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    • then its a restriction k and doesn't need paying .  all that needs to happen is the buyers sols needs to write to intrum informing them they are the new property owner   get a proper solicitor that know the law properly!!   dx  
    • Well done on the snotty letter.  A bit different from the usual ones but a bit of innovation is welcome 😆   I tend to agree with lee19921992 that maybe mentioning planning permission is playing your cards too early, plus they know they never do PP.  How about this tweak to show you know the law but remaining suitably cryptic?     Hello again, kids   Lesson time!   Thanks for wasting your pennies and sending me a letter before claim. I understand you think I owe you something. Looking forward to playing this game. Guess who will win?   You can forget to think I have any interest to pay the imaginary sum of £100 for your poor explanation behind the ludicrous claim.   Know the legal term "de minimis"?  Thought not.  But the judge will.  Go and look it up thickos.   Ah, the thought of the vaccination roll out, then me relaxing on a beach in the Med knowing you've paid for it after an unreasonable costs order under CPR27.14(2)(g).  Bliss!   Looking forward to hearing from you no more.   Best wishes   Santa     I see the fleecers won't do anything before 10 December so there's some time yet.  See what others think tomorrow and then send the letter off on Wednesday with a free Certificate of Posting from the post office.
    • She started paying by DD but through ill health and not being able to work cancelled the DD
    • I am a Bristol/Wessex water customer and those amounts quoted look like standard annual charges for unmetered water and sewerage,     If you have been paying them the regular monthly amounts, I wonder whether the amounts paid have been credited to the correct Bristol/Wessex account.   Bristol/Wessex have fairly long customer account numbers.     How were you paying amounts to Bristol/Wessex ?
    • Hi folks,   long story and going back a few years....   I’m in the process of selling my house and discovered that a charging order is on the property. This is from a old Lloyds loan sold to 1st credit which is now intrum.  The CCJ was issued back in 2015 and the charging order in 2016.   when I found out about the CCJ I was in the middle of complaining with Lloyds bank regarding the loan as I was complaining that the loan should not have being offered to me at the time on affordable issues as it was to consolidate my debts at the time and expecting our 3rd child in 4 years.   the bank sold the debt on with the wrong address, this  can be proven with the address they were writing to me as the complaint letters had my correct address at the time. The bank also wrote to Intrum outlining their mistake they made in giving the wrong address when selling the debt, i have letter confirmed to me this information was passed on.   intrum went ahead and got the charging order knowing the address was incorrect and that I would not get any correspondence.   intrum is now demanding £10.5k from the house sale. This is a sole debt on a joint mortgage.   I have told the solicitor dealing with the sale this doesn’t need to be paid, but she is saying because they wrote back to her stating the amount owed, it now has to be paid.   should I try and get this set aside with the issue of the address? Has it being to long?   In fairness I have only just found out about the charging order.   The mix up with the address is it is my property,  how I have never lived in it and have never had my bank accounts listed to that address. I think when I ran into trouble back in 2012 I think they must have done a search and got it that way.   any advice would be great. cheers.  
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The other thing is that I cant find out if my agreement is valid or not. I have posted on here a few times but had no reply. It was taken out 25/07/2005 and looks like there was a tearoff piece on the top. I cant figur out if its an application form or not. It does say credit card agreement at the top left. The back doesnt have any terms and conditions on it and on the front the terms go up to 3b which refers to section 4 and its not there. Nowhere on the form does it refer to a seperate document containing terms and conditions, only under the heading IMPORTANT - DATA PROTECTION, where it states that you must read sections 13 and 14 on the terms and conditions provided. Heres a link to the thread and photos if anyone would like to look and advise. Its hard to read not the best photocopy they provided. I signed it but never dated it.

http://www.consumeractiongroup.co.uk/forum/showthread.php?273135-MNBA-CCA-enforcable&p=3094765&highlight=#post3094765

 

Just noticed on the very bottom right hand side it says, "see the rest of your terms and conditions (including definitions) which are in the leaflet enclosed".

Is that ok giving a leaflet with the terms and conditions on it in 2005?

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This is just the job for me at the moment. Only difference is that I have put a Bank in court for the sale at undervalue. A very large undervalue, don't want to give too many details.

I have requested copies of any valuations upon which the Bank relies. I've been told that none were mentioned in their Defence. They did mention advice taken about the valuation from a valuer, but according to them that's not a valuation! the Bank is saying they'll disclose later. I have replied mentioning CPR 15.4 which defined the word document. Is this ok?

 

I'm not sure how the bank intends to defend a claim for sale at undervalue without a valuation.

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thankfully HHJ Wakeman QC handed down his judgment.

 

IF the agreement is illegible then it is foul of the Cancelation notices regs and then the court cannot enforce it, so , you would plead that the documents are illegible and you cannot plead as to the enforceability of the agreement at this stage

 

So does this mean that although they can print out the terms and conditions which are legible, the contract which is very hard to read will be foul to the cancelation notices as you describe above? Can you look at my link and give me your opinion please.

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I have to file my defense in a couple of days. Can someone have a look at the POC on the claim form for me and let me know what you think. Heres the wording below :-

 

The claimants claim is for the sum of XXXXX being monies due from the defendant to the claimant under a regulated credit agreement made in writing under reference xxxxxxxxx

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87 (1) of the consumer credit act 1974.

 

Sent by Howard Cohen on behalf of Santander

 

They have not supplied the default notice as I requested.

 

I also have a letter from Santander stating that "the agreement was assigned to the Lewis Group on xxxxxx. When this happened the agreement between you and Santander cards was terminated and the Lewis group became the legal owners of the debt.

