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  1. Been In consultation, a protocol due soon. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/472908/pap-for-debt-claims-consultation-november-2015.pdf
  2. I have a clear cut situation.... My original phone contract was on orange but after the merge of orange/T-Mobile which is now known as EE.....I was upgraded onto EE. Due to an internal error on their end (which they have admitted to the ombudsman) the original orange account did not get closed which resulted in the company automatically billing me twice (no money was ever attempted to be taken for the original account after upgrade) which resulted in missed payment/default put on my credit file. The kicker...... How I came to find out that this error occurred was when I was speaking with a mortgage adviser who recommended I check my reports before going ahead with application. To keep it short, the company ignored my "recorded delivery" letter and by the time the ombudsman was able to get involved (2 months after letter) I had to sign a years tenancy agreement wasting another year as I could not apply for a mortgage with a default, not to mention paying more for a house next year. I was constantly being hassled by dept collectors throughout this whole ordeal and taking into fact what this error has cost me....should I take this to court to get some form of compensation or take very small fee being offered by the company? Company has confirmed it was their error. Any advice is greatly appreciated.
  3. Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
  4. Hi all, I took out a fixed rate mortgage with the Halifax a few years ago. I had previous been on a fixed rate with them which came to an end, but decided to renew based on their advice. At the time I specifically told them I would be looking to move house before the end of the fixed rate and they assured me this was not a problem as I could port the mortgage. Low and behold when it came to moving they wouldn't allow me to port the mortgage as I didn't meet the additional lending criteria. As a result I had to go with another lender and incurred £3k + in ERCs. I complained to the Halifax and the financial ombudsman, on the grounds that I took out the product on the promise that I could port. Unfortunately my complaint was not upheld. I now feel I am left with no other option but to make a claim via the courts. Can anyone offer any advice as to whether my claim stands any chance of being successful? Thanks in advance
  5. All, Has anybody taken kwik fit to the small claims? I will be starting a small claims this afternoon and I am unsure which address I need to put down - will it be the head office or the Muppets at the local service centre which damaged by BMW? Any help would be appreciated. Thanks.
  6. The following statement was released a few days ago by the Government. This is in response to a Daily Mail campaign earlier this year regarding individuals who have found themselves unable to get a mortgage or credit because of the existence of a judgment against them that they were unaware of (usually because all correspondence had been sent to a previous address). Depending on the outcome, this consultation could have far reaching consequences for bailiff enforcement. Currently, in relation to council tax arrears, a local authority are permitted to issue a summons to the 'last known' address. In relation to an unpaid penalty charge notice, correspondence must be addressed to the address held by DVLA at the time of the contravention.
  7. A major crackdown on the abuse of county court judgments is announced today following a Daily Mail investigation. Ministers are pledging to block banks, debt firms and parking companies from sending court claims to old addresses. The move would halt the scandal that leaves thousands of families financially crippled because of debt judgements passed against them without them knowing, or having a chance to defend themselves. The pledge is made today by the Ministry of Justice as it launches a public consultation on the judgments, known as CCJs. It follows an investigation by the Mail, which found firms are obtaining hundreds of thousands of CCJs every year over alleged debts of as little as a penny. Read more: http://www.dailymail.co.uk/news/article-4060508/Victory-Mail-debt-rulings-cripple-families-Ministers-block-companies-fro-sending-court-claims-old-addresses.html#ixzz4Te39AKtE
  8. Hi, Earlier in the year I received a letter from a well-known PPI claims company saying that they believed I had a valid claim against my bank (they named the bank) and that if I signed their form they would do everything on my behalf - of course I didn't properly read all the conditions and figured that as I wasn't even aware that I could make a claim that I might get something for nothing. They then emailed me to say that they couldn't continue with the claim unless I provided additional information on the loan I took out. As I didn't have any information from that time (and figured there wasn't much chance of making a claim) I told them to cancel the arrangement. They immediately mailed me back and told me that our arrangement was cancelled and that they would not contact me again. Three months later - to my surprise - my bank contacted me to tell me that the claim had been successful and gave me a form to fill out with my bank details so they could make the payment to me. The same day I received a letter from the claims company asking me to fill in the details on a form to send to the Ombudsmen, and from then on I started receiving phone calls, letters and emails from the claims company at the rate of one or two a day. I ignored the letters ('Return to Sender') without opening them, ignored their calls and voice mails, but read their emails. Because I was ignoring them I then started getting calls from a mobile leaving a message 'Hi Chris, it's Pete, can you give me a call mate' - presumably hoping I would assume it was a friend calling me and just call it back. This harassment has gone on for over a week, despite me emailing them several times to tell them that we cancelled our arrangement (and I have proof that they agreed to that cancellation). They have, however, now sent me a bill for 'completing the claim on my behalf'. My first opinion was that they have no legal right to claim any money, as our arrangement was cancelled - and because THEY told ME that they couldn't proceed without further information from me - which I didn't provide (I assume that by that point they had already contacted my bank). However, now I'm concerned that by not paying them I might be in the wrong - especially as I didn't read their terms and conditions. Can anyone advise? (What I'm hoping is that someone can tell me that under paragraph X of Law Y they cannot claim any monies off me after they have agreed to cancel the contract. If in indeed that is the case, then can I send them an invoice for all the harassment they have subjected me to, and the time and effort I have expended on it, and indeed the stress they have caused?). Just to put things into context, it was only a small loan and the repayment offer was less than £2,000. Cheers, Chris.
