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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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HSBC vs annabella7 ~ Court action started


annabella7
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Hi The Mould,

The amount being claimed is 6,103 .and no exact offer sum has been put forward yet from the Claimant.

Re: POC The first one I received was short

."The Claimant's claim is for the balance outstanding under a bank account facility the Claimant agreed to maintain for the Defendant.

It was a term of the Bank account that any debit balance would be repayable by the defendant in full on demand dated ******" That was it !!

However they created the bank account especially for me. My first Defence stated the Claimants particulars of Claim are too vague ect.....

Court Claim Stayed for nearly 11 months.

Numerours letters back and forth especially re:created bank account

The amended POC arrive which is the 2nd Court Claim received. However it

1."The Claimants claim in the sum of 6,103 in relation to indebtedness of the Defendant under a credit card agreement dated 14/11/02 to secure the liabilities of Stan Rosser Limited "(The Company)

2.The Claimant is a banker carrying on business at various branches and whose head office is 8 Canada Square .......At all material times the Defendant was a customer of the Claimant

3 At all material times the Claimant agreed to maintain for the Defendant a credit Card facility 'The Credit Card account" number *****

4.The Credit Card facility was an agreement regulated by the consumer Credit Act 1974.The Defendant has failed to make payment of the arrears of the instalments as required by the statutory Default Notice served by the Claimant dated 24th of June 09

6. At the date hereof the sum outstanding is as follows 6148.

There is no mention of the 'Bank Account in Amended POC

However on The Application Notice of The amended Claim a very short few lines under 'An Order that. 'The Particulars of Claim refers to a current account however the Claim is in respect of the Defendants indebtedness under a Credit Card Agreement account.'

The Claimant respectfully requests an Order that. The Claimant be granted permission to file and serve amended POC

The Defendant do file and serve an amended Defence

Costs be reserved

The final amended Defence has removed 'To secure the liabilities of

Stan Rosser Limited ("The Company")

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That is how it stands at the moment . my Data bundle has arrived and I am going through it with a fine tooth comb.Thanks again for any help or advice you can offer. Tuesday next is the dead line for my Defence.

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I should be able to post both DNs late tonight thanks again.

 

Thank you for those updates annabella.

 

Have you sent a CPR 31.14 to the Solicitor's acting, requesting disclosure of a copy the agreement he refers to in his amended POC, that he intends to rely upon?

 

Yes please do post up the two DN's. Do you know if there was any insurance protection on the Credit Card Agreement?

 

Kind regards

 

The Mould

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Hi, I did not take out any payment protection insurance ,and the CPR 31.14 request was sent to them just after first court Claim. They were given 28 days by court to respond or the Claim would be stayed.

The case was then Stayed for many months until the Claimant requested it to be lifted. By then they had sent me a small bundle of papers but incomplete regarding what was requested under CPR31.14. A far as they are concerned they have sent everything.

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Hi, I did not take out any payment protection insurance ,and the CPR 31.14 request was sent to them just after first court Claim. They were given 28 days by court to respond or the Claim would be stayed.

The case was then Stayed for many months until the Claimant requested it to be lifted. By then they had sent me a small bundle of papers but incomplete regarding what was requested under CPR31.14. A far as they are concerned they have sent everything.

 

Have they supplied you with a copy of the Credit Card Agreement they refer to in amended POC?

 

Do you accept that an amount is owed by you and if yes, what amount do you accept being responsible for?

 

Kind regards

 

The Mould

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Thank you annabella

 

The two DN's fall quite short on remedy time-scale. Is the figure stated correct?

 

It was a little bit difficult to read the Application forms, were the terms and conditions attached?

 

Kind regards

 

The Mould

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Hi annabella,

 

Apologies for not coming back on this thread till now....

 

Do you have the envelopes for the default notices, were they sent first or second class? I see the Mould has already warned you about the potential difficulty in an invalid Default defence.

 

S.

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Hi The Mould.

THe applications came blank at the back.

However they then sent 'a sample of an application form' for a gold cc with terms and conditions on the back.

