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    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [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.   11) 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.   12) The claimant states that a default notice was issued on 18thJanuary 2017. The notice of default provided by the Claimant, dated, 18thJanuary 2017. The payment date requested by Vanquis Bank Limited,  28thFebruary 2017. The formal Notice of Default that was allegedly enclosed at the same time displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   13) 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).   14) 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.   15) 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.   16) It is denied a default notice was ever received.    17) 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.    18) 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.   19) 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.
    • Ok I’m still thinking about this PayPal but only because ive been reading other forums and them saying that PayPal sells the debt to other companies and then they chase you for it .   Here are the other debts I have below and I’m still paying them all but now really struggling with it as I’m now full carer and no tidy income. None of these have I failed to pay yet to date and ive never been to court or anything and no criminal record ive always been clean & tidy and always paid things without fail but due to circumstances already said about ive now got deeper in owing more and just really struggling now and cant afford all the payments I’m paying plus then all the interest that keeps going back on them.   Nationwide building society credit card  £4,400 Nationwide building society overdraft £345 Capital 1  £2,594 Argos credit/store card £1,904   the wife also has   Nationwide credit card £1,600 Argos credit/store card  £1,875 Capital 1  £1,280   Its the Nationwide bank I’m really wanting to keep sweet as ive been with them since I was like 17 and I’m 50 now plus I use it for all direct debits and car insurance / life insurance etc etc plus I rely on the overdraft from month to month.   
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hi, cap one are giving me the run around regarding my ppi claim, they insist i was sent a document to sign for the ppi when i applied for the card sep 2004.

as far as im concerned i never signed for the ppi, i certainly did not tick the box when making the online application.

ellie sent me a letter telling me i signed for the ppi and was sent the terms and conditions so they are not responsible, also she said they are not authorised to provide advice on insurance products. so they would therefore not have made a reccomendation or advised that i taken the ppi, WHY WERE THEY SELLING IT THEN??

I cca"d them last week and called them tonight to see what was happening and she said they have sent the terms and conditions which i never asked for, i asked for proof that i had ticked and signed the document for ppi.

what do i do now??? they dont make it easy do they.

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hi, cap one are giving me the run around regarding my ppi claim, they insist i was sent a document to sign for the ppi when i applied for the card sep 2004.

as far as im concerned i never signed for the ppi, i certainly did not tick the box when making the online application.

ellie sent me a letter telling me i signed for the ppi and was sent the terms and conditions so they are not responsible, also she said they are not authorised to provide advice on insurance products. so they would therefore not have made a reccomendation or advised that i taken the ppi, WHY WERE THEY SELLING IT THEN??

I cca"d them last week and called them tonight to see what was happening and she said they have sent the terms and conditions which i never asked for, i asked for proof that i had ticked and signed the document for ppi.

what do i do now??? they dont make it easy do they.

 

No they do not make life easy please have a look at this just posted.

 

This is Money PPI artical 3/8/09

 

Have you sent cap one a Subject Access Request ?

 

If not I would advise you to do this as this is the first step to claim back mis-sold PPI.

 

Full SAR for ppi and another link here....

 

Data Protection Act 1998 - Subject Access Request

 

You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail

 

You should request the following documents:

 

A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan/card/mortgage.

 

Copies of all statements applicable to the loan/card/mortgage.

 

Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.

 

Copies of all recorded telephone calls or transcripts of the recordings.

 

Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.

 

Do not be fobbed off by them citing issues such as relevant filing systems.

 

If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.

 

The aim of the game is to gather all of the data.

 

Read and assess all of the data you receive and if you do not get all the data you believe you are entitled to then there is another step to take. ( more on that later if you need it)

 

Then submit a claim for mis-sold PPI but have a look at these links to further prepare. Lots of homework and a lot of time but it will be worth it IMO

 

PPI - Some Notes for Claimants..

 

Mis-sold PPI? Want your money back? use these links to help

 

There is a lot of information that will help you it just takes a long time to read it all and note what will be of use.

 

There is also more in the other stickies at the top of this forum.

