Thanks Bank Fodder - I will do that

Thanks for the replies guys. Have completed the online AOS and sent a CPR 31.14 to sols by recorded delivery today. Let's see what/if anything comes back. Many thanks Foxy

Think I've just found my answer on a thread from Feb 2011 There is no way on earth my little man is being returned to that ****e hole - it's not even fit for dogs to live in

Basically, I lost my Great Dane last year and was totally devastated. Apologies for the long post. I went to buy a new pup from a guy who lived about 70 mile away. When we (me & sis) got there he only had 2 left - I was going for the dog. He showed me the pups dad and his mum - he said the reason why he had been reduced was that they were £750 originally and a woman had left a £350 non-refundable deposit so I was paying the remainder as she had given back word. He asked me to fill in my details on a form - gave me a petplan puppy pack with 6 weeks free insurance - gave me some of the food he was on - a worming tablet etc. When I filled in my details on the sheet - it said Kc reg no applied for which he had ticked and also KC reg applied for which he had ticked. Then he explained the sentence which basically says I can't KC reg any pups if I breed with my dog - progeny or endorsement or something suchlike. He gave me a 5 generation pedigree in my puppy folder and said that if I let him know what I had named him them he would register him in that name. I did this by text 2 days later - which he acknowledged. After xmas I called him to chase his kc paperwork - this guy said he was glad I had reminded him and he would get straight onto it!! I got a really bad feeling about this from the word go - the house stunk and was full of so-called 'rescue' animals ie parrots etc. I called the Kennel Club and gave them the sires name off the pedigree cert and - he is kc reg - gave them the dams name -she is kc reg - but KC said that they have not had a litter of pups registered to that dam - ever!!!! I called this guy and he tried to give me the same gubbins so I told him straight that I would give him a week and then would seek to take action. To make matters worst, I called a breeder from the KC accredited breeder list in this guys area and would like to say I am surprise by what she told me but was not. She said if my pup was healthy and happy not to bother about the kc reg papers as he was one of the lucky ones!! Apparently she and others are petitioning to get this guy closed down as he churns out pups for money and a lot of people have lost their pups a few days after purchasing. The man is a complete arse and obviously thinks he is above the law and laughing at everyone he deceives - not to mention the poor pups that have died. Don't get me wrong, I love my little pup and (touch wood) he is fit and healthy and please don't tell me I should have looked on the Accredited breeder list - I did but no-one had any pups at that time anything like close to where I live. Sorry for the long post, but any ideas on where I can go from here? Tbh the KC reg is not that important as he is just a pet but it's the misrepresentation and deceit in the sale - and I have noticed that other pups (even some that say KC reg) are going for as little as £260!!

Hi everyone I have received a court form from Cabots (Morgans Solicitors). Like Heathrows thread on here the POC are very vague and exactly the same wording. It says it was assigned from Bank Of Scotland but I am thinking by the amount that it is RBOS. Back in 09/10 I went through a law firm to check if my agreements were enforceable (I believe things have changed since then regarding case law). They sent the law firm a letter saying they had not got the agreement but the monies were still owed etc etc. I have received nothing further from them since then - other than RBOS credit card statements.Initially I was paying £1 a month until they provided the agreement and then me and my OH split up and I was having to borrow money to pay for everyday necessities ie, food, petrol to get to work and so stopped paying that also. There is around £2.5K of the balance being claimed made up of default charges etc that have accumulated. Do I reply as in Heathrows post for my defence? (taking out the fact that it is only one card not two) and sent a CPR31.14? asking for the agreement, statements and assignment notice? Is there anything else I should request? Many thanks in advance. Foxy

Thanks everyone - I'm soooo chuffed Thanks to everyone who has helped and guided me along the way - I am truly grateful. Foxy :cheer2:

I am relieved HD!! Can I just say a massive thankyou to all you guys on here that have helped me through this. Wasted costs?? The only thing I've stood to is approx £5.50 for the guaranteed next day delivery for my recent court papers (phew) - however, think the family are owed a fortune to have put up with my mood swings and general whittling about this - bless em. CB - don't worry I will keep it in a safe place. Last but not least, more recently, thanks to Andyorch for his life saving post advising about details on the court form - it saved me and was much appreciated - thanks Andy. Feel like a weight has been lifted off my shoulders - now where's that vino Foxy

