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    • @simeon1964  -  regardless of what @FTMDave drafts for you later this evening, you still appear to have made no attempt in #32 to explain how you have arrived at the counterclaim value of £16500.  All you seem to have added to your previous draft is this:       I'm afraid that does not advance your counterclaim at all.  What you need is a detailed breakdown of the £16500.   As I understand it, all you have (or at least all I've seen) is a list on unheaded notepaper of alleged snagging together with a second list, also on unheaded notepaper, of alleged remedial work.  All you appear to have is a wish list with no substance.  (Yes - you've also provided a couple of photos of small cracks in plaster and some missing floorboards, but those won't cost £16500 to put right, will they?)   Put yourself in the judge's position.   You are trying to persuade the judge to order the claimant to pay you £16500.  The judge is going to ask themselves - and you too probably - WHY the claimant should be made to pay you £16500.  So when the judge asks you that question, what are you going to say?  Just producing a couple of lists of things is not going to work, you have to explain to the judge where the £16500 comes from and why the claimant is legally liable for it.   That means that you need to demonstrate two things in your counterclaim: first, that the claimant caused the damage that you are going to spend £16500 fixing.  Unless you can prove that the claimant caused the alleged damage, the judge will not make them pay you.   Second, you need to provide evidence that the remedial work will actually cost £16500 or whatever you are claiming.  Are you saying that you have nothing in the way of estimates or quotes on headed notepaper that show the damage will cost £16k to fix?  You can't just pluck a figure out of thin air.  It has to be supported by evidence.   (Also when I say "alleged" damage, I'm not doubting you, but you need to provide evidence that the damage actually exists - and was caused by the claimant - and isn't just work that needs doing to your house that you've decided to try to make the claimant pay for.  Do you see?)   Also - and I pointed this out in the other thread - when you make a post here can you please explain at the beginning of the post (1) what it is, and (2) why you are posting it?  I know Honeybee and FTMDave have pointed this out too.  None of us are mindreaders.  If you fail to introduce your posts properly, none of us has a clue what you are talking about.  Are you producing a draft for comment?  Are you answering a question?  Are you asking a question?  Is it a copy of something you have received?  If you can't explain your posts, nobody can help you...   [Edit:  I know FTMDave did say some posts ago that if you have no evidence to support the £16500 counterclaim at the moment then, OK, we are where we are and you will just have to run with it.  But if you have some evidence or a breakdown of the amount at this stage thenit would be nice to know.  If you can't get the required detail in your counterclaim you need to ensure you have something for your WS... ]
    • Well, shocked is understament.  Wellington court have only filed to have the CCJ and high court writ set aside 🤔 reason she didn't have her side put across to the court before CCj was given 🤬 now to defend it.
    • Looks promising.   Dx
    • 1. Cabot and old sav credit card debt.. looks like for years he was scammed by clarity credit management out of money. Nothing new there, thats all rhey ever did. No signed agreement, no nothing to prove the debt. Sav credit would never have had a signed agreement. Card will be 80's era if not close too. Unenforceable!!   2. Natwest duo MasterCard..now rbs..cabot. No signed agreement. unenforceable.   3.  An mbna card from about 1999/2000 idem dca scammers no signed agreement unenforceable   4. Some kind of lloyds credit card, with idem. Theres a signed application form but that does not meet the requirements as there are numerous prescribed terms on that missing . Unenforceable.   5. Some kind of rbs secondary? finance no idea what, no agreement. Unenforceable.   pers id be totally ignoring them on all those. just because he got cash cowed for far too many years running the sb date to infinity, makes no odds to any of them.   old school..got had blind from day one, aided and abetted by yet again one of the so called charities, there to help..not!!   Dx    
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vjohn82 vs. HFC (PPI Claim) **WON**


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HFC have made an offer in full settlement to place me in the position I was in before I took the loan and PPI.

 

However, the FOS has indicated that HFC will be looking to "set off" against the loan balance. The "loan" itself was sold to Aktiv Kapital many years ago and is now statute barred.

 

I suppose I'm just wondering where I stand with this?

 

Any advice appreciated.

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Surely before you had the loan and PPI, you didn’t owe them any money? Therefore they should give it back!

 

Was the PPI taken as a lump at the start? Who’s to say you didn’t pay that bit off first?

 

Moreover, you had no agreement with Aktiv Kapital, so how can they be a beneficiary of an agreement you entered into?

 

I think there’s a few threads around on this kind of ‘offsetting’. Worth a trawl.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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key points as I see them:

 

– the account from which the firm transfers funds must be held by the customer who owes the firm money (FAIR ENOUGH)

– the account from which the firm transfers the money – and the account from which the money would otherwise have come – must both be held with the same firm (OH DEAR – WHOOPS!)

Edited by DonkeyB

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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– the account from which the firm transfers the money – and the account from which the money would otherwise have come – must both be held with the same firm (OH DEAR – WHOOPS!)

a big WHOOPS you dont owe a carrot dude game over ,

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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

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  • 2 months later...

Ok, the FOS agreed with me and HFC Bank have been forced to concede defeat.

 

I have signed my offer form but have said that they process the paperwork and payment 28days + 5.

 

Has anyone been paid out quicker? It would be nice to have it before xmas.

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Good. That’s a useful bit of knowledge to tuck away for future reference.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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welldone!

