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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Yes Loans Uk

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Hi , My husband received a phone call from yes loans the other day as we were looking for an unsecured loan we done an application with them and they told us that we had been accepted and what the monthly repayments would be , the advisor asked my husband for his debit card details which my husband gave as he thought it was just part of the application process for verification purposes , Now i have checked my bank account and they have debited £49.50 from our account there was no mention on the telephone conversation of any fees or anything and my husband did not give any permission to debit any money from our account.

I am really angry and I have sent them one hell of an email as i feel they have commited fraud , i have again emailed them today and had no response from either email . Has anyone dealt with these how do i get my money back anyone have any contact details for them pref email addresses.

Thanks for reading.

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Inform the bank that the transaction was unauthorized. They will normally refund it and investigate.


Just some guy. I try to help, but all advice is my opinion.

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I've had the same problem with Carter & Carter Financial / Easy Step Loans, they took £499.99 off me.

 

I tried my bank and they can't do anything about it because I gave my card details.

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Hi Hans Solo!!

 

HAPPY TO HELP

NTYL

Edited by Rooster-UK
Email address removed.

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Just to update all on this site I got my money back off Yes in 3 days.

Edited by Rooster-UK
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We do not recommend giving or taking advice by email or PM.

We help everybody, not just a chosen few.

Information given by email or PM cannot be checked for accuracy.

 

How do you know that you are not giving your details to a DCA spy?

You have no way of knowing.

 

Regards, Rooster.


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Please help!!! My partner applied in May 2010 for a loan with Yes Loans, they took the money and he recieved no other communication! Then they phoned again in June 2010, and he told them that he was not interested and did not have the money! They took it anyway, and on the bank statement it shows up as Mrs Cashback!!! I have since written them a letter, and we have still had no response!!! What else can we do???

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Yes loans are a disaster and I would avoid them at all costs. I made the mistake of conatcting them for a £2k unsecured loan 5 weeks ago. I have a 5 year old default on my file so I knew i would have no joy with my own bank or others on the high street. The initial conversation with them was straightforward enough and I was quoted a favourable repayment amount over 24 months. Then the bull**** started and I fell for it. I was asked to provide my debit card details with the promise of a telephone offer the next morning. My card was debited £69.99 and I am still waiting for the call or any correspondence. I cancelled my "agreement" with them in writing 2 days later and am still waiting for my refund, which I believe they must pay within 31 days. That is tomorrow, so I will wait with patience.

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I am in the process of a court hearing with this company.

I am putting a file together which a great deal of people have sent/emailed me statements of their dealing with Yes loans.

These files are to be presented along side my claim in a court of law,.

Please email me your accounts of this company. The file is getting thicker by the day. email me at : ref2403@live.com

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Hard to believe really, but I received a cheque today for £64.50, £5 less than my original payment. I understand this is their admin cost. I tried several times to get through on various phone numbers but gave up after waiting for ages. So, without actually getting to talk to them I have received my refund without too much hassle, all be a week or so late. Of course the cheque may bounce but I am not expecting it to. My lesson learned is NOT to pay broker fees for doing something that I could probably do myself. Good luck to those of you pursuing your cases further.

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So they have scammed you then????

You have put money into there pocket by calling them, they have had 1 month interest on your money then pay you £5 less...

They state in their T & C's that they keep your card and bank details, so why let them get away with keeping your money, they can put it back into your account straight away.

There sale agent lied to me, and they have refused to give me a recording of the conversation I had with him ( which I am legally entitles to) I have sent 3 recorded delivery letters asking for this and I stated I am willing to pay a £10 fee (which is the maximum they can charge). still no tape even though the letters have all been signed for. Guess what I open a court claim and they respond within 3 days.

If your willing to lose your money and be lied to that's fine...But I for one am not !!

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I agree that they have scammed me, but I feel a complete fool to have fallen for this. The recording of my initial conversation with them would make me squirm. So patient, so understanding and helpful until they had my card details. Then another operator apologised that they had a systems error and basically said goodbye. This maybe was their only lie to me. The rest was clever speak and wording which I fell for. I appreciate they have had my money in their account for several weeks but am genuinely suprised to have got anything back without a real fight. I did pursue a claim in the small claims last year against a million pound company who owed me several thousands of pounds. I entered a claim for several single invoices worth around £1000 each and got my money very easily. However I lost business afterwards and have such become very dubious about pursuing some items through the courts.

I wish you well with yours mate and remain embarrased that I fell for this rubbish ploy.

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Its not clever speak, it is misleading which is a criminal offence to intentionally mislead to gain ...Fraud act 2006

 

I know people can be pressured into giving bank details, even desperate..but read the forums there are hundreds of people they have scammed...now not every one is stupid....they are mislead, I have spoken off the record to people who have worked there and you would not believe some of the stories....

They are given scripts to read, but any slight deviation is deliberately misleading people..like i say is a criminal offence

 

everyone email me your dealings with these con men and i will had them to my growing file to present in court

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How did the court case go?

 

Hi, ref2403 has not been online since August 2010, very much doubt you'll get a reply.


 
 

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