I had also paid a company in 2009 to help me with the case. They wrote to the Bank to say the account was in dispute and not to record any adverse Data on my CF. At the time the Bank only produced up to date T&C and illigiable application. I have some of the replies from the Bank to that company then. which I will again try and post up. I am not sure about the calculations. I will double check Re the 2nd Default It is recorded on the DATA file when they asked for a copy. Also mentions 3rd Party and W/OFF. The Acc number on firdt DN is wrong and even non existant on all of data bundle. Seems like its from someone else entirely. The signature on the Gold CC seems a bit suspect too. Thanks so much for getting back to me. Regards Annabella7

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Hi Shadow, Good to have you back on Thread. The first DN was sent in june 2009 no envelope. I have the envelope for the 2nd DN and also transcript from the bankprint out . date they were requesting the second DN. The 2nd DN arrived over a year later. Thanks again I can get back to you on exact dates soon . Thanks again for support.

regards Annabetlla7

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Hi The Mould.

The first DN is correct on outstanding balance but reissued 2DN I believe the figures are out.

I forgot to post page 2 of 1st DN. Start dates are also wrong as is the Start date of CC on Court Claim papers also.

I would just like to back tract a bit for advice on how the Claimant can make incorrect Data entries on my Credit File.

Is that not a breach under Data Protection Act.

On the 24th June DN was issued and on the 25th of August Consolidation debt was recorded with no previous on my credit file. How can a file start with a consolidation debt. Would some sort of credit history of that CC needed to have happened first. This is Misrepresention of the facts. I though that a Code of Conduct would apply here?

They didnt warn me about this consolidation debt all they said was that 'a default may be registerd against me with CRAs. Any input on the setting up of a savings account in my name without my knowledge or signature. and stating that it was for ' Administration ' purposes.? Also is it still acceptable to take someone to Court when the account is in Dispute. Sorry for all the questions. Thanks again

Regards Annabella7

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Good evening annabella

 

With reference to the Application form, I would like you to have a study of - Patrick Brophy V. HFC Bank [2010] EWHC, Justice Flaux HELD Application Forms constitutes offer to contract on terms as stated in app form.

Counter signing by the bank, accepted the offer.

 

Further, Schedule 6 Consumer Credit (Agrements) Regulations 1983, bare minimum terms included in app form - inflexible condition of enforceability, thus, Application Form for credit if signed by the debtor and then the creditor upon receipt, create legally binding relationship.

 

Consolidation loans/consolidation of debt, which would be a variation of a pre-existing contract(s), both parties must consent to enter the new contract proposed, silence does not amount to acceptance, you could challenge the bank of the newly created account (admin purpose or not), you did not have knowledge of this account or the terms thereof, two parties to a contract, then two parties must consent to the [same] thing, however, you say that the bank has undone the 'created account', maladministration perhaps, needs to be questioned in any event.

 

The default notice, if defective, see - Harrison V. Link Financial Limited [2011] EWHC B3 (Mercantile), in particular I would like to refer you para 75 of the case. Service of a bad statutory notice (DN) cannot lead to proceedings of enforcement, bad notices can often be made good, the circumstances in which a bad notice can be made good has not been established, so you can challenge the DN's, if defective.

 

Data Protection Act 1998, probably a clause in the contract whereby you have granted permission to process your personal data to third parties, if the data relating to you is inaccurate, out of date, irrelevant, incompatible with the purpose or purposes for which they were intended etc, etc, then possible contravention of the act by the bank, you could counterclaim (in your defence) under s13 of the act for any damage and distress suffered as a result of the bank's breach, you need to be sure of the breach (if any) and what the damage/distress is inorder to succeed on that point.

 

Take that all in annabella and then come back, Roger - over.

 

Kind regards

 

The Mould

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Hi The Mould,

Great insight !! thank you so much for getting back to me and for the enlightlement on the subject matter.

I will get stuck in now and have good read up The created account was refered to in a sort of incidental way / brushed over just for admin ...and still exists as a reference no to a savings account connected with this Debt... However and this is the main reason I have dug my heels in with DG.

Circumstances change overnight and I was experiencing a rough patch, however I was never out to wrong anyone or to decieve. In any case DG have caused me Damage I could not apply for credit as a result of the adverse Data processed.

They demanded payment and at the same time take the leggs from under you! Where is the justice!!

Why couldnt they register 2 late payments ect ? The information recorded was inaccurate and they keep the files and inaccurate information up dated !! So although the CC agreements and DNs are flawed which may or may not stand up in court. I was not informed or party to the created Bank Savings Currant Account and I was not informed or party to A Consolidation Debt Registeration !!

Could You explain Deed of Assigment and its purpose ? The subject is mentioned alot on thie forum.

