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    • Particulars of Claim (for Reference - not to be submitted with defence)   What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx   2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD) Written notice of the assignment has been given. The Claimant claims 1.The sum of £2792 2. Costs Defence   1.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.   2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.   4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.   5.Paragraph 3  is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .   6. It is denied that any amounts are due under any agreement.   7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .   8.Therefore with the court’s permission the Claimant is put to strict proof to   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   10. 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 crediticon Act 1974.6.   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. (Defence mainly taken straight from Micky the Hippo's similar defence)
    • On the MCOL site. I hadn't submitted the defence, but it was mostly filled in. I just left it on. I'll submit it by 15:00 today unless I hear otherwise. 
    • The letter from Drydens is asking me to respond to their letter:   "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."   Obviously I don't want to ignore it. 
    • 2. within 28 days from the date of service of this order, the claimant is to file and serve a copy of the agreement and guarantee referred to in the particulars of claim and reply to the defences field   The claimant has been ordered to send you a copy.
    • From your upload page 6......points 6 and 9  and 10.
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Debtmountain

Debt Mountain's Missus Versus Lloyds TSB Credit Cards X 2.

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Sent a recorded delivery letter on 4th December to the Copy Statement Unit listed in the contact details thread under the D.P.A., but nothing is showing up with Royal Mail on their website. I even phoned Royal Mail and they said they had absolutely no trace of it. Has anyone else had a problem sending mail to this address? Does this Copy Statement Unit have a phone number?

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Hi, Debtmountain.

 

Spotted this in a thread...

 

"I received my reply and copy statements from the copy statement unit, Swallow Street, Birmingham".

 

Looks like it does exist.

 

Also found this......

 

"I had the same problem, the first copy (charges only) came from the copy statement unit, Birmingham'; but in the end I actually got my statements going back to 1997 from my local branch, but only by ringing the Customer Service Recovery Centre, Andover -01264-725214".

 

Hope this helps.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Do you claim back the £10 S.A.R. fee with the charges in your precourt letters or can you only claim that back if it actually gets to court?

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Hi, Debtmountain.

 

You claim back the S.A.R. Fee at the court stage.

 

A tenner's a Tenner ;)

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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One set of statements received. They seem to have 'difficulty' locating the closed account that had a lot of charges on it. They also pretend to not know what a S.A.R. is. Isn't that always the way? Hmmm. Will update after their deadline expires.

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Lloyds are crafty as a bag of spanners ;-) They paid me the amount of charges I was claiming but only added about £4 interest which I calculated at around £200 and then tried to make out they'd settled the claim.

Watch out for every trick they can possibly find. Just makes it more satisfying when you win though :-)

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All statements now received. Prelim letter will be sent in next few days.

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Good luck.....:) .

 

 

 


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Realised we only had 5 years worth of statements. We reminded them we wanted 6 years worth of statements. They agreed, but we are still waiting. Going to the ICO soon.

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Keep at them ;)


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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After a long battle with the I.C.O. we finally got the statements through over a year late. Firstly, are credit card claims still good to go? Secondly, could we sue them for not providing the statements on time? We would like to. All correspondence with the I.C.O. and Lloyds, including their grovelling letter of apology, has been retained.

Edited by Debtmountain

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After a long battle with the I.C.O. we finally got the statements through over a year late. Firstly, are credit card claims still good to go? Secondly, could we sue them for not providing the statements on time? We would like to. All correspondence with the I.C.O. and Lloyds, including their grovelling letter of apology, has been retained.

 

Forgetting the issue of suing them, are credit claims still good to go or not? Any advice appreciated.

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got my sar for cc then added up all my charges 540 + 8% and got all back

keep at them they will pay up................. shame about bank charges they are over 3k bar humbug

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What templates should we use for the preliminary letter and LBA?

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look in library my friend theres one there and adapt it to your circumstances

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