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    • One thing you should probably realise is that this finance company is properly got a fairly long term business relationship with the dealership. To a certain extent they depend on each other so don't imagine that the finance company is going to be impartial.
    • My view is that you made a contract for an item which was not of satisfactory quality and it is clear from the evidence even of the finance company's own inspector that it was not of satisfactory quality when you bought it. In contract law, if an item is so unsatisfactory that you are effectively deprived of the entire benefit of the contract then the contract should be treated as void and you should recover all of your money and any ancillary expenses. It seems to me that you had no enjoyment at all from this caravan during your period of ownership. I think it's outrageous that the finance company are apparently say that because you've had it for a year before they eventually – and grudgingly – agreed that it should be returned, that you should effectively pay for a years usage. At the very worst, it should be said that you only had usage of it from the moment you took delivery to the date of your first complaint to the finance company. How long was that? However, on the basis that you had no benefit from the contract whatsoever, it seems to me that you should recover all of your money. Let me warn you that the FOS is unlikely to recommend this. However they are likely to recommend that you receive a portion of your money – and maybe it will be sufficient to satisfy you and you won't feel as if you want to try and get the rest. In the event that the FOS considers that you are not entitled to any further payment at all, then frankly I would recommend that you go to County Court and sue both the dealer and the finance company together to recover all of your money on the basis that I have described above – and I would say that your chances of success are much better than 85%. The action would be on the small claims track and that would mean that in the highly likely event that you won the case, you would recover all of your costs plus your money +8%. In the highly unlikely event that you lost the case then your losses will be limited simply to the claim fee and the allocation fee – which would probably be in the region of about £300. We would help you all the way. We would help you draft the documents and advise you step-by-step – although you would have to conduct the case yourself and it would probably be done by way of a telephone hearing. My personal view is that it wouldn't go as far as a hearing and that they would back down and pay you out. Personally I think it's a try on and they're taking advantage of the fact that they think that you don't know your way around and that you lack confidence
    • That seems ok it puts them in a spot, the last thing Simple wants is his rubbish POC and cut 'n paste WS to be challenged in a hearing.
    • DX100UK - How does this amended defence adapted from your posy of 19 Sept look? I could only see the date required for the CPR in item 3 to be incorporated:      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 28 August 2020 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.
    • So after sending the email to CEO, the ticket has been successfully cancelled - result!   My original email:   Dear Mr. Christian Hartnagel,   Re: Parking Charge Notice No: 0 XXX XXX XXX Vehicle Registration: XXXX XXX Issue Date: 11/09/2020 Entered Car Park: 09/09/2020 @ XX:XX:XX Exited Car Park: 09/09/2020 @ XX:XX:XX Athena claim an Overstay of 56mins. Photo attached of the receipt valued to your company as sales of £24.77. I am writing as the registered keeper of a car in reference to Athena ANPR Ltd's Notice to Keeper (ref: X XXX XXX XXX).   The vehicle was parked in the car park of your Edmonton store on Thursday 9th September 2020, while the driver was doing their shopping inside said Lidl store. After they paid for their shopping, they unfortunately did not enter the vehicle registration details into the parking machine before leaving the store/car park. The registering of vehicles’ details has not been required for the last few months during the COVID-19 crisis, and so, this instance was unintentional. Had a member of staff mentioned that normal parking procedure had resumed, the driver would have inputted the vehicle information as was done prior to the COVID-19 changes.   As a result of this, Athena ANPR Ltd has issued a civil parking charge notice without any consideration of the situation.   The driver has been to your shop in Edmonton store to try and get the issue resolved but was advised to get in touch with Lidl Customer Services. So far getting a response from Customer Services other than an acknowledgement, has been rather difficult.   The driver is a valued and loyal customer and this is very unfair, and therefore I, as the registered keeper, kindly ask that you instruct Athena ANPR Ltd to cancel this parking charge notice.   Kind regards, Mr XXXXXXX   And I just got this reply:    Dear Mr. XXXXXX Our Ref: XXXXXX Re: Your Contact Thank you for taking the time to contact our CEO. I have been asked to reply on his behalf. I was sorry to learn that you received a parking charge. I appreciate this may have been frustrating for you. Lidl is a national retailer. As such, we have stores in locations with limited parking space and in common with many of our competitors, our store car parks are abused to a significant and detrimental extent. We have therefore judged it necessary to take measures so that our stores parking facilities are available first and foremost to our customers. In order to ensure that sufficient parking spaces are available at all times to our customers, Lidl employs third party contractors to monitor and control our car parks. So far, this service has proved reliable and effective in reducing car park abuse and in freeing up spaces for our customers. In light of your comments, on this occasion only, I have requested that the parking charge is cancelled. Athena will confirm the cancellation in writing in due course. Thank you again for contacting us. Yours sincerely, For and on behalf of Lidl Great Britain Limited Kayleigh Hogg Customer Service *** If this ever happens again, I will make sure to always go via CEO route and make sure receipts are kept. Thanks to everyone for your help with this 👍  ***
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Spam-v- Lloyds Tsb Mastercard 'Summary Judgement'


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Hello all,

 

Not much to report at this stage other than I have a Lloyds Credit card and Bank account.

