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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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phatram

CO-OP OD all charges - and Loan to pay off OD...

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This is the 4th or 5th DCA to have these accounts and all have returned them. What has changed to make these parasites think they can carry on?

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Persistence and bloody mindedness.


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Moved to Debt Collection Industry forums as requested and the link for the ICO Technical Guidance on Defaults is below.

 

:)

 

 

[ATTACH=CONFIG]46311[/ATTACH]


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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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For anyone looking in these two accounts are now with Lowells.

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Have added that to the thread title, Phat :)


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Both letters dated the same day ?


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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One letter relates to the O/D on the current account and the other to the loan account.

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One letter relates to the O/D on the current account and the other to the loan account.

 

Righto, well you need to bone up on Lowell - they have been issuing stat demands like confetti at a wedding.

 

If I recall, there are disputes on both these so you should advise Lowell of this.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Told them numerous times but they take no notice. I'm fed up of this bullying and I'm seriously considering billing and turning it onto them .

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The current account O/D contains charges going back from December 1999 to May 2007 so how can they claim I owe those, surely they are SB?

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The current account O/D contains charges going back from December 1999 to May 2007 so how can they claim I owe those, surely they are SB?

 

If you have not made any payments towards this overdrawn account, it should be statute barred by now. You really need to get in touch with the bank concerned to find out when they entered the account into default. This should have been within a couple of months of you not paying.

 

Is this debt still on your credit record ? If it is not, then this may be an indicated it is SB'd.

 

Because of the way Lowells behave, you would probably be best to approach the bank concerned to get the information you need about statute barring. i.e when you actually paid any money to the account and when they defaulted the account. Ask them about their terms and conditions on the account at the time, about when they would consider the account to be in defaulted status.


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Thanks. As these accounts should not have been passed to them should I be asking anything of Lowells? Have they bought the alleged debts? Do they need to prove to me they are legally entitled to ask for this money etc ?

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Were you informed by the creditor and/or Lowell that the account had been sold?


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I think I had a letter from Lowell but nothing from CO-OP.

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Thanks. As these accounts should not have been passed to them should I be asking anything of Lowells? Have they bought the alleged debts? Do they need to prove to me they are legally entitled to ask for this money etc ?

 

I don't think you should trust Lowells with any information. They are there purely to collect on the debt and may not have much info on file. It would be safer to find out info from the original creditor.


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An NOA can come from both the creditor and or the DCA.

The likelihood that a DCA would be chasing the debt with out it being sold or assigned to them is remote if not impossible.


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So, what should I be doing next?

 

I'm going to write pointing out the ICO default stuff and I'm going to SAR the Coop for the loan account.

 

'll be asking for transcript of phone calls for the selling of the loan which WAS sold to me to in part consolidate an O/D made up of charges and interest on those charges.

 

I do not believe I have been treated fairly, is there any BCOBS stuff I can quote?

 

I've just found a connection between Cohens and Lowells.

 

A few years ago Cohens returned these accounts to the Coop and apologised to me for all the hassle !

 

I ACKNOWLEDGE NO DEBT TO YOURCOMPANY

 

Thankyou for your letters dated 12 September 2013, the contents of which have been noted.

 

I have been advised to inform you of the following;

 

The Co-operative Bank has failed to follow ICO guidelines on defaults and has treated me unfairly

 

I will repeat once again that these accounts are in serious dispute with the Cooperative Bank for reasons known to them. Due to your unwillingness to believe me, you leave me with no option but to take matters further. I will now SAR the bank to obtain the information I require to enable me to do this.

 

Yours sincerely

 

Anything else I should add?

 

Should I be asking anything of Lowells?

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Should I be asking anything of Lowells?

 

What do you want to ask them ? Confirmation in writing that they note your dispute with the Coop. That would make sense, as you then have it in writing that Lowells confirm that they have your letter advising of a dispute.

 

In your letter to Lowells, I think you should provide some basic information about your dispute with the Coop.


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I ACKNOWLEDGE NO DEBT TO YOURCOMPANY

 

 

Thankyou for your letters dated 12 September 2013, the contents of which have been noted.

 

 

 

I have been advised to inform you of the following;

 

 

 

The Co-operative Bank has failed to follow ICO guidelines on defaults and has treated me unfairly

 

 

 

I will repeat once again that these accounts are in serious dispute with the Cooperative Bank for reasons known to them. Due to your unwillingness to believe me, you leave me with no option but to take matters further. I will now SAR the bank to obtain the information I require to enable me to do this.

 

 

 

 

Yours sincerely

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Anything else I should add?

 

I would point out to them that this 'matter' had in the past been sent back to the creditor by Cohen and that Cohen had apologised for making contact in regard to this matter, you should send a copy of that letter to:

 

Private & Confidential.

Ms Sarah de Tute

Director of Legal & Compliance

The Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH


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Thanks

 

Sent letter recorded delivery, will post reply when it arrives.

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LOWELLS4NOV2013_zpsc3428d90.jpg

 

Confused.com :???::???::???: Not long ago they were threatening to take me to court for this none existent current account debt.

 

What should I put in a SAR if I require a copy of what was said in phone calls concerning the setting up of a consolidation loan to pay off an OD made up of bank charges and interest?

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