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purplenora

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  1. He has received the landlords witness statement, and there is photos of scratched flooring. However there are no before photos at all, and they were definitely commented on when my friend and his family moved in
  2. Thank you. I know this is a huge ask, but if I get this done in the next couple of hours would you please take a quick look at it for me before I give it to him to submit? also, the lack of pre action protocol, is that likely to be taken seriously by the court or will they brush it off?
  3. Thank you so much! do I put this as the first point in his evidence? And am I ok to use that word for word?
  4. Hiya, I am helping someone with a. Court claim against them. In short it’s their old landlord taking them to court for £4500. There were disputes after leaving, and the final months rent owing, which the landlord has since taken the bond which covers that. He is also claiming for a number of things, including full new flooring downstairs as he said the old was scratched, it was also very old, older than 10 years. My friend had lived there for 6 years and it was old when he moved in and noted that there were scratches on the floor in the inventory. I know that he would only be allowed to claim a portion of that as he is not allowed to benefit from betterment, but I am struggling to find the litigation to back that up. also, he never issued any letter before action, the first my friend knew of this was the court paperwork. He submitted his defence etc in time, and though I’m sure it wasn’t great, and definitely wasn’t worded in Any legal sort of way, it was in. He now needs to submit his witness statement by 4pm today. He’s requested an extension due to not having received the sar from the letting agents which means he doesn’t have all the info he needs to submit. But he hasn’t heard back from the court so needs to do something by 4, which I am trying to help him get done in time, can anyone help advise how to argue that there was no letter before action please? I know it’s an issue, but I don’t know how to argue it for him and can’t find anything when I’ve searched on here. Also, can he win with this?
  5. No, it’s just their second response to my response to their pap letter. So it’s complicated, but they sent me pap months ago for 3 combined debts, i responded to Lowell and solicitor as recommended. Solicitor sent me the agreements of two capital one accounts and said they couldn’t locate any documents for the third so said they would write it off. Lowell sent me account details for an old statute barred vanquis account. A couple of months later overdales sent me another pap letter for the same 3 initial accounts. I checked here and responded the same way as the first time. I’ve had no response at all from Lowell, and yesterday I got the statements and default notices from overdales. The front page now only states the two capital one accounts, and says that they will now proceed with court action. So I’ve still got no response from Lowell, just from overdales, but altogether I have account agreements, statements and default notices. so I was wondering what I should do now, and if I should consider irl claim?
  6. Yesterday I received a pack from overdales containing default notices and statements of accounts for both capital one accounts. They sent the agreements ages ago, as uploaded in earlier comments. The letter states that they will go for a ccj if I don’t set up a repayment plan. What is my next move? Have they complied with everything, and if they have does that mean they will win at court? I’ve been reading and was wondering if I should put in an irl claim. I know this would need to go to capital one, and I don’t know if it would make any difference to anything. I really appreciate any help or advice
  7. I had a Lloyds bank account, 2 actually. I'll try to be very brief with this.. I got into a mess with them giving me a huge overdraft. I was on a phone call to them explaining how, due to the charges I couldn't afford to buy food for my kids. They refused to help. I said you should never have given me the overdraft in the first place. This is literally all I said. I didn't know until later, however they took this as an official complaint, and investigated it as such. I received their final response, saying they'd done nothing wrong. But I still didn't understand that that was an official complaint. I read up about it later, and found out I should have then gone to the ombudsman. However, my 6 month time limit was just up. I phoned the ombudsman and they said they would have looked into it but wouldn't be able to as it was a couple of weeks out of the 6 months. I've sat on this for the last couple of years. They've sold the debt on to Link, and I'm just waiting for them to take me to court. I've been wondering though, I know I can't go to the ombudsman, but can I go back to Lloyds and complain about it again, then take it to the ombudsman? Or can I not go back to Lloyds because in their mind they've investigated it already?
  8. I have an update with this and I'm not sure what to do, and wondered if you could advise me please? So I got this letter of claim giving me 30 days to respond from overdales, regarding 2 capital one credit cards, and one studio catalogue, which were all together on one form. I sent off all letters as advised Overdales replied with agreements for both capital one cards, and a separate letter saying they were unable to solve the studio query so they were returning that to lowell. Lowell replied saying they were trying to get me the information from Vanquis (This didn't relate to vanquis at all, they do have an old account of mine from there but it is well and truly statute barred). They eventually replied with vanquis account information. I've still received nothing from them relating to either capital one or studio.. I have now received another letter of claim from them. Identical to the first one I received in November which I responded to. It has the same 3 accounts on, one from studio and two from capital one. Should I respond to this the same as I did before?