  9. Ryanair has told lawyers acting for a woman claiming compensation that it will no longer accept the jurisdiction of the English courts, in a case that has raised concerns over air passenger delay rights. The claims management company acting for a woman known only as Ms Menditta, who claimed against the Dublin-based Ryanair after a delay in 2015, have been told by the airline that a clause in the airline’s terms and conditions requires disputes to be decided by the Irish courts. https://www.theguardian.com/business/2016/dec/09/ryanair-says-womans-delay-claim-must-go-through-irish-courts Clause 2.4 of Ryanair's terms and conditions states that contract disputes will normally be subject to the jurisdiction of Irish courts, but until now has rarely invoked that clause. Ryanair has now declared it WILL recognise the jurisdiction of British courts in flight delay compensation cases, but only if customers shun third-party claims firms and approach the airline directly.
  10. Hi all I wonder if you can help I sold a item on ebay and I sent the item throught parcel2go. I book the parcel on the 17/02/2016 and they was due to pick up the parcel the next day The courier came on the 18/02/2016 to pick up the parcel. parcel2go told me that the parcel would be delivered by the 22/02/2016. It wasn't until the end of the month that that told me by email that they lost my parcel . I put in a claim for the parcel they lost. which they Approved. Since then it been nothing but a nightmare to get my claim money back. I have waited 4 working days for the money to show in my bank account and I'm still waiting for this claim money from parcel2go. I have checked with my bank to see if they know anything and they told me they can;t see anything on their system . I have contacted parcel2go vie live chat and have been told to wait another 2 days and it will be in my bank account. I'm getting so much miss information from parcel2go that I don;t know where I'm going or coming and how many more lies I will get when I talk to them on the live chat service. Can someone help me with this problem with parcel2go as I'm not sure what to do for the best .
  11. Hi there I wonder if I could receive some advice about the claims guys ? I have received 8 letters from rbs offering me around £5500 for mis sold ppi . I used the claims guys to act on my behalf . I called them after receiving so many letters asking me to fill them out and return them . I was asked to answer each question to support my claims after answering the same questions on four of the claims I got bored and said I do not have the time to continue and left it there, the person said to me that I would need to answer all of the questions for each claim before they could proceed , said that I would call back which I never did. now I have received 8 letters asking for payment for each offer I have had, surely this is not allowed ? How can they try and charge me for 8 different claims when I only answered questions on four ? This amounts to well over 1500 !!!
  12. My husband recently engaged The Claims Guys to do a free PPI check for him (much to my horror) and surprise, surprise, they are now demanding payment of over £2000 for the first compensation pay-out (30% plus VAT). I object strongly to paying these jokers anything at all, but despite interrogating my husband, I can't seem to work out how they got from free check to binding contract. I believe he only signed letters of authority for 2 companies (he can't remember which ones) but we have already been contacted by 3 companies so I really don't know what is going on. Is there any way we can get the contract cancelled? Is it worth me trying to fight it? (On the grounds that they did not make it clear to my husband that he could do it himself or that he signed it under duress) Is there anything at all I can do, or do we just have to pay up and find some way of keeping my husband away from all paperwork in future? (For what it's worth, my husband is quite a successful professional - he is just hopeless at admin and anything financial...)