 

Any questions just post them up. :)

 

aa


I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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i have not done a sar request. i cca"d them to get the proof i signed the relevant document, but they are sending me terms and conditions so the lady on the phone told me, i will have to write again asking for the copy of credit agreement, i told her thats not what i asked for but she just said you will have to write again, i will be getting the £10 postal order sorted i think, cant be bothered with them fobbing me off, i really should of got all the documents first eh:confused:

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i have not done a sar request. i cca"d them to get the proof i signed the relevant document, but they are sending me terms and conditions so the lady on the phone told me, i will have to write again asking for the copy of credit agreement, i told her thats not what i asked for but she just said you will have to write again, i will be getting the £10 postal order sorted i think, cant be bothered with them fobbing me off, i really should of got all the documents first eh:confused:

 

That's the best way get the data, study the data making lots of notes, prepare your claim, start your claim, wait for them to either ignore your claim or refuse your claim then bang in a complaint to the FOS. Every complaint to the FOS costs them £500 to start with and the FOS are upholding 90% of claims for mis-selling PPI.

 

See this post from bach today ....This is Money PPI artical 3/8/09

 

aa


I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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update, they have sent me a copy of the terms and conditions, no signiture or ticked ppi box or personal details.

 

surely they are able to supply an original copy with my details on it if i request it?

they keep on rabbiting on about they have removed all my details etc as permitted under reg 3 of the the consumer credit regs 1983.

 

i specifically asked for a document proving i ticked the ppi box, god they are either thick or they think they are being funny.

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update, they have sent me a copy of the terms and conditions, no signiture or ticked ppi box or personal details.

 

surely they are able to supply an original copy with my details on it if i request it?

they keep on rabbiting on about they have removed all my details etc as permitted under reg 3 of the the consumer credit regs 1983.

 

i specifically asked for a document proving i ticked the ppi box, god they are either thick or they think they are being funny.

 

 

This is the extract from the regulations.

 

3 General requirements as to form and content of copy documents

 

(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument

or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall be a true copy thereof.

 

(2) There may be omitted from any such copy--

 

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

 

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

© in the case of any copy of an unexecuted agreement delivered or sent to the debtor or hirer under section 62 of the Act, the name and address of the debtor or hirer; and

 

[(d) in the case of any copy of an executed agreement given to the debtor under section 77(1) of the Act for fixedsum credit, or under section 78(1) for running-account credit, under which a person takes any articles in pawn, any description of the article taken in pawn.]

 

Page 3 of 31

Lexis®Library:Sign In... 10/10/2007

NOTES

Amendment

Para (2): sub-para (d) substituted by SI 1984/1108, reg 2(a).

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)/4 Copies of unexecuted agreements given under section 58(1) of the Act.

 

Basically they are saying they are obliged to provide a true copy of the Consumer Credit Agreement but it does not have to bear signatures as appeared on the original.

 

 

The document should IMO however still show the relevant boxes that are on the document as ticked or unticked.

 

aa


I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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update, they have sent me a copy of the terms and conditions, no signiture or ticked ppi box or personal details.

 

surely they are able to supply an original copy with my details on it if i request it?

they keep on rabbiting on about they have removed all my details etc as permitted under reg 3 of the the consumer credit regs 1983.

 

i specifically asked for a document proving i ticked the ppi box, god they are either thick or they think they are being funny.

 

Hmmm, they are being obstructive, plain and simple.

 

When requested to provide the same for OH, they have tried to say that the application for the card was made by post and the PPI requested online.. 28 days after. Sadly for them... we would be able to prove that we didnt even have a computer until 2 years after the card account was open. They have still not provided proof that the PPI was asked for (which it wasnt ) and there is no tick in any box. Oops !!

 

Keep at them for the proof.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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yeah i will keep at them, im a bit lost on the next move

Should i just send another letter asking for the document with the proof of the ticked box?

i dont trust them as far as i could throw them, how easy is it for them to just tick the box, scan it and tell me i done that lol. they are the only folk im having problems with. everyone else is being so sound in all my ppi enquiries

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Keep up the pressure.

 

It may be time to hit them with the SAR and if they do not come up with the documentation/data that you require then complain to the Information Commissioners Office and tell them capital one are being obstructive and delaying and failing to comply with the Data Protection Act 1998 which is a legal statute in Law.


I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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