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    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
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meandbex

NO worries loans

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Hi for any one who is interested i got my money back from no worry loans to day it was put back on my card minus £5.00 which i can live with,i spoke to no worry laons in april for a loan,then changed my mind i called them and they said not to fill in the forms and send them back with a letter to say i do not want the loan,which i did,i waited no refund so called and was told it takes 30 days so waited,on the 54 day called and was told it's 30 working days,which i no is not true so went on to there T&C site and found the bit about you can have a refund after 30 days i faxed it to them with a letter to say they have broken the law and that i had been in contact with the FOS and a solicitor who will be taking legal action against them,i called on Tuesday and was told the money is going back on my card,yesterday no money,so sent another fax to say that all the calls i have made to them promiseing me my refund i had recorded so now i will forward these to my solicitor and the Fos,as by law they have to do what they promise when it is showing on there T&C site r face a huge fine,well as i said in my first line have got my refund,it's taken 2 months but better than some i have read on here,hope this help loads of you who are all in the same boat

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i still have not heard anything at all from the FOS!

 

Tried No worries last week promised a call back which i did not get. Trying to get through to them as i type this!!!!!!!!!!

 

 

 

Hi this is suger read the page i added this morning it might help:)

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Did you get your money refuned. I also have a charge today of £61.50 from loan-centre.net. I am furious. I have other bills to pay and the terms and conditions state the charge is £9.00 a month, slightly different to £61.50. They have no contact details which is infurriating, I have emailed and awaiting reply.

I have also had to cancel my card so no further payments can be taken, my car tax is due tomorrow so this is a real stress/inconvience.

STAY AWAY FROM THIS COMPANY IS MY ADVICE!!!!!!:mad:

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same thing asked for a loan in April 2010, debited my account without any approval-this company baseed at Tintern House, Cwnbran NP44 3AB gives you the "run-around" and I've never been able to speak to a so called Customer Service employee - sent two cancellation letters! all on first name basis the salespeople due to "data protection" they say they are a big company but they seem to know each others first names (smiles) other contact number is 0844 576 0207 which gets you through eager to get your debit card detail again as a potential new customer but when quoting your loan reference they confirm cancellation and then put you through to music and no one ever answers.. Small claims Court seems to be an option which I intend to try..Still haven't any replies or telephone calls - but I'll keep you informed think BBC1 R-Traders might be interested if we can get volumes of people.. What do you think? Another conatct is their fax 0844 856 9021

Edited by MrJamesKirk

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well i finally got a call from NO Worries yesterday who have said that I must write to them to formally cancel the application in order to obtain my refund. I posted that last night to them so will wait and see if I get it within the 30 days deadline they state

 

As for the Loan Centre I cannot obtain an address for them, and after e-mailing them I got a reply asking why I wanted the address. I stated I wanted to write a letter to cancel my membership. They said I could not and I have heard nothing from them at all since last week after the email.

 

Anyone have an address for them?


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Loans.co.uk (GE Finance) £1504.77

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Name & Registered Office:

THE LOAN CENTRE LIMITED

39 WINTERBOURNE ROAD, HAYDON END

SWINDON

WILTSHIRE

SN25 1PZ

Company No. 05735381


Anthrax alert at debt collectors caused by box of doughnuts

 

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Thanks for that.

 

I also found this address for them..

 

 

 

loan-centre.net

46 Alexandra Street, Southend, Essex

SS1 1BJ


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Loans.co.uk (GE Finance) £1504.77

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The one I posted is their registered address with Companies House.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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what a monumental waste of time-absolutely getting no where. Have wrote to both companies on 21st July. I got a reply from No Worries on the 22nd july saying,-

 

The details of your complaint have been passed to this department for investigation. We place a great deal of importance on the level of service that is provided to our customers and every effort will be made to ensure that your complaint is dealt with quickly and profesionally.

 

The funny thing is,it wasnt a complaint but a letter of cancellation. I have called them and i am have been on hold 40 minutes now.

 

The loan-centre have also not called or wrote back to me at all. Not happy. Something really needs to be done about these companies.

 

I feel a drive coming on to the offices.


PPI SUCCESS

Lloyds TSB £3874

Loans.co.uk (GE Finance) £1504.77

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what a monumental waste of time. Have wrote to both No Worries and Loan Centre on 20th July. Had a reply back from No worries on 22nd july saying,

 

The details of your complaint have been passed to this department for investigation. We place a great deal of importance on the level of service that is provided to our customers and every effort will be made to ensure that your complaint is dealt with quickly and professionally.

 

Thing is it was not a complaint i made so therefore there is nothing to investigate-it was simply a letter to cancel the application after they told em to do so. Absolute joke. I have just called them and i have been put on hold and have been now for 45 minutes.

 

The loan centre have made no contact with me at all.

 

Financial ombudsman are a waste of time. Not happy. Something needs to be done about these companies.

 

I feel a road trip coming on to pay a personal visit.


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Lloyds TSB £3874

Loans.co.uk (GE Finance) £1504.77

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Recieved a letter from No-Worries Loans yesterday............they are sending me a cheque for £74.95 8)


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Loans.co.uk (GE Finance) £1504.77

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Hi,

I also applied for a loan with No worries loans on Thursday and they asked for my debit details I queried why they wanted them at this point and the lady over the telephone said it was just to verify that I have a valid bank account. I asked her that I hope it is not to take any fees out and she reassured me that it was for the reason she gave over the telephone. Today my card has been debited for £79.95 from no worries loans and because of this I am now over drawn in my account. I called them up and they hung up twice on me and I really do not know what to do, can any one advise me on what to do next?

Thanks.

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Hi Albi_86,

 

Well, as you clearly did not authorise the transaction I would contact you bank and say dispute the transaction.

 

uteb.


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albi, you just need to follow the process as i have from the information provided already. You MUST write to them asking to cancel your application and it MUST be by recorded delivery.

 

They then "investigate" the matter-but be warned its taken me months and there is no point calling as they purposely keep you on hold for over an hour or more

 

up to eyeballs- it troed that with my bank, but in their eyes i willingly gave them my card details so therefore it is no an unauthorised transaction

Edited by meandbex
sp

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