The account was not therefore terminated, as you have suggested, nor have we rescinded on the agreement.

 

The agreement was taken out 29/01/2008 online and the agreement is just a printed copy, I havent physically signed it, will this make any difference?

Any opinions on the above?

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i have recently been passed an opinion of a barrister whom i have not debated my view on this whole rescission arguments, but i can say that his view mirrors mine in that you cannot terminate a regulated agreement unless the statutory requirements are met.

 

if they arent met then no termination can occur, this accords with Chambers view, and the view of many County Court judges and many many other counsel whom i have canvassed.

 

I think we all follow what you say PT, it's just we are none of us sure where that leaves us. I understand that the agreement is still alive, but where does that put both creditor and debtor who understood the agreement was terminated, payments ceased & debt sold off nearly two years ago.

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I have to file my defense in a couple of days. Can someone have a look at the POC on the claim form for me and let me know what you think. Heres the wording below :-

 

The claimants claim is for the sum of XXXXX being monies due from the defendant to the claimant under a regulated credit agreement made in writing under reference xxxxxxxxx

 

The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to section 87 (1) of the consumer credit act 1974.

 

Sent by Howard Cohen on behalf of Santander

 

They have not supplied the default notice as I requested.

 

I also have a letter from Santander stating that "the agreement was assigned to the Lewis Group on xxxxxx. When this happened the agreement between you and Santander cards was terminated and the Lewis group became the legal owners of the debt.

The account was not therefore terminated, as you have suggested, nor have we rescinded on the agreement.

 

The agreement was taken out 29/01/2008 online and the agreement is just a printed copy, I havent physically signed it, will this make any difference?

Any opinions on the above?

 

If I'm honest I'd say come to an agreement with them. Not having a copy of the default notice is not fatal to there case, a judge may believe their systems are in place to send them and if their records show this that will be enough. As the agreement is so recent they dont have to worry about s127(3) and as it was online a simple tick in a digital box is all that is required to confirm the agreement.

 

Sorry, but you could just be adding to your legal costs here unless there are some circumstances you havent divulged.

 

S.

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My Court claim doesn't have my correct credit card number on it and the credit card number on my statements is different from the original statements, before the company was taken over. Does anyone consider this of any significant relevance in a defence?

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No, they could easily get permission to rectify this.

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If I'm honest I'd say come to an agreement with them. Not having a copy of the default notice is not fatal to there case, a judge may believe their systems are in place to send them and if their records show this that will be enough. As the agreement is so recent they dont have to worry about s127(3) and as it was online a simple tick in a digital box is all that is required to confirm the agreement.

 

Sorry, but you could just be adding to your legal costs here unless there are some circumstances you havent divulged.

 

S.

 

Thanks Shadow.

I have to put in my defense tonight, I have read what everyone has said so I am gonna try the angle that they havent supplied me with all the documentation I asked for or replied to the 2 emails I sent them asking for the default notice. I will see what the court says and and see if i can get a strikeout for not issuing another DN correctly. If it goes further I have logs of all the phonecalls I have had from Santander, sometimes up to 3 a day harrassing us, they have been asked to only contact us by post or email and not been helpful and ignored our letter at first. They didnt want to know when I first asked for them to freeze the interest and help out, I sent a CCA request then put the account into dispute, they have continually harrassed us with debt collection letters, some very threatening and missleading, and 3 or 4 different agents so I dont know who to deal with. Still adding interest when the accont is in dispute. Why is it that these sharks can quote the CCA when they want to take us to court and get away with blatantly not following the rules when they sue us.

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Hi PT, Your thread is very interesting can I use some of the info from here to get a ccj set aside?? I had a judgement go against me last friday but the claimant had not responded to any of my formal req for information part 31.16 or a CCA req or a formal notice of account in dispute. Any help you can give me on filling out my N244 would be greatly appreciated. My thread is located under legal Help just lost in court against cl finance/ Howard Cohens. Many thanks

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SJ

 

Can you please set up a link to your thread?

 

Thanks

 

BD

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http://www.consumeractiongroup.co.uk/forum/showthread.php?306857-Fairness-Gene-s-opinion&p=3423924#post3423924

 

Fairness Gene, I have moved your post into a thread of it's own, in order for you to discuss/debate your opinion .

 

This particular thread is a valuable resource and debating thread, but on the subject it is dedicated to.

 

uptoeyeballs

UndercoverElsa

duckwaddler

Pumpytums

 

your posts were moved as well in order to keep the debate going. :)

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Verrrry good idea Cb... :-)

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  • 3 weeks later...
I have put a Bank in court for the sale at undervalue. A very large undervalue, don't want to give too many details.

I have requested copies of any valuations upon which the Bank relies. I've been told that none were mentioned in their Defence. They did mention advice taken about the valuation from a valuer, but according to them that's not a valuation! the Bank is saying they'll disclose later. I have replied mentioning CPR 15.4 which defined the word document. Is this ok?

 

I'm not sure how the bank intends to defend a claim for sale at undervalue without a valuation.

 

 

I'm not sure whether it is relevent to your situation, but my attention was recently drawn to a thread in which a homeowner is suing a mortgage lender, in which the issue of a sale of the property at an undervalue was one of the issues being discussed.

 

The thread is here: Mortgage Express appoint LPA Recievers

 

In particular, this part of the other thread might be relevent for you: post3428207

 

That other thread is considering the duties - if any - of a mortgage company to a borrower, on a sale by the mortgage company of a mortgaged residential property. In particular, it looks at a sale under the powers in the mortgage contract, in the light of section 109 of the Law of Property Act 1925, where the mortgage company appoints a receiver under that Act to handle the sale for it.

Edited by Ed999
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