POC 1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant. 2' The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019 a default was recorded. 3.As at -/-09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. 4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. 5.And the Claimant claims- 1. 397281 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/09/2019 to -/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Try this: from my files... 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. 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. 2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement. 3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date XXXXX a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply. 4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. 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. 8. 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.
Hi folks, it's been a while but I'm back as I thought I would be. I didn't know where to post this as my original thread is now closed so sorry if I'm in the wrong place 🐵 BW Legal are at it again and after me. https://www.consumeractiongroup.co.uk/profile/393677-ncp-hater/content/ Here's the latest episode. This looks a bit more official. Is it BS or do I need to appeal to "them!!!!" 🤬 ???? Judge and jury ggrrr !! Many thanks !!!
Play this right and you will have a nice claim under GDPR against Excel. the existence of the ticket and its scanned image as an exhibit will be a killer for Excel.
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Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
@curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
@skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
Jennyripper1974 posted a post in a topic,I’m in desperate need of help
I bought some clothes online in may through Evans and paid through PayPal
returned them all seven days later
I waited the 14days for my refund and no refund came
I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it.
evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
I contacted PayPal
they said the dispute had been closed but Evans at no point had attempted a refund.
fast forward to today
I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
I’ve also contacted their customer service too
all I get is PayPal have cancelled refund because dispute is still open.
I have proved that the dispute is closed
I have got an email saying that if Evans sent the refund they would accept it
but up until the date I got the email they have not once attempted a refund .
I have sent them a letter before court email
I have even offered to have the full refund as a gift card just to get this sorted !
I’m literally at the end of my tether and don’t know where to turn next !
i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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