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    • thanks dx hope this reads better POC 1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number **********   2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured.   3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.   Note: The above is paragraphed by the Defendant as Claimant could not be bothered.    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. Paragraph 1 is noted and accepted I have in the past had financial dealings with AvantCredit. I do not recall the precise details or agreement and have sought verification from the claimant and their solicitors.    3. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or AvantCredit.    4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,   the Claimants solicitors have failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 on date 26-07-2022 (recorded delivery), and the claimant remains in default of my section 77  request, dated 26-07-2022 (recorded delivery).   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;    5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.   To date the Claimant has failed to comply to my section 77 request and their solicitors, TM Legal Services, likewise.     6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. 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.    8. 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.      
    • damn re post 26 annual statements disregard "alteration to 08-2016" should have been notice of sums in arrears "plus 1 in 2016 as alteration." sorry
    • your memory serves you very well! You’re correct on all points.    the original case which I won was on 3 tickets, all issued in December 2018. The ticket they are now Pursuing was issued in April 2019.  one issue I foresee is the first time round, they legitimately had not updated the signage and were out and out lying about that. The signage was updated in Feb 2019 and I have referred to that in my previous cases witness statement however you may remember that they were unable to evidence they had a contract in place for the site (their contract was from 2017 and was a rolling one so no evidence it was still in force) and the map of coverage they provided did not cover my space. 
    • Hi Andy Contact with OC was only ever through email, setup notifications etc after postal delivery of a flyer. I have trawled through emails and all I can find are the following: Annual Statements – [1] -08-2016 [1] 09-2016 (alteration to 08-2016) and [1] 2017 Notice of Sums in Arrears – [1] 2016 and [1] 2017 Default Sum Notice – [1] 2017 quote from email “The payment of £xxx was due on xxxxx 2017. As this payment is now overdue, we have charged a £12.00 late fee (Default Sum). This £12 is the total of all Default Sums included in this notice. This Default Sum became payable on xxxxxx 2017.”   No default notice. No notice of assignment. For confirmation they have my full name and postal address.
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Too many Payday Loans Please Help. **


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Well it was Barclays Bank and when I found out what happened, I called them straight away and some guy who could hardly speak English told me that it was still "pending" so nothing had actually gone out and I said if it will go back in my account and he said yes. I waited a few hours and rang again and spoke to someone else who COULD speak English and she told me that it had all gone and that they (capital one) are allowed to do that if I owed it to them. The same thing happened to some guy who ended up trying to kill himself. I even wrote a post about it in my blog:-

 

http://muksblogaboutstuff.blogspot.co.uk/2012/12/gambling-advertisements-payday-loan.html

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I would issue a full and formal complaint against the bank. Demand a final response within 8 weeks. Then take it to the FOS/FSA.

 

How long ago did this happen?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It happened about 7 months ago now. I did issue a formal complaint but I got a letter back saying as they hadnt heard from me, they are dropping it. I mailed them straight away and told them, that I didn't drop it and I got no reply. By that time I had changed my bank.

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I suggest you write a full and formal complaint to the banks CEO or head of complaints. They had no rights at all to say that you couldnt get your money refunded sinply because they were a loans company. The law has been in effect since 2009.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I would just address it to the CEO, have him send it. There might even be cause for a complaint under the BCOBS

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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