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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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Happyhippy1959

EGG loan sold to arrows

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Hi Guys and gals

 

Just got home from a 14 hour shift at the Hospital and find this bad-boy on me door mat. Nice green egg envelope.

 

My question is, have Arrow purchased the said debt or are they being employed to apply the muscle. I thought I was paying my token payment to this by SO but after a statement yesterday checked on line banking and found a digit wrong. So put in three pounds for the months missed (could ill afford) but hey.

 

Another one is I have 40k of unsecured debt and all have accepted a token payment. Now I know these bully boys will try and strong arm more probably with a CCJ, this loan was taken out in 2008 so no chance of any thing a miss. Best way to defend, just say all I can afford do your worst ?????????????

File0001.PDF


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The guys will be happy to advise as soon as they are available.


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The problem you will have with 40K of debt is that the creditors will only accept token payments for so long and then they will most certainly come back at you.

You may of course be able to substantially reduce the debt if for example PPI was included. The return of charges is also a possibility.

 

Whether or not the debt has been sold is somewhat irrelevant in this situation.

 

 

The alternative is to look for a way out, however that would very much depend whether or not you are a homeowner with equity or alternatively have other assets.

 

 

 

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Interesting cos I thought all Egg cards had been taken over by Barclaycard. But perhaps only those where the card/accounts are being serviced in full.

 

Yes, this is a Notice of Assignment and you should hear from Arrow Global proper, soon, I would say. If there was an arrangement in place with Egg then AG should accept that arrangement. So for the minute, I wouldnt worry too much. But as already advised do look at whether you had PPI or any charges that could reduce the amount owed. :)


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Indeed mate, my Egg loan balance was reduced by a third because of PPI, interest and charges. Send them a SAR and do some digging around buddy.


Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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1st Arrow Global

2nd Fredrickson International

3rd Brian (lets sue everybody) Carter ''solicitors''

Welcome to the magic round:madgrin:about


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Hi guy's thanks for your quick advice. Yes Arrow wrote next day,,, repayment stays in place... hmmm. unfortunately this little loan was only taken out in 2007 only a small amount, no ppi all above board.

 

Yes a £1.00 is all I can afford as I have the house and Secured Loan left for my to pay on my own by Mrs ex-hippy. And yes I know they will come back at me but hey this is now 2.5 years I get a review every six months or a year. But at the moment they must be doing a roaring trade with this economic climate. No equity in the house or else I would have flogged it two years ago when she left. Bankruptcy is my only option left, but will hold off till I either stop paying for house and let them repossess because when I go down that route I want a complete clean break... I know that any shortfall will be included in the BR.

 

I am 52 years of age and to tell you the truth I don't care if I never see another Loan, credit card or mortgage in my life..... For 30 + years kept a clean slate paid all my debts on time etc etc,, my God how those bad-boys change when you miss a payment.

 

Never mind,,, I will slog on till I can pick up the courage to say enough is enough, take the house back and do your worst. Mrs ex-hippy buries her head in the sand but as I keep telling her its a joint mortgage you are liable...


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Take heart Hippy, they can't have what yo ain't got so it's:rockon:


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Thanks Brig, my thoughts exactly,,, if some muppet of a DCA buy's a debt of some one who is say 65 + and on benefits or a small pension then they know they are never going to get it back.. the saying that greed gets the better of them rings true.... If a £1.00 is all I can afford for the rest of me natural then guess what,, a pound is what there getting... I would rather sell this house as soon as I can break even than to pay those vultures anything more...

 

An unsecured loan is exactly that,,,, they took the risk,,, tough in my opinion... if I win the lottery then hey,,, happy days for both me and my creditors, what about the billions these bustards lost,,, will they have to pay it back to the tax-payer...NO NO NO


[sIGPIC][/sIGPIC]Happyhippy1959

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Hippy mate, you aint alone and btw really appreciate your honest 'sod 'em all' attitude. good for you man.

 

try and keep your house as long as you can though mate. renting can be ****ty and its a hard road back and at 52 it'd be even harder. try and do wahat you can to stay in the house dude.

 

keep on truckin'

 

DS


Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Thanks Debt star,,, I know renting is not what I am looking forward too.... Will try my damn hardest but hey,,, all the cards seem to be stacking against me... out next week looking for some extra work as my employer after 15 years as decided to pay me only flat rate for any overtime... they can shove that where the monkey puts his nuts. Rather clean toilets at Tesco's than back down on that one.. Lucky as I work three long days at our local hospital so give's me Monday - Thursday to try my hand at a part-time job or did what I did many years ago,,, had a nice little cleaning business going,,,,, windows, little offices etc.... hmmmm like challenges.

 

Yep, will do Dark - Star,,, YOUR SO RIGHT, IT'S A LOVELY THREE BEDROOM HOUSE, EVEN HAVE ME OWN GYM IN GARDEN....

 

Think positive hippy .............. must light up me herbals ....................


[sIGPIC][/sIGPIC]Happyhippy1959

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If you can't you can't, at least you've done your best dude. Just fight to them to the last breath man! Don't lest the barstewards grind you down.


Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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