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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.   
    • Brassnecked you said DCBL are being toothless bullies but as the letter says, 'This case is not subject to high court or bailiff action', I was assuming they wouldn't be allowed to visit the property anyway, and even if they did, they aren't entitled to enter or to take anything away,,, isn't that the case?
    • you should be reading up between the diff stages of the claim CAG is self help too!!   no to mediation  1 wit you the rest is obv   3 copies  court their solicitors your file
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Hi,

 

Just wanted to know if anyone had any advice on this -

 

I found a property that i liked but had reservations about. I was told that i would have to put down a holding deposit in order to continue. I called up later that day to pay this holding deposit over the phone which i must admit was hasty. However its been only a few hours and i do not want to take the property any longer. I can appreciate that holding deposits are there to cover any loss made by landlord through taking properties off the market. But as it has only been a matter of hours (by time of agency re-opening, still less than 24hrs) and no paperwork being done, is likely that i would get some or even all of the deposit back?

 

Cheers!

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Just spotted this one and I hope this reply is not too late.

 

I wonder what the holding deposit is FOR exactly!!

 

You could argue that it is a DEPOSIT on the property and therefore SHOULD be protected, although there are some that argue that if no AST is signed or entered into then of course a bond / deposit CAN'T have been taken.

If it's for administration charges then it is highly unlikely that they would / could have started this process if you paid by phone and hadn't yet filled in an appliation form.

 

Did the agent state that this "holding deposit" was non refundable when you paid it?

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Hi there, thankyou for the reply!

 

The agent did not state that the "holding deposit" was non refundable. I was with a friend who can also vouch this.

 

The case so far is that i called the agency and spoke to a member of the team. He at first said to me that i wouldn't be able to get my deposit back as stated in the terms of the agreement given to me/signed. I explained to him that i was not given any paperwork, i had signed no documents, and was not told this by the agent who did the viewing. I was then told that as this was a 'different situation' that he will need to get a member of the accounts team to give the go-ahead. I heard nothing back form them all day. I called again before the end of the working day and was told that no-one in the accounts team has been in (?) and that i would need to leave it until tmrw. Please note that the property has now been put back on the market for about 7hrs.

The following day i called and was put through to the agent who did the viewing, who said that i wouldn't be getting my deposit back and "that was that". He did not deny the fact that he did not tell me it was non refundable, or the fact that i had not signed the usaul agreements to indicate i understood and agreed with the terms to which i was handing over money. He instead said "its general knowledge, everyone should know...".

I said i will be seeking legal advice and will be sending a legal letter through to which he went on to say that it would cost me more than my deposit to do so but if i did i should address the letter for his attention.

 

What do you make of this?

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Sorry to hear you are having such problems?

 

Do you know, is the agent a member of ARLA? If so you, should definately complain to them. If not, then that should have been a warning signal to begin with :-(

 

As you've paid over the phone why don't you just start a chargeback against them via your bank credit card company. Tell the your bank that it was mis-selling. Services not provided as agreed.

 

Finally, a claim through the small claims court is not a kings ransom..

 

The fees involved in making a small claim | lawpack.co.uk

 

Might be worth the bother. Sometimes just faxing a completed copy of the claim form is enough to get them to cave in. Say something like, 'Today is xxxx if I don't have my money back by xxxx I'll be going to my local magistrates court and submitting this. Don't forget to add on to the claim form an amount to cover a day of your time, say £100. Unfortunately, you are NOT allowed to claim expenses in this way, but it is highly unlikely that the agent will know this.

If you do decide to actually use the process, just make sure you use a new form and drop the claim for your time.

 

Hope this helps

 

Cheers

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