  13. Hello, This is my first post on this forum. I have a small claims hearing to try and recover some money from a tradesman who didn't want to honour our contract and kept getting payments out of me before the work stage was complete. I issued proceeding and he did a bogus counterclaim - reversed all my grievances in his favour The case has finally reached the hearing stage and I would like some advice. 1) When I sent my defence to the counterclaim, the court helpline told me to send in all my evidence, photos, etc as this would be used in the hearing. I recently received the hearing date letter and it advised me to send in my witness statement and evidence - what happened to my evidence I sent in with my defence of the counterclaim? - will this be in the file and can I use this? 2) What is the normal format of the hearing? 3) How strict will the rules be regarding evidence ? 4) If I am not happy being denied use of my evidence sent in at an earlier time, can I do anything about it, such as ask for a change in date, etc? Thanks in Advance, EddieQ1
  14. Hi We are currently in dispute with a builder. We have taken all appropriate pre-court action steps and are now at the point of submitting an N1 form to kick off a claim. Could someone tell me if any supporting evidence is supposed to be enclosed with this claim form? Or will this be requested later? We have quite a file of letters and expert reports and we are not sure at what point these come into play. Also, (maybe a silly question but I want to do this right). If there is not enough form for the particulars of the claim in the space provided, can you use this space plus another sheet or are you only supposed to use one or the other i.e. it does give the option of 'attached.' I reaslise these particulars are supposed to be fairly concise. Thanks in advance.
  15. Have received allocation of hearing and instructions to supply witness statements and documents to court by certain date. I am the claimant. I am trying to reply to the initial defence to the claim which is an absolute mess with disjointed emails. Ridiculous statements and allegations, referring to me that I have 'dementia' am also delusional, and paranoid" and asks the judge to take these abusive comments into consideration as I 'clearly don't know what time of day it is, never mind the truth'. The defendant has supplied a document which she refers to as an email sent to her In fact it is a 'chopped down' private message sent to someone else. The only way she can get access to this message is by either hacking my account or getting it from the person to whom it was sent. Reading more carefully her reason for supplying this is she now states that she sent it to the police in response to my allegation of theft of my property to which the case relates. I can actually see that she did as there is a police email address above. Now I have the full message, and it clearly is from me to someone else via a messaging system, not an email to her, and it is now obvious why she 'chopped' the message as the full message 'shoots her in the foot' so to speak. She has also denied, several times that events took place, highlighted for the judge in bold, and yet I have documented proof that these events took place as she admitted the same on paper. I am not sure how to respond to these issues in my witness statement. Should I bring them directly to the attention of the judge or just refer to them in my statement? How is the judge likely to view her deliberate deception, particularly sending a document that was never sent to her that she then sent to the police claiming it was from me to her, but she thenalso tampered with it? How is the judge likely to respond to her abusive comments that I have Dementia, am delusional and paranoid and that people with dementia cannot remember anything. Any comments would be helpful, thanks.
  16. Good evening, could someone please help me out on where I go with this. Earlier in the year I received court papers re a debt to Lowell which was previously with a mobile phone company. I acknowledged online and submitter my defence based on it being statue barred. I received a letter saying the claimant has 28 to respond or it is stayed. No response I expected it to be stayed. I then received the notice of proposed allocation to small claims court had to fill in if I wanted mediation (said no) along with what dates I'm available etc. Directions questionnaire I think this was form N180 Today I returned from holiday saying its been allocated to the small claims court in August and a hearing fee was payable by the claimant by the end of June. I've no idea if this has been paid. It then goes on to say I have till a few days time from now to prepare and send in copies of all documents. So as you can see not a lot of time. My problem is this, I'm positive it's statue barred but don't have any paperwork to hand as its years old. What do I do now? Do I write to all parties now saying this or what ? I could maybe get a copy of my credit file showing that it isn't on there or in the closed accounts obviously time is of the essence. Any help would be greatly appreciated. Just to add I was previously told not sure if rightly or wrongly that it's down to them to prove I owe it and it's not statue barred, not me to prove it is statue barred, hence why I haven't gotten anything together on it. I've basically been waiting for them to provide proof it either is or isn't.