Again I am so greatfull for the time and effort your have taken to help out.

Appreciated !!

Best wishes Annabella7

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Good afternoon annabella

 

Deed of Assignment is a contract/agreement between two parties, the title owner of the contract can sell the contract to another party by way of Deed, in your case, if assignment has taken place, your creditor sells the contract to another creditor with all rights, obligations and duties passing to the new owner, your obligations under the contract remain the same but you must now continue with your performance obligations to the new owner as your obligations to the original owner are discharged as a result of the title transfer. You would know (or should know) if assignment has ocurred in your case as a Notice of Assignment must be served upon you to inform you of the title transfer.

 

See - Assignment of Contracts under English law, Law of Property Act 1925 s136(1) and s196(4), there is also an abundance of case law on the subject available on the web.

 

Do you think assignment has ocurred in your case?

 

Kind regards

 

The Mould

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Good afternoon The Mould,

Thanks again for the info. You are a brilliant help.

All my communications are now coming from DG. Passed from MCSL from First Direct/Hsbc.

I do not think that I received a copy letter of Deed of Assigment . i will have another look through bundle..

My Defence is going to be centered around the created bank account.

The amendments have materially altered the Claim. The first Claim as you know was for money owed under a bank account and dated 24th of march 2010.

I believe that they have amended a Claim that was unlawfully drafted in the first place. Attempting the Set of Rule to replace debt with more debt is contary to their own Terms and Conditions and Banking Law. Transfering debt to an empty account that they created.

I will remind the Court that I wrote numerous letters to DG requesting an explanation and evidence of this bank acc and gave them ample time to respond

However it took them 9 months to come up with an explanation. A credit card debt was closed down and passes to a savings acc, and they were now going to amend the Court Claim to a credit card debt. 9 months later.

Now if that in itself is not an abuse of the legal system.

The other part to my Defence is the incorrect adverse Data registered with CRA

A CC debt that had no previous history recorded on the Credit file suddenly appears as a Consolidated Debt .No record of any previous activity.

They did as you know send me a DN at the time.: 'with unknown acc no,' wrong start date,' and short on days ' would that be considered miniscule and as you mentioned earlier re; 2nd DN . Whats your guess ? Would the 2nd DN need to be perfect even it its created over a year later.and this can be proved.. both DNs request the return of the cards. This is surely termination as is closing the account and transfering debt balance to a created savings account.

Finally I want to mention that the account was in Dispute.

My biggest difficulty is structuring my Defence, while trying to be as articulate and concise as possible.

I really appreciate the legal points you mentioned earlier. I will certainly be using them in my Defence.

Re your reference to application forms I would prefer not to base my Defence too much on enforceability but more on the banks unreasonable behaviour

Sorry this is so long winded, but Defence needs to be posted Monday to arrive Tues deadline.

Thank you so much again . You are an amazing help .

Best wishes Annabella7

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Good evening annabella

 

DG Solicitors are HSBC's 'in-house' Solicitors, so there is no assignment, legal or equitable, having taken place on the account. HSBC are still the title owner.

 

Requesting the return of the Card is stated on the DN's as being for security purposes. If the second DN is defective, then proceeding (or attempting) to enforcement in dependence upon it will fail, as per para 75 Harrison case.

 

Post up your draft defence, when ready, for review.

 

Kind regards

 

The Mould

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Evening The Mould,

Again!! thank you so much for the reply, and the infomation is appreciated.

I am spending all available time working on tmy Defence. It is certainly not my area of expertise, and I am nervous on strange ground. However I am sticking to my guns in the belief that it is the right thing to do under the circumstances.

One small question........how long between putting in final Defence and going to Court .......Aprox ? Thanks Annabella7 Regards

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Depends annabella, could be 8 weeks or more, difficult to estimate, new applications could be made by either party if new evidence emerged, Pre-Listing Questionaire stage, how many cases does the court need to manage, number of factors involved.

 

Anyway, post up your defence annabella and then it can be reviewed.

 

Kind regards

 

The Mould

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Hi The Mould, I hope you can be patient with me today I had major computer foul up so had to start from scratch. this ia rough draft and unfortunately I will have to type out here.

Thanks again so much for your patience.I still have tomorrow and part of monday to finish. Kindest regards

Annabella7

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Amended to Defence to Amended POC

. I am the Defendant in this action and make the following statement as my Defence to the Claim made by HSBC Bank Plc

. I spent many months preparing a Defence and corresponding with the Claimant and in the light of my Defence the Claimant decided to amend their Claim.