Well, that's a turn up for the books!!! Received a letter today from **** solicitors advising me that after a review of the case the claimant has made a commercial decision not to proceed with the matter, on the condition that both parties bare their own costs to date. They have requested that I write to confirm that I am agreeable to it under the above conditions. On receipt of my written agreement they will file a Notice of Discontinuance at court. Any catches or is it really as good as it looks??????? Many thanks Foxy

Anyone

Hi Citizen, No, I didn't do as the mould suggested as I had no money to offer them in f & f setlement. I think it is the small claims as on the questionnaire it asks if I agree that the small claims is the correct route to go. What do I put in the box about additional details - shall I mention again the invalid default notice - how shall I word it?? Thanks Foxy

Hi everyone I have today received a court order form - Lloyds have applied for the stay to be lifted and the case to be transferred to my local court. It says it has been granted under the courts case management powers under Civil procedures rules part 3. On the application they have stated that 'the claimant believes they have a valid claim and the defendant has no reasonable grounds of successfully defending the claim". They have enclosed an N149 for me to complete and send back to court. Should I not have known before this was granted that they were planning on lifting the stay?? I have no money to pay them but felt I had a good case due to the default notice served and the difference in terms on the recon copy of my agreement and the one that copy of the original I was then sent. Due to recent events I am struggling to function at the minute so can do with this like a hole in the head Any advice welcome. THanks Foxy

Hi ims21 and thanks for your quick reply The letter mum received was dated 21st Oct and it was calculated up to 15 Nov - when I called up and got the figs and dates etc it work out correct - but since then they have taken 2 more full payments. My point is, when this is refunded it will clear the remaining balance of the loan - so why should she have to keep paying?? (it's about £170 per month!!) I was going to draft a letter saying that if it is not sorted by the next payment date then they are getting no more money as technically nothing is owed and they will be reported to the FO. I did the letter for mum initially in July this year!! The PPI was calculated per month as £23.17 and the offer stated £1668.24 (72 months worth) which was correct - but since then more has been paid. THey have also added on £411.22 as a calculation on this figure as 8% interest. Does this sound right? PS she hasn't got the loan statements and she can't access them anymore on online banking as they are 'calculating the new PPI figure' ! The offer letter also states that her live PPI cover will be cancelled unless she contacts them - which she hasn't done about this. Thanks Foxy

Hi everyone Apologies now for the long post. I am posting this on behalf of my mum. We decided that we would try and get our PPI refunds back ourselves instead of going through a company that charge a % fee. I sent the template letter to the co -op and they sent me an offer back - this was a full breakdown of payments +8% (allbeit I couldn't be bothered to SAR them for the exact details) - I accepted and it left me with a few hundred pound to pay and the loan is now finished. Happy Days!!!! However, my Mum sent the exact same letter to Lloyds and received a letter acknowledging her complaint and saying that they now have 16? weeks as per FO to sort the claim out. SHe then received a letter with an offer (this wasn't like my Co-op one) - it had no breakdowns as such - just a figure then another figure and a total. I called them and got the info ie payment amount, total loan and PPI % of payments. This figure would lave been about right for the PPI payments made - but mum had made another payment by the time they had got their finger out and sent the letter. She called them and said that another payment had been taken in the meantime and therefore the PPI offer was incorrect. They said they would recalculate it. She has since been in touch with the PPI dept and the bank and just keeps getting passed from pillar to post - one is saying that they can't see anything on screen until the NEW settlement figure is processed. They have taken 2 more monthly payments (which include PPI) premiums since she first received her offer letter . The PPI will clear off the loan balance and she will have some money to come back!! I have told her to cancel her direct debit and write them a letter stating that they are way out of the FO timeframes and that she will not be paying another penny until this is settled. She is an OAP and this is really frustrating her - she has spent a fortune on calls and al they do is pass her from one dept to another. I really want to slap them!!! Your thoughts please - not on slapping them - on my advice of cancelling the direct debit and sending them a stinker of a letter. Do you also thinks it's worth her sending them a SAR as there is no breakdown of payments - the info I got was over the phone. Thanks Foxy