  17. Hello, I hope someone can advise. I am looking for some assistance. I have just recieved a Small Claims Summons from a large organisation chasing a debt from a Ltd Company I was a Director for the sum of £840.70. The company I was a Director for dissolved in June 2015. I signed a trade account agreement in my name on behalf of the company as I was the Director. The company only had a £750.00 trade limit. It was a trade account but yet the large organisation is chasing me personally now for the debt. I started the business in the hope of success but was not paid by several customers and did not have the monies to chase the debt so closed the company as it was no longer viable and I got a job. Am I liable for this debt and do I have to pay?
  18. first of all to say hello to all users. i am new here be gentle . i have read the forum rules etc . feel free to say hello and if i can help i will. right down to the nitty gritty. i have recently discovered i had ppi with mbna on 3 accounts out the 6 they told me i had in total (possibly linked cards) they are investigating the 3 they have told me about. is it worth me sending sar requests for the others. just read some old posts regarding dishonest mbna online. or am i barking up the wrong tree here. grateful for any help or advice all the best
  19. Dear Sir/Madam I hope that I have put this in the right place and apologize if I have not. I am new here so thank you in advance. Some time ago I saw an advert for the Claims Guys which said that they would find out if I had PPI and if I did they could claim it or I could do it myself. I thought that this was fair enough, that they could find out if I had PPI and I could do it. They sent me heaps of paperwork. I filled in three questionnaire about my bank details etc. Black horse contacted me direct on the phone and questioned me about my mis sold PPi which they refunded. Then the Claims Guys rang me regarding the loans at Barclays. They were on the phone for ages and I kept saying that could I not do it myself? The man from TCG got rather disgruntled and said that we had spent 40 minutes of his time and pressured me into agreeing. He then told me I had 28 days to cancel. He told me to sign and return the paperwork which I did not do. Barclays paid up very quickly and immediately the Claims Guys were telephoning me asking me to pay by Credit Card asap over the phone. Their tone was increasingly aggressive. I told them about the 28 day cancellation period and they said it was 14 days. I asked them to send me the transcript and they sent me an earlier conversation in March which did not mention the 28 days, it was the wrong conversation. The conversation I had lasted well over 40 minutes. I have picked over the terms and conditions of the Claims Guys and it looks to me that any valid agreement should be confirmed in writing. There is no verbal agreement. Since then I have about 8 calls and texts a day at all hours and I do find this threatening. Can anyone give me some advice as to how I should proceed? Thanks you.
  20. Quick note: I was trading as self employed but due to massive downturn in income I made the decision to cease trading. My wife has standard rates PIP for both Care and Mobility so decided to make a claim for the CA. This was done 25th May 2016 just prior to me actually ceasing to trade. So please remember that the claim for CA was made before I ceased trading. I officially ceased trading on the 14th June 2016 as this was the last date I was paid any money from my self employment (SE) and the date which HMRC said was my last trading day when I requested my registration as a self employed person to be removed. This was done on the 5th July 2016 and I also started my claim for IS on the same day. We received a letter from CA around the 5th June 2016 with form requesting account books for 2015/16. This was no problem as we had always kept the books up-to date and they were complete and our self assessment for tax for that trading year had already been submitted to the tax office. So we filled them in got photocopies of the trading books and posted them back to them RM 1st class signed for within 24 hours. On 14th June we received a letter from CA with a request for the accounting books for the period of 2014/2015 so I phoned them to find out why they needed those books and after a lot of faffing about it transpired that the request was due to me asking for the claim to be back-dated and that meant the claim went into the previous years books. OK so I got those books copied and duly sent back (RM 1st class signed for). We had a one week holiday booked and paid for starting 18th June which coincided with my grand daughters last schooling day (She had just sat her exams so the 17th June was her last day of school). And we needed the break as life had not been to kind to us in the previous three years and we had not had a break during all that time. Fast forward to 25th June. On return from holiday we find a letter from CA and thinking it was a decision we opened it to find it was another form requiring filling in for the period 2014/2015, (why the heck this could not on come with the request for the 