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    • Hi.   Please don't hijack this thread, it's for advising the OP.   The best thing is to start a new thread of your own and then we'll advise you.   HB
    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.     3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974     11. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Thank you for the reassurance I will pop back on tomorrow and let you know how it went.
    • Just like is said in BN's link regarding total lack of oversight or proper challenge   "To put this in context, £12bn is more than the entire general practice budget. The total NHS capital spending budget for buildings and equipment is just £7bn. To provide all the children in need with free meals during school holidays between now and next summer term, which the government has dismissed as too expensive, is likely to cost about £120m: in other words, just 1% of the test and trace budget."   Says it all doesn't it Serco and co given more than the entire NHS capital spending budget to ... fail, miserably   penalties for that - more of the same money for more of the same failures.
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Old Halifax Visa account question


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Well it says they ' may ' take me to court . I dont have any experience of RW although I know they are well known on CAG.

 

Not sure how serious the threat is TBH

 

It doesn't sound like a LBA as they say 'may' take you to court.

 

Have a look at the letter template on here for a LBA

 

http://www.contractorcalculator.co.uk/payment_letter_before_action.aspx

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I had one from them in May and sent this response, they are currently awaiting a copy of my CCA from Halifax!

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=18368&d=1273694577

 

Note that this letter of Dotty's is fine but do make sure that you do not refer to a credit agreement under the CCA1974 as it does not apply to overdraft arrangements.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 3 weeks later...

Well .. So far no response to the letter I sent to RW about the overdraft.

 

Todays post brings a statement for the CC and is the first I have had for months so it looks like CrappyQ have sent the account back .

 

Printed in big capital letters is the threat that the OC may take any funds I have in any other current or savings accounts [even if held in joint names ] to make payment to this outstanding account.

 

Oh dear ! I dont have any other accounts any more.

 

I wonder what will happen next ?

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  • 1 month later...
Hmmm didnt take long for Robbing W*yn*ers to start threatening about the card account did it .

Formal demand arrived yesterday.

 

 

You can look forward to a couple of month worth of letters from them and several phone calls per day as I have just had--all ignored.

 

Have a look at the company number if it appears at the top of the letterhead --is it 886896?

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Hi MM

I dont see any company number... where would it be ? and does it make any difference?

RW are already chasing the O/D and now have the CC account.

I might send them Foolishgirls letter ...the one that saw Crappo Q off.

What do you think ? or is ignoring best ?

Theres no CCA at all on this CC account.

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  • 4 weeks later...

Update

I sent foolishgirls letter to Robbers W and the CC account is now on hold.

The ODraft has now been sent to Horrible Farrelly sols [ Robbers W in disguise I believe ] who MAY do all sorts of awful things to me .

I MAY write to them but I MAY not ....

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  • 2 weeks later...

Heres the Latest on the CC account

I have a letter from RW who say that they have contacted the OC who reject my dispute [ which is that there is no CCA and I have never even been sent a recon and have a letter saying they have nothing ]

So they want me to pay up now.

 

Not sure what to do next ...

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Not sure what to do next ...

 

Hi Summer,

 

Same as you have been doing,I would have thought.

 

When I had a go at RW they just came back with a similar response from Halifax.

 

Ignored it and its now with iQor who have just got Mackenzie Hall to send a photocopy style letter purporting to come from a Stratford based firm of solicitors who 'might' advise court action and who also instruct me not to respond to them [solicitor] but to iQor --so will be writing to Halifax asking if their original letter saying 'we will not be enforcing as we search for this that and the other' has been forgotten about.

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  • 2 weeks later...
  • 4 weeks later...

Well here I am again ...

The Halifax Overdraft now has been passed to Iqor.

 

I have a Daughter come home from Uni and literally a week later without any notice gave birth !!!!! and my OH in hospital and already had a heart op and needs further major surgery to save his life.

 

What can Iqor do to me ??? they can just P.O.

 

I dont care about my debts any more .

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What can Iqor do to me ??? they can just P.O

 

Hi Granny Summer- they can Post Office or better still they can Foreign Office :madgrin:

 

As Dotty said there's more to life than money.

 

Best wishes to you all.

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So sorry to hear your problems summer. All best wishes, do hope it all turns out OK.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 4 weeks later...

Today brings a letter from RW about the CC account asking " What have we done wrong ? " Do they really want to know ??? and they want to offer me help and advice from their specialist debt advisor as I must be unable to pay the account in full .....

 

2 letters from Iqor about the OD offering a " substantial " reduction if I phone them within 72 hours ..... Of course I will :wink:

 

On family front OH had major cancer surgery this week so its fingers crossed xx

 

DD and darling baba doing well.

 

Thanks for all kind wishes :-)

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:grouphug:

 

Hi Summerbreeze, Iqor have been busy!

 

I had a text this morning and a call at work within a couple of hours!

 

Was only thinking the other day that it had gone quiet on the Halifax front, I don't think I have ever had a letter from them, expect that will be next.

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  • 3 weeks later...

Today brings a letter to both me and OH from Geoffrey Parker B threatening court on behalf of Iqor for the O/D account.

That one is in joint names. I am seriously considering making an offer of F and F on that as OH a very sick man.

I can fight my own battles but I dont want him to be worried.

I know there are good templates for F and F letters . Can any of my friends point me to the best one?

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Hi Summerbreeze,

 

If you are 100% sure this is the way forward, try sending The Mould a PM and I am sure he will assist you with drafting a letter.

 

I hope all is going ok with your family.

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