hyperseven
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hyperseven started following Tenancy agreement woes (ForHousing)
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I moved into my flat over 20 years ago which was then council-owned (Salford City council) and has changed hands several times (Salford Council->New Prospect->City West and now ForHousing) The only tenancy agreement I signed was 20 years ago with Salford Council (I have a copy of this through a SAR) The current 'housing officer' is quoting rules I need to adhere to out of their current tenancy, 'ForHousing', agreement and not one I agreed to 20 years ago. Which agreement would take precedence? Thanks :)
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Hope this is the correct section. My dad had to have his batteries replaced on his mobility scooter so he took it to the place he bought it from. Batteries changed and they fitted them but I discovered he had been charge VAT when it should be exempt. (approx £20). Emailed the head office and got this reply. He does have account as aforementioned he bought it from there and signed a VAT relief form on purchase so should be on record. Even if he did not have the above he was not offered to fill in another form. It was fitted by them to a mobility product. They have since stopped responding to my emails.
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Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
28 days since court acknowledged receipt of my defence, anything I need to do now? Is it automatically stayed? -
Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
Is that letter from them meaningless? -
Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
This arrived today, anything I need to do? -
Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
So I submit it all, including the amended part in red, as my defence on Friday if I receive no other docs. Is there a cut off time? -
Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
Thanks for putting me on the right path Is this OK then? 1.By an agreement between Egg Banking plc (EGG) &t he Defendnt on or arround 20/03/2006 ('the Agreement') EGG agreed to issue the Defendant with a credit card. 2. The Defendant failed to make the minimum payments due & the Agreement was terminated. 3.The Agreement was assigned to the Claimant on 31/01/2013. THE CLAIMANT THEREFORE CLAIMS 1. 2069.01 2.Interest pursuant to section 69 of the county court Ace 1984, namely 1045.32 & contuning until Judgment or sooner payment at the rate 0.45 Defence I contend the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. I have held an account with Egg Banking PLC for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. This was sent recorded delivery and signed for on the 2nd June 2015. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78. 2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act. 3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim. 4. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 which was sent recorded delivery and signed for on the 5th June 2015, therefore the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement with the Claimant; and (b) Show how the Defendant has reached the amount claimed for; and © Show evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed. 6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Act 1974. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. -
Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
The POC is not very well formatted on the form. I think it should be 3 paragraphs ? or is it 4 ? -
Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
Is the other defence I quoted usable in my situation ? this better ?? -
Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
Is any of it usable? what, so more like this one? I am clueless in such matters, had to Google FMOTL -
Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
getoutofdebtfree, why? is it no good? -
Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
Cheers, here is my defence I am about to submit to MCOL, is it OK? -
Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
Got home today and this had arrived. What this 'we believe you have already inspected documents' nonsense. I have had no such items? This 28 extension what do I do with that? -
Marlin/Mortimer claimform - EGG card 'debt'
hyperseven replied to hyperseven's topic in Financial Legal Issues
Sorry for being a bit dense, so what do do now? Do I still have to submit a defence on MCOL as had a look and noting on their says case is 'on hold'.
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