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    • Thanks Dx. Amended defence set out below. Does it look right now?   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 denied. 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 denied. I am not aware of any payment terms for the stated agreement.     5. Paragraph 3 is denied. It is denied that Cabot Financial served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.   6. Paragraph 4 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.     7. 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.  
    • I'm generally convinced that there is at least 2 users on MSE that's in my thread that has friends or family or even themselves that have similar line of work to MB or Gladstone.   I don't mind different opinions but they're just throwing out playground insults to me for using that letter saying I'm stupid, prat, idiot etc etc for doing it and not including in the letter without prejudice so it can't be used against me in court. I think I'll leave MSE and just stick with CAG and pep in this case.    
    • not sure what happened to the statint sheet...looks like you over wrote cells.   so they have already litigated over this debt ?
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
    • Any time limits AZ might spout are simply arbitrary, the ONLY thing you need to be doing is informing them ''in writing'' of your new address.   Also ensure your CRF is updated and showing your correct address also.   When you send AZ the letter which needs only to be one line......   Sir/madam.   My current address is No.1 Mickey mouse street blah blah blah, please update your records accordingly.   Regards   And obtain ''proof of posting'' which is free from the po counter, send it 2nd class post.
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Question whilst on DMP but still claiming charges


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Hi,

 

Started a DMP 21/2 years ago with Payplan. After about a year decided to run this myself due to offering full and finals. At the time I was with Payplan, Barclays wrote and said they would not accept the payments I was making. Soon after that the account was in dispute pending hearing on bank charges. I have religiously made payments to Barclays on my DMP for over 2 years now, upping the amount when able, even though account was in dispute.

 

My question is after receiving a final respone from Barclays recently saying they will not pay up, from advice received on hear I am writing to them to say that I still intend to claim back the charges and am waiting for further legal advise which If I am correct draft letters and instruction are still being looked into.

 

Over the past two years I have received no communiction from Barclays and no statements etc. The only way of checking if they have received my monthly payments is to go onto Experian (the amount owing is correct with payments I have made), which I cannot afford to do anymore. Should I add to my letter how disappointed I am they have sent me no statetments even after numerous requests. I did read somewhere that they are now required to send statements. Obviously I no longer use accounts but do they need to keep me informed of payments they have received and balance etc.

 

Also can I tell them that the account will remain in dispute or can they refuse to this. While it is in dispute they cannot take any further action. I will continue to make payments on my DMP though.

 

How could I word this in a letter to them and should I mention the the fact that I am still on a DMP as they have not mentioned it in 21/2 years or do I leave that off and just tell them I still intend to reclaim charges but require up to date statements. I am not sure whether it is a good idea to remind them I am on a DMP.

Sorry for long post, I am a worrier.

Thanks for your time X

Edited by tagal
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Was your debt with Barclays a loan or a bank account that they closed?

I had both with them, and for the bank account I received nothing statement wise. I had to call them to get exact figures of what I still owed them on that.

 

I receive a statement on the loan account once a year, but this is because it is in arrears.

Barclays will let you know as soon as possible if you've missed a payment, make no mistake there!

 

They also try to pretend that they are unaware that you are in a DMP. They do with me quite often despite being in it for 4 and half years!

 

I think that you should write to them only, they are utterly useless on the phone.

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Thak you for responding.

 

Yes it was a bank account, which I guess was closed 21/2 years ago. I have received no statements in all that time, but they have been taking my monthly payments from the amount owed. I was wondering if they have to send me statements as it seems unfair that I have to go onto experian etc to find my balance at a further cost to me. I will carry on paying and also carry on with my fight to reclaim charges once the information is available on what we have to do next. I guess I will send letter saying this and hope they will let me carry on paying though a DMP.

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Well that is ridiculous that you are going through experian. Don't bother with that anymore.

Unfortunately, I didn't get anything from them with regards to the bank account. It took me ages to get the correct department to speak to them also as I had lost loads of information.

As I said before, they will let you know if you've missed a payment, but I ended up getting a CCJ through that account because I didn't realise that payplan were not paying the money into the right place and I was too scared to open the letters so make sure you open your letters so you don't get in trouble like I did.

I made the last payment on that account 2 months ago, and I'm still waiting for the information that I need to satify that CCJ. It was in the post last week allegedly and still haven't got it. :rolleyes:

I can give you a direct number to call if you want so that you can find out the information on your account if you want?

They are ok to speak to suprisingly!

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