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    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
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Lloyds credit card cca unreadable


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Got a response from the court... acknowledging defence, telling me to await direction etc...

 

Been doing some digging for old documents etc and found an old statement - when I put this next to a so called 'copy statement' that **** sent me a little while ago the numbers do not correspond at all! Its a right mess! Transactions that I don't recognise for different amounts on the same date on each 'copy'... :)

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Oh dear...They haven't been nawty and made up the statements have they :eek:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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That's what it looks like they've done, though why they would do such a thing beggars belief! The 'statements' just don't make sense either. This with a catalogue of other blunders on their part, for which I have the evidence!:):)

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  • 2 weeks later...

got a letter today from SCM - it says 'we are still awaiting receipt of copy statements'

 

It also says that they will be applying for summary judgement if this cannot be settled by me agreeing to pay the full balance or negotiate an offer.

 

So - no default notice or termination letter, an illegible document they claim is an agreement, a single page of a statement which is clearly wrong and is different to one that I happened to find in my house of the same date (neither show any actual transactions), a letter which quotes a different account number and balance and says that 'copy statements will follow' and now a letter which tells me that SCM still are unable to send me the documents that support this claim and BTW we're going for SJ !!

 

Well maybe they're just not used to people fighting their corner or this approach is working for them on the whole... who knows.

 

At least I now know to expect their SJ application

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Get everything ready as early as you can because some companies call the court on the hearing date and ask for an SJ! It might be granted if the court hasn't processed your parperwork.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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An SJ is usually granted when the claim hasn't been defended, there would be no hearing as the judge just gives judgement by default. Call the court after sending in your paperwork by recorded delivery or special delivery. Better still, take it to the court yourself and get a receipt!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Ok well I've put in an embarrassed defence as the claimant has not provided any documentation despite my request under CPR. My defence was confirmed by the court

 

I am going to send the following letter to them in response to them informing me that they are going for SJ.

 

dear sir/madam....

 

I acknowledge your last letter dated 30th October which I received 6th November. In this letter you say that you are awaiting receipt of copy statements from your client. In another paragraph of your letter you say that you will be applying for Summary Judgement in this case. You are clearly acting with complete disregard to CPR.

In the Particulars of Claim, you refer to the following:

  • Monthly Statements –I never received monthly statements and you told me in your last letter that you did not have any copies
  • Agreement (credit agreement) – you are yet to provide me with a true copy of the credit agreement that you claim exists for this case and it is my belief that you do not have such a document
  • Default Notice – you haven’t provided me with a copy of this despite my request under CPR. I deny that you sent me one and that one exists
  • Notice of Termination - you haven’t provided me with a copy of this despite my request under CPR. I deny that you sent me one and that one exists

What you did send me in response to my request for information were details of someone else’s account with an entirely different account number and balance to the ones quoted in the claim.

If you were able to provide me with all of the documents referred to in the Particulars of Claim, I would be entirely willing to enter into a payment arrangement with you without the need to go to court. These documents will show us all the validity of this claim and will verify (or not) that the amount you are claiming for is accurate

I look forward to your response.

yours faithfully

 

A waste of time?

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I'd be leaving this part out altogether.

 

If you were able to provide me with all of the documents referred to in the Particulars of Claim, I would be entirely willing to enter into a payment arrangement with you without the need to go to court. These documents will show us all the validity of this claim and will verify (or not) that the amount you are claiming for is accurate

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Ok well I think I might leave it then as I have given them plenty of opportunities and requests to supply this information anyway - fight them in court it will be!

 

Thanks for your comments!

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I have read today that within the job cuts that Lloyds have made, 60 jobs are to go at City Park, Hove... This is Consumer Debt Recovery or BLS or SCM.

 

Its never good to read that people have lost their jobs but I wonder what they think of Lloyds Bank now! Probably similar to what I and a lot of CAGers think of them!

Edited by framboise
Missed out hove
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  • 2 weeks later...

Hello

 

Allocation Questionnaire has arrived, transferred to my local court.

 

going to give it a go but may need to ask some questions

 

The claim is for around 13K, which track should I tick? Fast, Multi or Small Claims?

 

Thank you for looking in!

 

F

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