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    • Thank you. MCOL all done. Does my CPR 31.14 request letter seem okay? ****** ****** ****** *****   Lowell Solicitors Limited PO Box 1419 Northampton NN2 1BU   21st October 2019   Dear Sir/Madam,   Re: Lowell Portfolio 1 Ltd v Mr ****** ****** Case No: *********** CPR 31.14 Request   On Friday 18th October 2019 I received the Claim Form in this case issued by you out of the Northampton County Court Business Centre.   I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.   Prior to the issue of proceedings, I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:   1: The Agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   2: Notice of Assignment   3: The Default Notice   4: The Termination Notice   5: Statement of Account      Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.    You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.   In accordance with CPR 31.15, I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request, please confirm this in your response.     Yours faithfully,   *************
    • Documents sent to Idem & Court. Received by the Court on the day required (assume Idem will get it same time too??).  Just sit and wait now??
    • Thanks dx. Heard nothing from the court yet. Finally manage to finish redacting and compressing the documents. I've attached one to this message and the other to the next message.  Binder2_compressed.pdf   file number 2 Binder4_compressed.pdf file number 3. sorry for the trouble @dx100uk, I couldn't find how to compress it further.  Binder5_compressed.pdf   There is an application form for the loan which has my name and address on the first page. It has the account number on the last page on which I signed. For the life of me I cannot remember taking this loan, but I must have. It is not too strange. Because of my previous stress I am not able to remember quite alot of things.  I'm not sure what I should do next. I've been trying to read other threads but I am really lost. Can I make a defense or is it best for me to contact the DCA and make a payment arrangement?
    • always better to re read your thread 1st.....😁
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Okay – can you post a copy of the default notice issued to you in accordance with s87(1) of the CCA – minus your personal details but include the date it was written.

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I never got one from them. But when I checked my credit file it had a default on it and also the overdraft. The 2 are now together and I have been dealing with DG Solictors since April 08 and been paying a set amount each month. In October was when they started to pester me to increase payments and that is when I cca'd them

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Okay – you must send them a letter explaining that your financial circumstances have not improved since entering into the reduced payment plan (if indeed this is the case) If ever this agreement becomes the subject of legal action you must demonstrate that you have made every effort to be reasonable with the creditor or there sols.

Can you just confirm that you haven’t signed a new agreement combining the loan and current account together.

Then we can discuss the Default Notice in more detail.

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No I didn't sign anything at all. When I cca'd them they also sent statements through for the overdraft and the loan. I'm in the process of trying to claim back charges on the overdraft but they have replied saying that due to the test case they will wait for that outcome!!

 

When I got the statements I noticed that they had continued to pay the monthly loan payment from my overdraft further increasing the overdraft and charging me anything upto £125 each month too in charges. I couldn't cancel the DD as they wouldn't allow it.

 

Around the time I sorted a payment plan out with DG (I had buried my head in the sand for a while) the overdraft was increased and the loan was paid off. Thinking now this must be around the time they defaulted me as the account was closed on the loan statements, but like I say I didn't sign or agree to any of this or get a default notice

 

Thank You for your help

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Okay – I must admit this one is getting away from me here but can you now confirm that they have increased your overdraft to pay off the loan – or have I got my wires crossed.

Also, if you’ve paid off the loan then the agreement is actually at an end.

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Thats exactly what they did. By the look of the statements the balance of the loan was set to zero and closed and the overdraft was increased by the loan amount. The overdraft and the loan are now seen as 1 amount but I was never told this was going to happen and I never signed for anything to happen. Since April 08 I have been paying around £80 a month to them for the total of 2 accounts. It's not £40 for the loan and £40 for the overdraft it's just £80 for the 1 account as they have it now.

 

Hope I'm making sense there

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Okay – this changes the whole situation – not sure how to go about things here but by the sounds of things HSBC have closed a loan account (without your consent) and transferred the balance to your current account (again without your consent) and this breaches the Consumer Credit Act 1974.

As far as I am concerned (and I need to give this a little thought) you should be able to dispute the whole of the current account – this will still be under the provisions of the Consumer Credit Act 1974.

You might need to do a D.S.A.R (unless you’ve done one already) we need to see that default notice.

I’m going to think this one through for a while and will post later on but if anyone else has something to add then please be my guest.

We will get to the bottom of this one!

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Thank You.

 

I haven't done a D.S.A.R but certainly can do.

 

I'll wait until you have had a think on it and thank you again

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Okay – I would suggest a D.S.A.R and you can use one of the template letters from here. We really need to see that default notice so I suggest you specifically request a copy of your loan agreement and a copy of the default notice issued against the agreement and a copy of your bank account agreement/application. If you are not up to that then let me know and I will put one together for you.

 

Send the above (recorded delivery) to the Data Controller at the HSBC registered office which is:

 

HSBC Bank plc

8 Canada Square

London

E14 5HQ

 

Next – as I suggested earlier – you need to send a letter to the sols confirming that your position hasn’t changed and you cannot pay any more than has previously been agreed and in fact you would like to reduce the payments if possible. That will at least buy you a little time whilst you await the results of the D.S.A.R

 

I am assuming that you no longer use this account and you have access to another bank account if required.

 

That’s just for starters – okay

 

TBH I’m still a bit perplexed as to why the HSBC has done this.

 

Considering the time of year then it’s probably best if you wait until early Jan ’09 before you send out the letters – make a post when you have just as a reminder.

 

Have a nice Xmas and try not to let it worry you – okay.

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