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  1. Thanks for moving the thread Slick Please find enclosed Ts & Cs There is a mountain of other documents, I'll try to find what else is of use. The policy was taken out with the express intent of covering Inheritance Tax liability and pays out on the death of the last survivor. From my reading of S2a the policy will pay out the Selected Sum assured (£300k) until the first review (long past) then the Guaranteed Sum Assured (£25K ish) after that. Is that normal for this kind of policy? Would the UCCTR apply to this contract retrospectively? Many thanks NTTF Terms & Conditions.pdf
  2. My father in law took out a joint Save & Prosper Protection Account with his late wife, back in the late eighties. The sum assured being £300k for a monthly premium of £85. He has made all payments on time. Now the insurers are trying to massively (like £3k pcm) increase his premium or massively reduce the policy benefit (£7K). Is this legal / normal? The Ts & Cs from the inception allow for review of the policy annually but such increases are surely taking the mick. Do the UCCTR apply even though the policy was in force when they were enacted?
  3. Letter of discontinuance received, not showing on MCOL yet but looking good
  4. Having sorted my own issues, I'm now trying to help a friend. Lowells have issued a claim on 10th April so I've completed the Aos & CCA'd and SAR the OC plus 31.14 and CCA'd Lowells The claim relates to a loan for a kitchen which included a lump sum PPI payment as part of the loan, (friend was self employed at the time of inception, PPI has been reclaimed). POC The Defendant entered into a CCA1974 regulated agreement with GE Holiday Ownership Loan under account ref XXXX ("The Agreement") The Defendant failed to maintain the required payments and a Default Notice was served and not complied with The Agreement was later assigned to the Claimant on XXX and notice was given to the Defendant Despite repeated requests for payment, the sum of XXX(£7k ish) remains due and outstanding. And the Claimant claims a) The said sum of £7k ish b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8%pa from the date of assignment to the date of issue, accruing at a daily rate of £1.50, but limited to one year, being £550 c) costs Prior to payments ceasing (financial distress) a CMC looked at the agreement & reckoned it was unenforceable, took a fee & said they would deal with the matter. Unsurprisingly, the CMC has gone out of business!! The DN looks faulty to me and includes inflated charges Will wait for result of CCA & 31.14 before posting agreement for comment. Am I on the right lines?
  5. Just back from court, case dismissed as no evidence provided from claimant. Judge ticked them off as they should know better and had not behaved reasonably. I had made an application as per the courts instruction and asked they should be debarred from submitting evidence & the case should be struck out. Judge wouldn't even allow my application costs! Costs have been awarded to me but the judge refused to pay my research time!! He stated that following the Jackson reforms a LiP needs to be pretty much up to speed with procedures and case law as a professional!!! I had also asked for 8K as per Durkin but he didn't even discuss it. Still, won £300 in costs at small claims and the case is dismissed. Judge seemed to think that the debt may be sold back to HSBC. Where would they stand if this happens? Can it reappear? Or do I just crack the bubbly and savour the moment?? Many thanks to all that helped esp Andy
  6. you must answer the claim, break it down into parts. 'The claimant claims the sum of [less than 3k] being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC bank plc Did you sign an agreement with HSBC in respect of this account?, was it compliant? if not you have to say so such as The defendant denies having signed a credit agreement with HSBC Bank or The defendant neither confirms nor denies having signed a compliant credit agreement with HSBC Bank and puts the Claimant to strict proof such an agreement was ever signed. or The defendant confirms he signed an application form with HSBC Bank but neither confirms nor denies such an application form contained the prescribed terms and was therefore capable of becoming a compliant executed agreement. If the Claim is going to be successful you will have had to receive a compliant default notice, termination notice and notice of assignment which comply with the CCA and Law Of Property Act. Have you received any of these documents? You will be defeated if you admit the claim You must get up to speed with the current legislation If you did sign an agreement were the then current terms and conditions present when you signed it? Always adhere to the courts timetables and instructions In lay mans terms what is your defence?
  7. Once again, a little help needed please. I wrote to the court asking they be debarred from producing any documents and that the case must now be struck out as they cannot prove a compliant agreement was ever signed. I also asked for costs The judge has said I must submit a formal application for consideration Is that an N244? How should I prepare a draft order?
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