Looks like I spoke too soon Dotty I received a letter today (dated 23rd Sept) saying that I haven't replied to their offer of £625 blah blah blah from their letter dated 13th June - can I let them know within the next 14 days what I intend to do or call them to negotiate Hmmmm Foxy

Hi All Yes Dotty - that is about 50% of the balance (inc their solicitors fees, default charges etc). Blondie - I'm not saying it is - but I am willing to wait and see!! Foxy

Hi everyone Just a quick update - particularly for those who are going through this also. Shortly after LTSB ran out of time and the case was stayed, I received a letter offering a full and final settlement of around £650. I never replied and haven't heard anything since. Thanks everyone for your help and support. Foxy

Thanks Slick for your reply. It looks like it will be ok now as she has discovered some paperwork 'squirreled' away and it would appear that it is in joint names and he was just lying!! She has also discovered that he opened an ISA in her sole name and has managed to save £8k (secretly!!) and then 'squirrel' that away somewhere else also. She is looking into the fraud aspect of that as she was totally unaware of this account in her sole name. Thanks again Foxy

Hi everyone Just wanted your opiions on this. My sis is splitting up with the hubby - she has a £19k debt (in her sole name) to Barclaycard. THis was an amalgamation of both their debts. She is concerned as if he refuses to pay his half then she will be unable to meet the repayments herself. In talking to her - it turns out that the application was in her sole name (he couldn't get credit due to his bad credit history - which is why I suppose she just applied in her name). However, on the application she said that they had taken both salaries into consideration. So the application was just in her name yet they have credit scored it on both salaries - she said that it was included on the additional income part of the application form. Surely if the application is in a sole name they must credit score it on that one salary?? Any advice would be appreciated as she is fragile to say the least at the minute. Many Thanks Foxy

That's what I thought - but they say it's to save costs on both sides. If they have such a strong case surely they would have just proceeded with it!!

Received a letter today from **** solicitors saying in response to my defence and to save costs on both sides...blah blah... our clients are willing to accept a 50% full and final settlement (this is 50% of court paper figure btw which includes sols fig court fee fig and all the default charges they have added!!). They then say that if I don't accept it they will lift the stay and apply for a hearing date. What does anyone think?? pt?? Many thanks again Foxy

I've just phoned the court and they haven't heard anything from **** solicitors. The very nice lady explained to me that it has now been 'Stayed' and the other side will have to make an application to remove the stay and proceed again if they want to continue with it. I'm just wondering if it's worth making an application to have it struck out for the sake of £80. What do you guys think? Risk v result?? Or wait to see if they make an application and then oppose it and ask for it to be struck out - if I can do that. Thanks Foxy

Hi everyone I received a letter shortly after I submitted my defence from courts (dated 26th April) stating that they had received my defence and would send it to the claimant. They said that they had 28 days to proceed to further action. I worked that out to the end of May. We are now on 3rd June and I haven't heard anything. Do I have to do something? I think I read somewhere that I apply for something to the courts with them not responding. Or do I just sit and wait? Many thanks for all your help previously - it was much appreciated - things just got on top of me Foxy

Hi guysThanks for your responses.Pt - I did feel gutted tbh as I wrote my defence as best I could and posted it for advice and AS gave me some good points - which I did include. I didn't realise that I could send an amended version.I (probably like most others) have a lot on my plate at the mo and when I phoned the court she said it had to be in by 4pm as this is the last time they check for responses. I had to email it as I couldn't get logged onto mco. It was just a massive panick filled afternoon and I did feel somewhat overwhemed. Thanks for your response though Pt - it was much appreciated.Would you suggest that I submit and amended defence then? or go for a stay of execution as someone else suggested until they can provide me with a legible copy for my original t&cs? Also, am I able to (well I have done anyway in my defence) request that they bring the original application form to court? to clarify the details as the copy is bad (although the APRs can be read the other details are worse).I found discrepancies in an APR on the rec version to the original which I also stated in my defence.Many thanks everyone - much appreciated.Foxy

1 word - gutted!!But many thanks to those who have assisted me and given me support.Foxy

A bit too late Pt - my defence had to be in by 4pm today Thanks anyway Pt - they will come in handy when I have to face them in court. I will read them carefully.Foxy