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james2222

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About james2222

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  1. Hello drew66 I am also trying to chase up paperwork on an Alliance & Leicester loan (that definitely had PPI) from a similar period … early 2000's but no success via Santander. Can I ask if you made any progress with your claim using the info. supplied by Andyorch? Regards James
  2. Is it possible to determine the PPI premium applied to a loan. I had 2 personal loans for £3,000 each from Alliance & Leicester. The first started in mid-1998 and the second taken out in early 1999 which included a PPI element. I paid 24 monthly re-payments of £143 for first loan … and 24 x £159 for the second. The re-payments obviously overlapped. I have no loan documentation … but I do have my bank statements showing all the monthly repayments for both loans. SAR request made … in summary, came back with …. we have no records for you and as you have not supplied any loan reference or documentation … get lost! The second loan definitely included PPI but in trying to pursue a claim I'd like to show that, allowing for any interest rate changes, the higher premium included PPI element. Does anyone know what a typical PPI percentage was …. in 1999!!
  3. Hello I am just about to commence a PPI re-claim on an old Alliance & Leicester personal loan. There appears to be a number of addresses to where the SAR letter should be sent. Can anyone please confirm which is the best (correct) one to use. The options I have are:- Customer Services, Santander Consumer, Santander House, 86 Station Road, Redhill RH1 1SR. Alliance & Leicester Personal Finance Limited Building 3 Floor 2 Carlton Park Narborough Leicester LE19 0AL Santander (Abbey, Alliance & Leicester) Abbey National House 2 Triton Square Regent's Place London NW1 3AN Santander SAR's team P.O. Box 1111 Bradford BD1 9NQ If non of the above are the correct address, I would greatly appreciate info. on where it should be sent. Thanks James
  4. Has anyone heard of Shawbrook Bank. I obtained a recent hard copy of my credit file and they have carried out a number of searches on me over last 18 months .. lots of them. Searches are listed as 'Enquiry' and others as 'Audits'. The searches were at addresses I left 10 years ago ... as well as my current address. I'm not keen on lots of searches showing up on my file I managed to get their address (they are in Brentwood, Essex) and wrote to them asking why they were searching me. Their written response was that I need to send them a full copy of my credit file before they can answer my query .. . what a load of I assume they are acting on behalf of a DCA .. . or indeed they are a collection agency themselves. Anyone else have knowledge of them?
  5. Hello Guys Just a quick update to let you know 'nothing has happened'. The case was stayed mid May after Lowells failed to submit any evidence (I assume Lowells did not have any documets to support their claim). I was expecting a bit of 're-think' from Lowell as to how they could hassle me further . .. but nothing .. . so I'm happy to consider this a 'win' for me. I am a bit peed off that this 'stay' lasts forever . .. can't see any good reason why it shouldn't expire after a set time and case struck out . .. say after 24 months but I'm not a law maker! I wonder if Lowells are hoping for a change in the financial laws that would give them the right to resurrect all these stayed cases years down the line? However without the help and guidance of Andyorch and dx100uk I would have struggled to 'win' so a financial contribution has been made to allow them to continue to help others. Thanks again.
  6. Hello Can I say a big 'Thank you' to andyorch and dx100uk for their help on this one ... . and of course the other members of CAG that gave me their advice. I called Northampton today to say that I've not heard anything since submitting my defence over 6 weeks ago. After a quick check I was told the case was now 'stayed' as they have not had any response from Lowells. Lowells would now have to pay £50 to lift the stay. He did this this was a bit strange as he would have thought Lowells would have progressed to 'Directions' at least and its unlike Lowells not to have responded at all but did go on to say that Lowells are involved in 100's of cases so may be overloaded!!! I know I can't do anything other than sit tight and hope the stay isn't lifted. If they do lift the stay . .. is it up to me to find this out, or for the courts to make sure I'm informed of this. I assume Lowells are not required to inform me if they lift the stay. I'll wait another few weeks just to make sure no devious tactics from Lowells ensues, before showing my appreciation to CAG in a tangible way with a good few £'s donation. Thanks again to all who helped me.
  7. Defence filed on line Friday 1st April ... very appropriate date to respond to Lowells. Not heard a peep other than letter from court dated 4th April acknowledging receipt of my defence, which says, "claimant must contact court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed". Obviously I'm keen for the 28 days to be up as quickly as possible. How do I know when they received a copy . .. or do I just assume it's so many days after I sent my defence in? Also, why is it just 'stayed' and not automatically discontinued? If I didn't respond in a certain period of time ... the claimant wins a judgement by default. If they don't respond in a certain period of time why is case not automatically 'thrown out'. Sounds like one rule for claimant and another for the defendant!
  8. No requests from Lowells but in 2012 and 2013 I got debt collectors letters from Mackenzie Hall then it changed to Wescot . .. then nothing till Lowells claim a couple of weeks ago. I have changed addresses twice since 2012 so this may explain why letters never received ... assuming they were sent! I always had mail forwarding set up for a few months after each move so shouldn't have been a problem.
