OK thank you

Great thank you. Is it worth adding a line? About being at a disadvantage filing a full defence due to having no paperwork and claimants refusal to send any even though I tried to request information via CPR 3.14

Hi again. Can someoneplease have a look at defence below (thanks in advance) One question – Ifthey have not produced a copy of the agreement/contract should I still state:- “1.Paragraph 1 is accepted I have in the past had agreements with Bankof Scotland for credit card services.” Or should I state: “1. Paragraph 1 Iam unsure of any past agreements with Bankof Scotland for credit card services.” Particulars of Claim 1. The Claimant claims paymentof the overdue balance due from the Defendant(s) under a contract between theDefendant(s) and Bank of Scotland (Aqua Card) dated on or about 01/05/2007 2. And assigned to theClaimant on 25/07/2011 in sum of £954 PARTICULARS a/c no: -XXXXXXXXXXXXXXXXX DATE ITEM VALUE 01/07/14 Default balance £954 Post Refrl Cr NIL Total: - £954 Defence The Defendant contends that the particulars of claim are vague and generic innature. The Defendant accordingly sets out its case below and relies on CPR r16.5 (3) in relation to any particular allegation to which a specific responsehas not been made. 1. Paragraph 1 is accepted I have in the past had agreements with Bankof Scotland for credit card services. 2 Paragraph 2 is denied I have no recollection of receiving a Notice ofAssignment. The claimant has failed to issue any statements of account on how allegedsums owed were attained. The claimant has failed to provide any evidence ofagreement/contract/breach as requested by CPR 31. 14. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show evidence of service of Notice of Sums in Arrears (d) show how the Claimant has the legal right, either under statute or equityto issue a claim. 3. As per CivilProcedure Rule 16.5(4), it is expected that the Claimant prove theallegation that the money is owed. 4. On the alternative, if the Claimant is an assignee of a debt, it is deniedthat the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 5.. I have also requested information pertaining to this claim by way of a CPR31.14 request to clarify its claim, the Claimant has failed to respond. 6. By reason of the facts and matters set out above, it is denied that theClaimant is entitled to the relief claimed or any relief.

Thanks for replies Yes first default date Aug 2011 from Cabot nothing from Aqua. Also Default balance is about £200 less than what claim is for (not including court and solicitor's cost that adds another £130).

Name of the Claimant ? Cabot Financial Limited Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Date of issue - 30/07/14 What is the claim for – the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) ad Bank of Scotland (Aqua Card) dated on or about 01/05/2007 and assigned to the Claimant on 25/07/2011 in sum of 954 PARTICULARS a/c no:- XXXXXXXXXXXXXXXXX DATE ITEM VALUE 01/07/14 Default balance 954 Post Refrl Cr NIL Total:- 954 What is the value of the claim? Total with Court fee and Solicitor's costs £1084 Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? on or about 01/05/2007 see POC above Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure Did you receive a Default Notice from the original creditor? Unsure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No idea Why did you cease payments:- Just can't recall Was there a dispute with the original creditor that remains unresolved? Don't think so. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Other info: Had a problems with another credit Card Capital one and by getting info regarding account found it was statutory barred (100%) and may have mixed these 2 cards up when receiving letters (Still get the odd letter from DCA regarding Capitol one Card and ignore them). I just don't have any info regarding this claim. Checked Credit ref Agency and can only find default from Cabot nothing from Aqua.

Will do that in the morning working nights. Claim if memory right 30/7/14 so have to file on 31/8/14 - was away when court claim arrived so put me behind a bit sending CPR to Restons. Yes acknowledged within the 14 days.

dx100uk The debt is an old credit card. Not sent CCA request (but will do in the morning) thought that requesting a CPR would achieve same - asked for copy of the agreement in CPR. Thought the solicitors acting on behave of claimant would need a copy of this for the Courts?

Thanks for reply. Working nights will post in POC in the morning. In the meantime a bit confused with CPR. Although you requested documents in order to file a defence/counterclaim. We point out that the POC contains sufficient information in order for you to understand what the claim relates to: 1. The date the account was opened. 2. The account number 3. The outstanding balance 4. The name of original creditor 5. The fact account has been signed to Claimant and when it was assigned. The above is the POC with details missing. I used this site to help/research what to do and used the CPR template on this site which asks for: The agreement, the assignment, the default notice, the termination notice and statement of account. How do I get these if it's not on the POC Sorry if am missing something getting a bit confused here