 

knew they'd crumble aLWAYS do.

 

just WATCH their figures though!

 

if it doesn't match your SOC refuse it and ring the FOS straight away.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what you wanted and what they should refund are two diff things john

 

i got mine about 1 mts ago in less than 10days

though that was bacs

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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is this loan still running?

sorry long thread

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i got my HFC payment before 21 days VJ , I sent an email to the Director and Accounts Manager with a bluff that i was not satisfied with the terms they offered ie payment , it was in my bank 7 days after they reseived my leter and by the time i accessed the funds it worked out 21 days ..ime still argueing with them over the higher interest rates and the accounting they do, as far as i can see they are using the american method of accounting which is different from the advised method by the FSA ..so i await the FSA 's andswer to thsi ime hopeful they have to readjust the payments and pay me back the excess of overcharging.

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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

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HFC have used the FSA guidelines for calculating the redress... until I have that payment in my bank I'm not saying anything else about the figures.

 

Got an email address Patrick? I'll bung them a message saying I want the dosh sooner... they owe me it considering they lied in their letters to the FSA.

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is this loan still running?

sorry long thread

 

dx

 

No it's not... which was why it has taken so long to get them to accept that they owe me the money directly and do not have the right of set-off.

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i got my HFC payment before 21 days VJ , I sent an email to the Director and Accounts Manager with a bluff that i was not satisfied with the terms they offered ie payment , it was in my bank 7 days after they reseived my leter and by the time i accessed the funds it worked out 21 days ..ime still argueing with them over the higher interest rates and the accounting they do, as far as i can see they are using the american method of accounting which is different from the advised method by the FSA ..so i await the FSA 's andswer to thsi ime hopeful they have to readjust the payments and pay me back the excess of overcharging.

patrickq1

 

Patrick... do you have the email address for the Director and Accounts Manager?

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Will pm you all details the woman i dealt with has gone but i got more addresses will pm you all data of almost all top guru's their

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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

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If you don't mind giving some advice please

 

I opened a thread regarding PPI and the set off issue

 

My situation is have original copies of a couple of CCA with PPI added from years ago and paid them up in full. have them stamped so.

 

But have another loan with a balance outstanding with same company to which I have lost the original agreement from about 2002/3 I think and I have sent for a CCA request to check out the PPI to see if it will cover my o/standing balance. don't think it will but they state that they have not got the original agreement AND ARE NOT PLAYING BALL.

 

Therefore my question is if I stopped paying the o/standing balance on my current loan due to no CCA and put it into dispute, if I then claimed for MY PPI on the agreements that I have the originals of from years ago, could they still set off the PPI against my outstanding loan if it was in dispute due to no CCA.

 

Any thoughts please

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They could set it off against an outstanding balance in your situation. Having no CCA makes little difference in the grand scheme of things because the FSA/OFT still accept that a liability exists on some level.

 

However, if the PPI was missold then there is a potential for the entire loan to be written off. But that's going into some very technical arguments and I would need at least £1/2 million before I consider helping you :whoo:

 

Seriously though, missold PPI is a nightmare for the finance industry right now. Challenge it anyway and see if it reduces your overall balance... use it as a stick/carrot depending on your circumstances.

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If you don't mind giving some advice please

 

I opened a thread regarding PPI and the set off issue

 

My situation is have original copies of a couple of CCA with PPI added from years ago and paid them up in full. have them stamped so.

 

But have another loan with a balance outstanding with same company to which I have lost the original agreement from about 2002/3 I think and I have sent for a CCA request to check out the PPI to see if it will cover my o/standing balance. don't think it will but they state that they have not got the original agreement AND ARE NOT PLAYING BALL.

 

Therefore my question is if I stopped paying the o/standing balance on my current loan due to no CCA and put it into dispute, if I then claimed for MY PPI on the agreements that I have the originals of from years ago, could they still set off the PPI against my outstanding loan if it was in dispute due to no CCA.

 

Any thoughts please

 

HFC didn't with me

 

i've had 4 lots from them on old loans, none were offset against the current.

 

the only time they offset was PPI on the current loan, then they took the arrears ONLY.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi guys

 

Sorry did not get back in touch with you yesterday evening, had to take my son to emergency docs.

 

Surely though vjohn82 they would at least have to provide a reconstructed version of my CCA (which would do me fine because it would have to include any PPI ) before they could set it off against my outstanding balance otherwise how can the FSA/OFT still accept that a liability exists on some level if the bank cannot provide either.

 

On the subject of PPI that was missold and the potential for the entire loan to be written off, I did read something about that on a thread from this forum dating back to 2009 BUT CAN I FIND THE DAMM THING!:mad2: could have saved myself a cool £1/2 million :sad:

 

(If ONLY) Wish I had £1/2 of £1000 nevermind £1/2 million vjohn82 :violin:lol

 

Been to the dark side with debt vjohn82 and only for the help and advice from CAG and people like yourself and dx I don't know what would have happened but hopefully now begging to see light at the end of the tunnel and give them a taste of their own medicine.

 

Speaking of which what I forgot to mention was as I stated earlier I am 100/% certain that my current loan was opened either in 2002/3 yet they stated in their correspondence when they could not find the original CCA for the following account number that was opened on the xx Nov 2005:???:

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