razz:

 

My advice? Go on the offensive. If Abbey haven't complied with court directions (bundle), move to have a strike-out on their defence and judgment granted in your favour. Hit low, hit fast. Depending on your judge, you could get it. Wait and see can only benefit the banks now. :cool:

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Hi Guys I have just phoned Bow County Court and they have stated that claims will proceed as normal until the OFT test case has made a ruling.

 

This makes sense to be honest otherwise the backlog at the end would be massive putting the courts under more strain than they already!

 

Im panicing a bit but if one thing Cannon Fodder, Lula and everyone else says all the time when this happens it is to proceed with your claim as normal.

 

I hope this helps you all feel better

 

Have a nice weekend all:)

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So far:

 

Aldershot & Farnham County Court, Southend County Court seem to be playing by a case by case basis.

 

Bow County Court, Kettering County Court, Norwich County Court are all proceeding as normal.

 

If you have news on how your local court is proceeding it would be great to hear from you too!:)

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It's still worrying though - cos I guess the only thing courts can confirm at the moment is that they won't be imposing blanket stays on all bank claims. My worry is that we don't know which way judges will go if banks make submissions on individual cases for a stay as and when they are due before a court. Also if a judgement is made against a bank in default will banks simply apply to have judgements set aside and request a stay pending the outcome of the test case? I'm assuming that more and more cases are going to go all the way to a court date now as I guess banks are gonna stop settling. It's gonna be a bumpy few weeks ahead as we see how things develop. The only very, very slight comfort (not much at all really) is that my claim will accrue about £300 a year interest!!

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:confused: Abbey National - Stayed pending Test Case Judgement

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This was in the news the second paragrapgh worries me:

 

Tens of thousands of cases have already been settled out of court, costing the banks millions of pounds.

Market watchdog the Financial Services Authority (FSA) will allow banks to suspend dealing with any claims for repayment of overdraft charges filed against them until the test case has been decided. However, the banks will still need to make a note of any claims lodged, and will have to honour offers to settle that were made before the test case and FSA waiver were announced.

 

How dare the FSA let the banks suspend our on going cases it outrageous can we sue!!!!!!

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As far as i can make out the waiver simply means banks dont have to deal with complaints about charges, it does not mean that these claims cannot be brought before the court, we should all continue using the same process we have been using up until today, all will be well

:madgrin:

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