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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         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 noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  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.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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NDR nationwide debt recovery charges help?


donkey123
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Hi Guys, i'm having problems with NDR they keep putting over £20 of charges on my debt in administration charges and interest. I've just stopped paying them as my debt just increases anyway. I need to find a way out of this debt i've had it for years. any advice to what i should do? what is the process for asking them to produce credit agreement? and is it legal to charge £12 administration charge and £10.11 interest a month. my original debt was only £100 now it is £411,37

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Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

click the link and send copy of letter N. enclose £1 postal order and send by recorded delivery,

 

with this you are aksing them to provide an agreement, once they have received it you must wait till 12 WORKING days have passed, after this time you are legally entitled to withold all future payments until such time they provide one

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

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Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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Guest forgottenone

This has raised a query now ... How easy is it to reclaim charges back off Littlewoods/SDFS? Compared with the other creditors, I mean?

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  • 1 year later...

if you are being harrassed by this bailliff hand him a letter asking for the information regarding this debt, and refuse to pay if you dont believe it to be true I would check on the bailliff section for the letters and information you require

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  • 2 months later...

Hi. Not sure if this is the right place to post but here goes.......

 

I have had dealings with Nationwide Debt recovery (Littlewoods in-house debt collector) for some time now. We had an agreement which has been reviewed several times over a period of time, I have always paid what we agreed to and they have not added charges - until now.

 

Recently they wrote and asked me to review my account with them, which as usual I wrote to them straight away, enclosing a financial statement. They wrote back to me a couple of days after their first letter stating I had not replied and added £12.00 admin charge to my account. I immediately wrote back to them stating I had contacted them, and once again showed my financial statement and made an offer of payment. Again they wrote to me, with a £12.00 admin charge, saying I had again ignored their attempts to contact me.

 

Again I wrote to them, 3rd time, and once again enclosed a financial statement and offer of payment. Today I received another letter from them stating that, "We have applied a £12.00 administration fee on your account due to the substantial amount of effort they have made in trying to contact me". Cheeky swines. All my letters were sent with proof of posting. Maybe 1 letter didn't reach them but 3??? Anyway I am fed up of banging my head against the wall with these wallies and if anybody can offer any help on the way to proceed I would be very grateful. Also can I add a £12.00 charge against them for "The substantial work and effort" that I am doing to contact them? Thanks.:|

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  • 3 months later...
Hi Guys, i'm having problems with NDR they keep putting over £20 of charges on my debt in administration charges and interest. I've just stopped paying them as my debt just increases anyway. I need to find a way out of this debt i've had it for years. any advice to what i should do? what is the process for asking them to produce credit agreement? and is it legal to charge £12 administration charge and £10.11 interest a month. my original debt was only £100 now it is £411,37

 

 

 

ONCE ON A DEBT RECOVERY COMPANY ALL CHARGES ARE SUPPOSED TO BE STOPPED!!!!!!!!!!!!!!!! A DEBT RECOVERY COMPANY TOLD ME THAT

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  • 3 weeks later...
if they charge me 12 quid i always reciprocate and send a letter charging them the same amount..they have no more right to put charges on the account than i have

 

Actually, that's not exactly true. If the debt is assigned to them then they continue to have the rights under the agreement the original creditor had and that includes interest and charges. IF you come to an agreement with a DCA to repay the debt and don't keep to it, they too can charge interest at whatever they like.

 

How many £12's have you had paid back? - If they don't do you sue them or what?

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that assuming they had a valid contract in the first place, littlewoods have yet to produce a signed contract... in fact i dont believe i have ever seen on this forum a signed legal littlewoods contract... i have never paid any of their charges and whenever i have challenged them they have removed them immediately..

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if you also look carefully the debt was never assigned these are simply the inhouse morons of littlewoods..there strong arm tactical group...NO CONTRACT..no right to add charges...simples...

 

yes, that's what I'm saying, if it's assigned as it would be by Debt Purchasers like Cabot then the situation is different, just trying to avoid confusion, but if you made an arrangement with NDR then they too, even as a DCA of the Creditor and you breach that agreement then they too have a right to charge you. Whether you do or not depends on your constitution handling thier ignorant ways. You seem to have a good handle on them anyway :D

 

Be interested to know how many £12's you had back though. I used to send them out too to the likes of Igor and Wescot for £50 - never got a cheque although I felt like setting a dca on them to collect it. Their argument was that I had no contract with them so it was a one sided agreement which wasn't valid so feck off ! - It was a laugh trying though, turning back on them that which they put on us..:p

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think altogether they sent about 8 letters with 12 quid charges...against advice always given dont ring..i do as i enjoy baiting them..the moment they answered i informed them i was charging 12 quid for this call...they always and i mean always removed the charge they had put on... i dont recommend this to everyone but if you feel strong enough to deal with em

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