. The First Amendment made by the Claimant has materially altered the Claim. The initial Claim from NCCBC was dated 24/03/10 and I quote for 'the balance outstanding under a Bank Account Facility the Claimant agreed to maintain for the Defendant. It was a term of the 'Bank Account ' that any debit balance would be payable by the Defendant in full on Demand.

I believe that the Claimant was forced to amend a Claim that was unlawfully drafted in the first place and i believe that the Claimant was mischievious in doing so.

. Attempting to use the 'Set off Rule' to replace debt with more debt is contrary to their own Terms and Conditions and Banking Law. Transfering debt to an empty savings account that they themselves created.

. It needs to be noted that I was not party to this Contract and both parties must consent to enter the new contract.

Silence does not amount to acceptance. Idid not have any knowledge of this account or the terms thereof, two parties to a contract, then two parties must consent to the (same) Administration purposes or not. This is not the behaviour one would expect from a Bank following normal banking practice and procedures

. This is highly irregular practice of transfering a sum from a complex account that is a regulated agreement to a bank account in order to falsely create a collectable debt.

. this is an infringement on the guidelines laid down by OFT.

. I have challanged the Bank for information on this Account.

. The Amended Court Claim received was dated 03.02.11

.Almost a year later .

. The recently Amended Court Claim states now that money is owed under a Credit Card.

. It would appear that the Claimant elected to terminate a Credit Card Account covered and regulated by the Consumer Credit Act 1974 in order to avoid their legal obligations and deprive someone of their rights under the same Act

. The Claimant terminated unilaterally and without the necessary s87 rights that would allow them to do so.

. I would also challange the Claimant as to why a Default was registered as a consolidated Debt on my credit file for all the world to see.

. COonsolidation loans/ debts would be a variation of a pre-existing contracts, both parties must consent to enter the new contract proposed.

, Under Data Protection rules if the Data relating to you is inaccurate or a misrepresentation of the facts and there were no grounds to make such entries.

. The Defendant further claims that the Claimant is in breach of the Data Protection Act 1998

. The Claimant is a Data Controller and the Defendant is a Data subject and the data is personal as defined in the s1 of the Act

. The Claimant did not have lawful entitlement to do so.The Claimant has continued to process by updating this and is in breach of the Data Protection Act 1998 and i have been made to suffer as a result of the banks breach.

. The accout was in Dispute.

. The l;ist of inaccuracies,omissions discrepancies and amendments are not what one would expect from a big organisation with the resources to get paperwork and legal documents correct.

. Imade my first CPR 31.14 Request to the Claimant for Disclousure on the 10.04. 2010

. The Claimant did not comply with my request sent by special delivery. Neither did they request additional time in order to comply or communicate with me for over 3 months.

. Finally a correspondence arrived dated the 20th july 2010 producing only partial and totally inadquate documentation contrary to my CPR Request,.

.I wrote again to the Claimant on th e03.08.10 to remind thm that the full extent of myCPR 31.14 Request had not been fortcoming

. I received another communication from the Claimant dated 23.08.10 stating that if I required extra I should write to their office in Leeds. A further communication from the Claimant dated the 06.09.10 stating that all my requests had been complied with in their correspondence of the 20/07/10

. However this is untrue and it has denied me the oppertunity o file a proper Defence.I am missing documents that are legally required to provide me but havnt,

.The Account was also in Dispute at the time

. A Default Notice was served dated 24th June 09

. Served under 'Unknown number'

. Incorrect Start Date.

. Short on days with insufficient time to rectify

. On the 10.12.2010 almost 18 months later DN was Re-Done using figures from the reference book notes Default amount.

. The fiction of the second DN and the Enduring Obligation

. The service of any second DN at a time when the contract is terminated owing to the wording of the DN in its perscribed form would perpertrate the fiction that the contract endured. The same can be said owing the provisions ogf section 89 of the ACT.

. I respectfully ask the court to take note of the Claimants pre-action conduct in regards to this Calim

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Hello annabella

 

I did just make a load of amendments to yor draft and when I went to post my entry I had to re-loggin and my additions were lost.

 

Going for a cup of tea and smoke break, back in 15 mins.

 

Kind regards

 

The Mould

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