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    • I have now written up the Claim and will post this, we have also been informed by the DJ they will counter-sue for the full amount if we take them to Court for the £500 we are at a loss? We we have also included interest from the date they refused the Money in May as we are having to borrow to fund the wedding in three weeks, its so disheartening as we also have to pay £415 to put the claim in when they could have just resolved this matter!   Are they not bothered about customers at all, they are prepared to keep money without providing any service at all   Its so shameful
    • I'm afraid lapse of time has got nothing to do with it in this case. At the very minimum, though there is is six years within which to recover a debt – and when the money is paid by way of a mistake, it is six years from the date that the mistake was discovered or could reasonably have been discovered. I understand that your vehicle was damaged in an accident and the repair bill was paid by the insurer. Somehow or other, you were also paid about £2000 ostensibly to pay the garage for the repairs. As the car was already repaired, you didn't pay the money over or query it – but you used the money. I'm afraid that if that is a correct summary of what has happened then I would say that you are obliged to repay the money. If my understanding is correct – then you had probably better contact the solicitors and start dealing with them because I'm sure that they will have no hesitation issuing a claim against you and you will then be liable for the money, plus interest at 8% – plus a measure of costs – if the judgement sum is not paid 30 days of the date of judgement.  
    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   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.   Defence 1. 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.   2.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and 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.    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 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if 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 82A of the consumer credit Act 1974.   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   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
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University 5 year registration period+Help


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Hi,

 

Im not sure if this is the right place to get advice on my query but i thought id give it a try.

 

Basically i went on to do a Bsc course in 2005 i was due to complete the course in 2008 but due to personal problems i wasnt able to. I sucessfully completed my first and second year and went on to my final year in the academic year 2007/8, due to personal problems i was given extenuating circumstances for all my modules to complete in academic year 2008/9 as first attempts. At my university we have to complete 8 modules, 4 in semester 1 and 4 in semester 2. When i entered the 2008/9 academic year semester 1 i was still suffering from personal problems so i decided to change some of my modules which

meant i basically had to complete a years worth of modules in semester 2, my head was not in the right place at the time i made the decision and i didnt really know why i changed my modules. At the time i changed my modules i had no one what so ever say to me you will not be able to complete a years worth of work in one semester it is to much no advice was given from my tutor when i asked her to sign the forms to change my modules and my student office did not say i will struggle to cope with the amount of work to do in one semester.

 

I went on to semester 2 of the academic year 2008/9 after about a month i really started to feel the pressure and i couldnt cope with the workload there was way too much to do in the amount time i had it wasnt impossible but i didnt plan out everything. So i decided to try and gain extenuating circumstances agian on the basis the build up of work is affecting my ability to study, after discussing things with my tutor we decided to try and break up the workload so i could complete 4 modules in the may exam week and then theother 4 in the july resit week that way i had enough time to complete everything so i was hoping for the university to see the kind of problem i was in and of course this was rejected because there was not any independant evidence to back up my claim. After about a month of receiving the decision i recieved an email basically stating my extenuating circumstances has been accepted and the modules i applied for extenuating circumstances i could resit in the july resit week.

 

I was confused at the time because i had been told it was rejected then a month later it was accepted, apparently the reason why it was accepted eventualy was because there had been an error made when assessing my application and i was allowed to resit 4 of my modules. By that time it was too late because i was in the month of june and i did as much as i could for the may exam week and i failed most modules when i did get my results.

 

I then went on to complain and a member of staff at the university took my case to sort things out within the university, i was given a decision that i was allowed to continue on to the 2009/10 academic year and all the modules that were failed in 2008/9 academic year i was allowed to complete these as first sits. I am now left in a situation where i have completed everything for my degree except for one exam, yes one exam, because i have used up all my 5 year registration period to complete my degree i cannot go back to university this academic year 2010/11 so i was awarded a Non honours degree

which i feel is unfair.

 

I have appealed to the university against the decision explaining everything and they have rejected my appeal to extend my registration period to allow to me to complete the last exam and and gain a HONOURS degree which i should have. My arguement is that i lost a year of my registration period due to the fact i was allowed to go on to the academic year 2008/9 with a years worth of modules to complete in one semester which i should not have been allowed to do but no member of staff advised me or stopped from doing so, the extenuating circumstances procedure was done incorrectly whereas if it had been done correctly i would have been able to complete everything if my workload had been broken down and i had more time to complete everything, i was given bad advice from members of staff at the university.

 

It seems the university either want more evidence or believe my arguements are not valid, but i am left with a non honours degree which i should have, there must be someone who can help me in my situation and give me some advice or some sort of legal info, i am begging for someone to help me.

 

Read more at: University 5 year registration period+Help - Legal seagulls Consumer Forum

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