  9. Hi .... more questions?? If it gets as far as the small claims court, I've noted a few comments on here that CPR31 does not apply. Does that mean it negates part of my defence in that the claimant does not need to comply with this and to provide documentation?
  10. Hi I've been doing lots of reading of the threads on the forum a nd hopefully have pulled together a reasonable defence. I'm concerned it may be a bit too 'wordy' and would appreciate any feedback from andyorch or dx100uk as you have kindly offered comments previously. Particulars of Claim 1. The defendant entered in to a consumer Credit act 1974 regulated agreement with Lloyds Banking Group PLC under account reference xxxxxxxxxx (‘the Agreement’). 2) The defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the claimant on xx/06/2015 and notice given to the defendant. 4) Despite repeated requests for payment, the sum of £4,000 remains due and outstanding. And the claimant claims: a) The said sum …………. b) Interest ……………… c) Costs …………….. Defence 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. 1. Paragraph 1 is noted. I have in the past had an agreement with Lloyds Banking Group but do not recognise this specific account and have requested clarification by way of a CPR 31.14 and section 78 request. 2. Paragraph 2 is denied, I am unaware of any existing outstanding balance or breach nor ever received a default notice from the original creditor 3.Paragraph 3 is denied I am not aware I received any Notice of Assignment from the claimant nor the original creditor On receipt of this claim I requested information pertaining to this alleged debt from the Claimants solicitors by way of a CPR 31.14. on the 9th March 2016 by recorded delivery. Furthermore a CCA section 78 request was sent to the claimant Lowell Portfolio, by recorded delivery on the 9th March 2016, as of now both the Claimant & their Solicitors have failed to provide me with any of the requested documents. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 and by a CCA request. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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 Consumer Credit 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. As I said, I have looked at other threads to help me construct my defence and Para. 6 above mentions contraventions of section 136 of the Law of Property Act . .. however I'm not clear what the contravention is . . any help appreciated.
  11. Many thanks for confirmation .... I wanted to file as late as possible but just a bit of a concern in case I miscalculated and missed the deadline. Thanks again for your help.
  12. Hello Date to submit defence. Can someone just confirm it is 28 days from when the date of service of the claim is 'assumed' to have been delivered ... i.e. 5 days after the actual date on the Claim Form. In my case :- 1. Date on form was:- Friday 4th March 2. Date of service taken as:- Wednesday 9th march (5 days after date on Claim Form) 3. I sent Acknowledgement of Service:- Wednesday 16th March (done on line) 4. Defence must be submitted by:- Question ... is deadline for this 28 days after the 4th March (= Friday 1st April) ... or 28 days after 9th March (= Wed. 6th April). Good Friday and Easter Monday are in this period ... does this increase time allowed by 2 days? Thanks.
  13. Thank you dx and old rouge. I'll follow your advice and search the 'successful' cases as well. Your comments much appreciated. James
  14. Hi mercyblue Thank you for your comments and assistance. Can I just understand and / or get it clear .... do Lowells have to produce my original agreement (or a copy of) at court ... or not? In your post you wrote:- "Sorry but these two statements are just not true," when referring to the following 2 statements. "In April 2007 the rules changed with the CCA 1974 in that a creditor no longer had to provide a signed copy of the agreement to the courts. Any agreement before that date had to have the original signed agreement to show to the court to ensure enforceability. and pre April 2007 agreements must be true original, post apr 2007 can be reconstituted." I obviously can't remember what (if anything) I signed when the card was issued in 2003. However, if Lowells can't produce it either .. . surely that must be a very strong defense, so I'm hoping , it is true .... at least the second statement!. Particulars of claim were shown in earlier post (above) ... repeated here and they do quote a Lloyds account number but as mentioned before I've no records to substantiate or refute this as accurate. I've deleted ID info for obvious reasons. I'll file defense on line as suggested ... much easier than by hand delivery. Just need a 'vague' defense at this stage. Should I mention in my initial defense that I've received no response to my CCA and CPR requests (assuming that is the case when I need to submit the defense). Thanks again for your help.
  15. Hello dx100uk Not quite sure if you were asking if I have done a Money Claim Online . .. I don't think I've anything to claim for. Lloyds did add a few penalty fees when I couldn't pay but I'd be happy just getting this Lowells claim put behind me. The Acknowledgement of Claim form has been returned (I'll check with the court in a couple of days to ensure they have received it) and I'll await any response from Lowells on CCA and CPR while I draft out my defence. I actually travel up the M.1 quite often (past Northampton turn off) so I'll wait till just a day before deadline before I personally deliver my defence to the court. At least I'll be 100% certain it was received by them within the deadline and it will give Lowells minimum time to 'pull any tricks'. Thanks to all for your comments and advice .. . I've made a small donation to show my gratitude and if this Lowell claim fails . ... I'll definitely be making another one!
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