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    • More or less.......was pre action protocol followed ?     No the assignment is legally valid and very rare you will prove this otherwise...failure of the original creditor to serve a valid default notice renders the claim invalid by the assignee because of  section 87(1) CCA1974.   87Need for default notice (1)Service of a notice on the debtor or hirer in accordance with section 88 (a " default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement.— (a)to terminate the agreement, or (b)to demand earlier payment of any sum, or (c)to recover possession of any goods or land, or (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security.     Consumer Credit Act 1974 WWW.LEGISLATION.GOV.UK       Now with the above in mind have a go at your draft witness statement and get it posted here.
    • Thank you, honeybee, noted.    I will change it 'please allow me'.. Also, I did not have a chance to buy any tickets yet, only on Wednesday upon my return home. They caught me on that Wednesday in the morning.   I can make a screen short for them of my season ticket in 2020 plus some evidence from contactless card that I was paying from my card for the transport. I was not using it quite often though as mostly was working recently from home.. Please advise re card's charges for TFL..
    • I personally wouldn't send it....regarded as tit for tat once litigation is in process...nor are you legally required to converse with the opposing party during the process unless it vis a mediation or the court has directed it.   Save anything  further for statement's or skeletons if directed by the court.   Andy.     .
    • Hi there, husband has had pay increase confirmed which would enable us to pay arrears plus interest on mortgage balance at this point.  He’s also waiting confirmation of a consultancy retainer which he may get today/tomorrow which would be another £1250 a month but obvs that’s not a certainty yet. Given that our income has now effectively doubled and will increase as we build our business back up, what do you think the chances are if judge letting us make these reduced payments while we continue to improve things when he’ll be able to see things are moving positively?  If we were able to change to an interest only mortgage with sale of property as repayment vehicle as is offered to other customers, we could easily afford it going forward plus pay extra on top even if we were relying solely on his employed job. The “only” sticking point is the arrears but if they were capitalised we’d be fine. We have more than enough equity to pay it all off and buy another property (we’re in a 5 bed atm so would be looking to downsize). Santander refusing to consider this or any other proposal other than full immediate repayment of arrears and possession even though they’ve not given us a written reply to our proposals of payment and change of terms (paras 5.5 and 5.6 of pre-action protocol). Their solicitors have also said that we haven’t made any proposals and that therefore they haven’t rejected any but a member of staff at Santander told me over the phone our proposal of interest only wouldn’t be accepted having in the same conversation told me that potentially an arrangement could be agreed. Funnily enough, having asked for a copy of phone calls made (after solicitors claimed they hadn’t been able to contact us), the recording of the day I discussed a potential temporary arrangement with regards interest only-part interest/part capital that could potentially halt legal proceedings was missing from the disc and “hadn’t been able to be traced” for some reason.   
    • So my bulleted defence is:   i)  No Defualt Notice served on Defendant by Original Creditor ii) failures by Original Creditor renders the assignment defective? iii) Service never provided by Provider... now liquidated iv) Claim should be dismissed   any more than that?    
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Capital one - F & F


gezwee
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Have an ongoing issue with Cap1, its an enforceable agreement post 2007 so that side of things is pretty well covered (for them anyway).

 

Theres a balance of circa £1500.00 so its a tiddler in comparison to some of my others but........ this includes charges in the region of £250.00 + contractual interest which continues to be applied and I think comes in at roughly £500.00 for the last 14 months (although some of this may be additional charges).

 

I have received no statements for over a year and no notice of default fees levied on the account.

 

The only reason I know the balance is because I wrote to them 2 months ago asking for a balance of account.

 

I've since written to them again advising that no correspondence has been received for over a year and asking for corrected balance in light of their failure to present statements and/or default fee advice/s.

 

Got a template response that leads me to believe that they don't want to play ball.

 

'If' they don't concede at some stage in the near future is there any case law which prevents me from stating a reasoned case for reclaiming the charges and interest (which have not to date been paid), I would fully expect them to defend on the basis that the charges/interest have not been paid and they would want to invoke their right of offset against the arrears on the account but I'm not seeing much of another way forward in settling this one at the correct value.

 

Frustrating more than anything, all they've had from me for over a year is £1.00 per month and now I want to settle they want to play silly buggers with unsubstantiated charges and interest.

 

Gez

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sar them and do some reclaiming

 

what about ppi too?

 

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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Hi dx

 

SAR'd last week so theres a while to go with data just yet, and nope...... no PPI to reclaim on this one.

 

Any ideas on whether I'm reading the 2006 additions to S.77 & 78 correctly re: statements and the giving of.

 

Is the creditor financially penalised (no enforceable interest charges) by failing to send statements for a running credit account as is the case for fixed sum s.77A (6)?

 

Thanks

 

Gez

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not my game sorry

 

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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