2014/2015 accounts I will never know. So on Monday 27th June they were sent back (RM 1st Class signed for). We heard nothing more from CA for a while then out the blue on 13th July we get a letter which requested yet more information from us. This was again filled out and posted back next day (again RM 1st class signed for) because of the weekend it arrived back with them on the 18th July. We heard nothing back so I followed up with a phone call just to make sure all the information I sent them was on their system. They stated that they had only got my income account figures for the period of 2015/2016 and had not received my expenditure books for that period. I got them to do a check of the system as I told them that both the income and expenditure copies of the accounts books came in the same envelope and I had a signature stating it had been delivered to them. A few minutes later they found them. Miracles never cease. On August 1st After waiting 13 working days I contacted them again for an update as my local council were now wanting to know what the current situation was with the claims. The first thing the operator says is that they are waiting for the 2014/2015 books to which I couldn't help but say "are you kidding me". I then pointed out that the books had been returned and I had proof that they had been received back at the Mail Handling site in Wolverhampton. Some more searching took place and after about five minutes they FOUND them on the system and a lame duck excuse that the system was not working correctly at the moment. I must also point out that I had attached a letter with one set of my books which clearly informs them that I have ceased trading and am in the process of claiming IS. So hopefully if I do not get the 3 month back dated they will still proceed with my claim on the grounds of my "in between jobs status" LOL at that statement which is now used to identify someone who is unemployed. SO, that's the point I am at with the CA Claim over two months since initial claim and still no result. As for IS. Made claim online on 5th July (did not bother before as we had the holiday booked). Was given an appointment time at local JCP office to go sign forms on 12th July. Arrived at office and to my astonishment was seen immediately. I took my time to read the forms and went over each and every question on it to make sure that the information the form contained was correct. It was apparent that the operator on the other end the phone when I initially answered the questions just did not listen or was having a OFF day as there were errors all the way through it. The person I was seeing was a little bit (shall we say) upset that I was taking so long and took the papers from me and read each and every question out to me and I answered each one. 40 minutes pass and there's a IS claim form in front of me with more corrections in it than there are correctly filled in questions. I offered her evidence of all the bank and saving accounts we have so she could take copies of them to prove the figures which had been quoted on the forms. I actually used them to make sure that all the information on finances was 100% correct but she said she did not need them. (think she was getting a little fed up with me by now as this was not the simple signature/rubber stamp she expected). Eventually I signed it but asked for a complete photocopy of the form which she was reluctant to do. I just said as I had put my name to an official document then I am entitled to have a copy of it. (whether thats true or not I don't know but I got my copy). Fast-forward 13 WORKING days to August 1st and I decide to follow up the IS claim as it was now well beyond the 10 working days which the Gov quote on their website. Lo and behold they are waiting for proof of our banking and finances which I should have supplied when I filled in the form. I politely told them that I had taken this proof of finances with me when I signed the form but the woman at the JCP who dealt with me said they did not require them. So I am now waiting for another form to drop through my letter box which I will promptly attached the printouts to (which have all got printed dates on them relating to the 11th July) I took with me to the JCP. and just to be on the safe side am also going to send ones dated 1st August just in case they want up to date ones. (RM making some money out of me with all this postage). So there we have it CA claim now over two months old and no decision made IS claim should have been completed by now but looks like going to be another xx days before done as waiting for yet another form from them requesting finance details. and my local council pushing for information concerning these claims, I took them a update letter after I finally got some answers from the CA and IS which I got the council to rubber stamp so I had proof that I had handed it in. This is fun....... it's frustrating that the system is faffing me around like this.... but it's fun Motto : don't let the system get you down, grit your teeth, have a laugh at how comical it has become and then do what needs to be done. Will update to to let people know what happens in the future.