Hi all I sent a CPR 31.14 to Reston solicitors and got thefollowing response in brief. Please can someone look it over and any advice would begreatly appreciated. (Already acknowledged claim via MCOL) Claim issued via County Court Business Centre (Northampton) which is a procedure specifically provide for in the CPR. What does that mean? Anydifference being a County Court Business Centre? Paragraph 5.2A of practice direction 7E specifically states “The requirement in paragraph 7.3 of practice direction 16 for documents to be attached to particulars of contract claim does not apply to claims started using an online claim form, unless particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction. How do I defend if I can’t get what I need? See no reason to supply copy of contract/agreement as you would have received one at time of opening account? Probably did but since it was around 2006 can’t find it. Am I entitled to a copy? Stating documents I asked for are not mentioned in POC and therefore CPR does not apply. I asked for (using template from this site) 1: the agreement. You willappreciate that in an ordinary case and by reason of the provisions of CPR PD16 para 7.3, where a claim is based upon a written agreement, a copy of thecontract or documents constituting the agreement should be attached to or servedwith the particulars of claim and the original(s) should be available at thehearing. Further, that any general conditions incorporated in the contractshould also be attached. 2: theassignment 3: the default notice 4: the termination notice 5:statement of account Although you requested documents in order to file a defence/counterclaim. We point out that the POC contains sufficient information in order for you to understand what the claim relates to: 1. Thedate the account was opened. 2. Theaccount number 3. Theoutstanding balance 4. Thename of original creditor 5. Thefact account has been signed to Claimant and when it was assigned. Do I ask again for information I need or can I submit adefence that I do not have details needed to defend the case – could statutorybarred need statement of account to find out. Again any advice would be greatly appreciated.

Got court papers how do I proceed? Obviously I owe the amount they say I do, do I put whole amount or arrearsin liability part of form N9C? How do I proceed from here? I have tried to resolve this they’re unwilling to take any offer, their wayor no way. Case is set for end of April and I will be able to pay 2/3 of arrears end ofMarch (just been issued bonus at work payable end of March) do I try to paythis before hearing or not? Please help

Hi I have HP on car over 60 months have made 20 payments missed 2 then made another totalling 21 payments. I made an offer to pay missed payments over 6 months this was rejected. Received a termination of contract! I want to resolve issue but finance company seem unwilling to help. If 1/3 is paid then they need court order for repossession – Correct? What is 1/3 equal too, the price of the car or the full loan agreement with interest and does the trade-in deposit count? Understand I can do a time order if 1/3 or more is paid? Thanks in advance Ps forgot to mention lost agreement (Will be requesting a copy)

This will be long winded (sorry) will go slowly a lot I donot understand so 1 small bit at a time. On a fixed rate mortgage I missed a payment then attract charges for the missed payment. 1. There is separate interest charged on the arrears/charges 2. The fixed rate payments increase due to balance increased due to missed payment andcharges. If I am paying separate interest on arrears/charges and mortgage company state “These charges will attract interest on your mortgage account where your capital balance has increased as a result of the charges” how can both 1 & 2 happen? They state “capital balance has increased” so surely charges have been capitalised to mortgage therefore no separate intrest on arrears/charges if fixed rate paymnents increase am CONFUSED

Thanks for the reply jessejames (frank will be chasing the loot too). Do banks have full access (can look at themselves) to the last 6 years or can they only do this when you request it?

Received my fob off reply via post today. Couple of quotes from letter Quote - “Please be advised that the bank’s system does mot easily allow access to customer accounts prior to twelve months ago. As a result, we are unable to view any charges that might have been applied to your account prior to that. Against that background, please contact your branch to request historic statements for your account, these will cover the past 6 years and cost £5” Better than £10 Quote – “We have considered and responded to the Office of Fair Trading’s statement of 5 April 2006. We do not accept the Office of Fair Trading’s findings in relation to credit card fees. We are concerned that the Office of Fair Trading has publicly called into question the settings of charges applied to other products, including current accounts. The Office of Fair Trading has restricted its investigation to credit cards and made no attempt to consult with RBS or the industry in relation to other, entirely different products.” Oh well to next stage of process to claim back.

Cheers

My mother bought a flat & it is Lease Hold. The Lease holders demand that you can only have their buildings insurance, is this true? More detailed info can be proved if required.

Cheers for reply Taken bull by the horn & took a little differnet approach due to not knowing about Service charges. Asked for refund via RBS website complaints giving them 14 days- probably will get ignored but have offered as a quick settlement 80% of charges. I have not mentioned any amounts just asked for last 6 years. I have my bank statements since iv'e been with them so no need for SAR and know how much total in charges are & total in so called service charges. Therefore "IF" any settlement figures are sent will have an idea on what has or has not been included - if nothing offered or ignored then will pursue for FULL refund.

Firstly hi to all I have only just joined & know there is a lot to look through but...... How can one calculate how much they have over charged? Examples Charge with RBS for unpaid Chq £38 & Service Charge for maintainance of account £28 then the interest that is applied. Don't know how to start? is there a set fee for lets say the £38 for unpaid chq or can I claim for it all? Service Charge of £28 can't be claimed right?