  9. DX - thank you and sorry, I was just browsing and saw that and wondered.. Andy - yeah it is a dodgy scan, it’s perfectly clear. So now are they going to take it to court? Like I say, overdoses have sent me this, Lowell have replied saying they’re trying to get my capital one documents from vanquis but have sent me nothing from the list I sent.
  10. This scan isn't great, I'll do it again if it's not good enough, sorry! I've just realised also that I received none of the documents that I requested from the pap form Overdales first reply cca agreements redacted.pdf Thank you. I will do. I don't think I have the full account number, just the last 4 digits. The second debt I have absolutely no idea even what it is, I'm not convinced it ever belonged to me
  11. also...I have just had 2 debts fall off my credit file due to being statute barred. Both owned by Lowell. Should I send them a statute barred letter? They haven't contacted me specifically about these, other than they regularly send letters which include them at the top saying they have accounts of mine that need paying. One of these worries me especially though as it is listed at my old address, or it was on my credit file before it dropped off. I ignored that for ages because I was worried it might make them take me to court for them and I didn't want to draw their attention to it, they have included the debt (Vanquis) on other letters they have sent to me at my address. I asked on here and sent a letter a few months back with my change of address but they didn't update my credit file with the right address so I don't actually know which address they would use. I also don't know if they have just written it off or if they will try and get a ccj for them..
  12. I've had an update or two on this and wondered if anyone could advise me what to do next please? I sent the PAP and CCA letters off. The debts being claimed for together are one to Studio catalogue, and two to Capital One. I received a letter from Lowell just before christmas, which said that further to my requests, they were sending off to Vanquis for my information.. They did have an old vanquis account of mine, which was statute barred in December, it should have been a couple of years ago as they defaulted me really really late, but I didn't want to rock the boat so I just left it there all this time. This was not mentioned on the Overdales pre action letter I got so I figured they'd made a mistake.. I then received a letter yesterday from Overdales saying that they couldn't get the info on Studio so have returned it to Lowell, however they had enclosed both copies of the agreements to capital one, and that I now have 30 days to respond or they will take it to court. They have sent printed versions of contracts (taken out a few years apart, one is longer than the other). Each contract has my name, date and address at the time. I read somewhere that they should show an ip address, and they don't have that. What can I do now? Is there anything? Or are they just going to take me to court? I really can't afford to get a CCJ and I'm very panicked...
  13. I'm really sorry to sound so stupid but I've been sorting these forms and I'm confused by a couple things, could you possibly help me please? The CCA letter and reply form, do I send these to Lowell or to the solicitors? Also, there are two slightly different letters in post 1 and 2 on the cca link, am I right that the first one is right? It's the paragraph towards the end. The reply form, do I print and fill it in, or am I best to type it? Thanks again for all your help x Oh and I will go to the repo forum, I honestly didn't realise that there was one..
  14. Sorry I didn’t realise. the two capital ones, I had one account, limit about £1500 I think, and I’m not sure why or how I got the other. The second only had a small limit, £200 I think. I phoned and told them I was struggling to pay everything. I’d not been working for a few years because I was bringing up my babies and had just returned to work and was struggling. I’d been given quite a few bits of credit while I wasn’t working and just couldn’t afford everything. Childcare costs meant I wasn’t any better off in the short term, I had a humungous overdraft where the charges were killing me and everything caught up with me so I stopped paying and buried my head in the sand. The catalogue account was for Studio. A friend asked me to open the account to order her something from there which she couldn’t find anywhere else so I stupidly did. Then I used it too which was even more stupid. I’ve no idea what the balance was but Lowell have listed at almost £500 now. lowell have now lumped all 3 together to n this letter and given me 30 days to respond. Ive now read the link you’ve put up there and other stuff on here and I’m thinking should they have given me 60 days? Or am I misunderstanding? X Oh, I sent the dsar because I have a few defaults from that time and I was cross with myself and panicking so thought I’d do something proactive. I had my car repossessed which I’m convinced wasn’t right so I put in a complaint with them and sent for a dsar to help my complaint with the fos and randomly sent a few more off as well.
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