  21. Hi all, I hope I'm posting in the correct forum, if not then please move it to the correct forum My partner is a professional carpenter. Last week he did a small job for someone who wanted some decking repaired. Customer stipulated that he didn't want the whole thing replacing, which is what my partner recommended, due to rot. So my partner said he could take some of it off and replace the broken boards. The customer was satisfied with the repair job and so was his wife, and paid my partner in full, by cheque. The cheque cleared, but a few days later the customer text my partner saying he wasn't happy with the quality of the work and could he come back and have a look at it. As my partner now works full time for the ambulance service to make ends meet, and the carpentry work is now only part time, he has been unable to go back and inspect the work, but sent an e-mail detailing that he was satisfied that he had done a good job and that had the customer not been happy then why didn't he say so at the time? He claims that the repairs are unsafe and the workmanship is poor. The photos he has sent don't look good to be honest but he has taken the photos in such a way that you can't fully see the whole thing in true context. The customer has now sent a very long e-mail detailing problems and saying that if he doesn't received a full refund by 12th July then he will take him to small claims court, and that any further contact from my partner by email, phone or post will incur a £10 charge! My partner had very little to work with and did the best he could considering the customer didn't want the entire decking replaced, and simply repaired. The customer was happy with the work when asked to inspect it. My question is, can the customer really take him to small claims court over this? What grounds does he have to do this?
  22. Has anyone taken Terravision the coach company to the small claims court? I booked a 14:40 bus to the airport which arrives at 15:30. Around 14:55 we were informed the coach was going to be 55 minutes late by someone from Terravision who also said the whole service today was running 30/40 mins late. No text message, no email, no phone call, no notice in the bus depot to inform of delays. Had no alternative but to book a taxi for £80. I followed Terravisions complaint policy which was to email them 30 days after the purchase date, I received no reply and emailed a further four times. So my complaint was sent 11 January 2016!!! I have no alternative but to take them to the small claims court, they wont reply to their specified complaint procedure. Under Passenger rights regulation EU 2011 it seems I can get something back ?
  23. Hello, I'm new here. In April, a builder started a small extension and some internal work to knock through walls. The building inspector visited in May, and was not happy with a number of aspects of the work. The builder did not agree with the feedback, and walked out. I have spoken to a solicitor who advised me to get a RICS survey, which I am currently organising. I will be a litigant in person, but am taking some legal advice at key stages during the process. As the amount is unlikely to be over £10k it will probably go through the small claims. I have paid the builder in advance for work that is not yet completed, and for work I though was completed but needs to be remedied. In addition, he did a couple of other things I have not yet paid for, but the inspector wants these changed, so I have refused to pay. I have asked the builder to try mediation, but he does not reply to this point. Any general advice for me from anyone who has experienced this before? I've never been to court. In particular, I have checked and he does not own the house he lives in. He drives an expensive car, and I've seen the DVLA form for finding the registered keeper, but don't know if I can use this, and in any case this will not tell me the owner. He is a sole trader. Is there anything else I can do to find out his ability to pay? I've checked the .gov website on bankruptcy, and he's not on there. If I win the case and he does not want to pay (which I think might happen), I've seen something on the justice website about getting him to go to court and give details of his bank accounts. Has anyone got money back this was successfully? Also, when I have calculated the value of my claim (which I can't do yet until after the RICS survey then getting builders to quote for remedial work), how long does it take to get to court? He is being really childish, refusing to give me or the architect his progress photos showing what's underneath the floors, as the council has not yet inspected this. Any advice from people who have been through this before?
  24. Another parking problem and any advice would be most helpful. Last year on the 14th nov at 6.20 pm, my son parked on a car park in Bradford, We have used it several times in the past and understood it to be Council owned, pay and Display 8AM to 6PM Monday to Friday. We went to a restaurant and returned 1hour later and drove away. On the 18th January we received a parking charge notice alleging that a PCN had been attached to window and we had missed time to pay reduced fine. Given the time lapse, we ignored this and other notices from company, Local Car Park Management. Was notified debt sold to MIL collections, then got a form from Northampton court of judgement in default. At this time my son paid to have this set aside and moved case to Bradford. MIL sent witness pack and there are several points i need to clarify if possible. Photos show windscreen of car, no number plate visible and no PCN attached to car, PCN photo taken separately with no details of where it is from and other details for paying it etc missing, photos of car parked on night of 'breach' Raining dark etc. Evidence of signage supplied shows photos supporting signage taken at a completely different time eg it's daylight, trees in picture have leaves on , signage claimed in diagram of car park do not exist either then or now. I have pulled all this together but i'm trying to confirm that photo's should be contemporaneous to car photo's,? if no PCN is issued as claimed, is the gap from November to January acceptable? Sorry for length of this , and if possible details of cases that i can refer the Judge to. Any help would be appreciated
  25. My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf
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