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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
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[EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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100mel

Abbey - hardship claim

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I've been battling with Abbey for refund of charges under hardship for 12 months - illness, low income etc. They fobbed me off continually using stay etc so that I then referred it to FOS who then placed it back with Abbey for response. Can I just ask for the experience of others with Abbey under hardship - has anyone taken them to court on this?

 

They have now cut my overdraft whilst not acknowledging that without the charges I would not have needed it!

 

Mel

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I've been battling with Abbey for refund of charges under hardship for 12 months - illness, low income etc. They fobbed me off continually using stay etc so that I then referred it to FOS who then placed it back with Abbey for response. Can I just ask for the experience of others with Abbey under hardship - has anyone taken them to court on this?

 

They have now cut my overdraft whilst not acknowledging that without the charges I would not have needed it!

 

Mel

 

Mel, I am sure I have covered this before but I literally post hundreds of time with regards to financial hardship.

 

Do you still bank with Abbey?

Is your account still maintained with Abbey still getting bank charges?

Do you have priority debt arrears(mortgage/rent, council tax, utilities)?

 

No one will get anything under FH in county court(apart from Fee remission, of course ;) )


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Yes - I still have my current account with Abbey - they cut my overdraft then charged when I went over new limit

 

No arrears of priority items

 

I am currently awaiting their final response before taking it back to FOS

 

Mel

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Mel, you aren't a financial hardship case so expect a No from the FOS and Abbey.

Having certain aspects of the hardship criteria does not mean you are in hardship. Without priority debt arrears then realistically you will find it difficult to argue your case.

No bank have to refund even 1p under the waiver.

To clarify the financial hardship elements:

 

"2.

In making an assessment of financial difficulty the firm will take into account:

a.

evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

b.

evidence of the following events:

i.

items repeatedly being returned unpaid due to lack of available funds;

ii.

failing to make loan repayments or other commitments;

iii.

discontinuation of regular credits;

iv.

notification of some form of insolvency or court proceedings;

v.

regular requests for increased borrowing or repeated rescheduling of debts;

vi.

making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and

vii.

repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty)."

 

So its 2(a) plus 2(b) and realistically priority debt arrears that is needed for FH. If you go to the FOS you will have to argue that their reasoning for saying no is wrong based on the final response.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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i sent abbey my hardship letter on june 23rd. apparently they have 40 days to respond, what happens after this if i still havent heard from them? i believe i have a good cause as was made redundant in january, fell into arrears with everyone incl mortgage then took on a temping job whereby my wage is now even lower than before....any advice please people? thanking you as always for this wonderful site.

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i sent abbey my hardship letter on june 23rd. apparently they have 40 days to respond, what happens after this if i still havent heard from them? i believe i have a good cause as was made redundant in january, fell into arrears with everyone incl mortgage then took on a temping job whereby my wage is now even lower than before....any advice please people? thanking you as always for this wonderful site.

 

0800 731 7774

Give them a call and enquire as to the progress of your claim.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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My hardship claim against Abbey is currently with the FOS. Abbey have not responded to anything beyond now sending me threatening letters from debt collections department concerning bringing my account into order down to reduced o/d limit. Charges claim amounts to £800 and have been for months .Wondered if anyone had a particular delightful response to these people who seem to ignore every piece of correspondence sent to them

 

I am not using the account, having opened one of the basic accounts recommended here but it surprises me that they choose to ignore the FOS completely

 

I'm sure others might be having similar experiences with Abbey maybe?

 

Mel

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i filed a FH with Abbey as I would qualify on the above grounds.

 

They refused because the account was closed for over 12 months, they claimed the charges didn't contribute to the FH.

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