 

I had the credit card payments under arrangement through a DMP but when I sacked them for being useless Lloyds decided to demand full minimum payment and have whacked on full interest.

 

The account, according to the internet banking statement is closed and shows nil credit available and no credit limit but the monthly statements show a Credit limt of £xxxx and an available credit of £xxxx . They are updating my credit file regularly reflecting these details. To date I have been a good Spam and paid up regularly but I'm a bit miffed about the way they have treated me so I may start to make some waves...

 

Unfortunately I have been unable to open a parachute account thanks to my CCJ from Phoenix and the dodgy defaults from Halifax so I need to tread carefully on this one. :shock:

 

My reason for todays post is that I sent off a CA request to the address on the contact details Sticky for the Compliance Dept in Chatham and my

tracking on the Royal mail website shows it has been redirected.:(

 

Would anyone have a clue where it may have been redirected to?

 

I am wondering if this department is still at that address as mail is being redirected but being a newbie to the lloyds forum I'm still finding my way around.

 

Has there been any updates on contact details recently re SARs and CA requests?

:oops:

Sorry to be troublesome. :oops:

 

Spam.:)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Spamalot,

 

I opened a parachute account with co-op just a basic account but it does give you a visa electron card. I also have a number of CCJs and defaults, they were not too worried about that.

 

HH

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Spamalot,

 

I opened a parachute account with co-op just a basic account but it does give you a visa electron card. I also have a number of CCJs and defaults, they were not too worried about that.

 

HH

 

Thanks HH,

 

I tried the co-op and got a big fat no today :evil: it doesn't help that the CCJ I have is also being updated as defaults on my file by OC (HFC) and DCA (Marlin) so it looks like I've defaulted on nearly £25000 when it's actually £8000... Que sera and all that.:|

 

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Well I am shocked, was it a basic account you applied for. Believe me I thought I would never get an account with my credit record but they said yes.

 

HH

 

Yep... just a basic account ...no frills no overdraft....just somewhere to bank my salary etc... I shall just have to tread mega carefully with Lloyds.

 

I have my set aside hearing for the CCJ in August so if all goes well I shall sue for damages with regards to my rating.... but thats another story. ;)

 

Thanks again though.

 

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Have you tried the post office for an account?

 

FTD

 

Hi, and thanks for looking in.

 

I did look there originally but I couldn't see that they actually did a bank account as such... I only saw savings etc.

 

I think for the time being I am going to have to give up on the parachute idea as the more times my file is being accessed/viewed and the more knockbacks I'm getting the worse it seems to be.

 

As far as I'm aware I am not owed any bank charges from Lloyds as I always kept within my overdraft limit etc. so I won't be upsetting them by asking for money back.

 

I am just challenging the credit card so hopefully they won't be able to take the money out of my current account without my permission if I withold payment, but I'm not sure. :confused:

 

Can they take money out of a current or savings account to service a credit card or is it just loans and overdrafts where they can help themselves willy nilly?

 

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Can they take money out of a current or savings account to service a credit card or is it just loans and overdrafts where they can help themselves willy nilly?

 

Spam. :)

 

 

I presume they would 'offset' from any account in the Lloyds group if the need arised

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Absolutely nothing to do with Lloyds but I got my Official 'No' from the Co-op today and they included in the rejection letter the offer of a 'Cashminder' Account which I just applied for over the phone and was accepted!!

 

That must have been the one Hammy meant, I'd applied for 'Basic' previously.. Thanks Hammy..:)

 

The game is on again... although I've had no reply from my CA request and they haven't cashed the £1 cheque yet... (no point sending a postal order they've got my sig all over the place for the last 20 odd years.)

 

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Sorry Spam, should have said it was a "cashminder" account but I refer to it as a basic account. Had no problems with setting up DDs, Standing Orders and the visa electron card is great

 

Glad you got sorted.

 

Move your money quick before LTSB get their hands on it!.

 

HH

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Hammy

 

another basic account you could have applied for is Basic Natwest account, we applied online over weekend and were accepted only requested identification details so im sure no credit check was done, but if your sorted out now thats good.

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  • 3 weeks later...

Ok, I've got my 'Cashminder' up and running now so it's time to play with LLoyds!...:eek:

 

I have had no reply whatsoever from my CCA request so I'm in a bit of a quandary.... as it was originally 'redirected' should I give them the benefit of the doubt and start afresh sending another request or is it usual for them to just arrogantly dismiss these requests..

 

If I do send another request, should I send it to the address above or the address on the statement in Brighton... gawd they're all over the place..how do you track 'em down...:rolleyes:

 

Thanks, Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Hi all,

 

Mini Update.

 

Sent off another CCA request with a covering letter saying that this is the second request and if I've sent it to the wrong place to pass it to the right one and inform me or the account will go into dispute....

 

I won't hold my breath.:rolleyes:

 

Spam.:)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Bah Humbug... Sods Law..

 

Checked my bank account today and they've cashed the £1 cheque for my first request... so the buggers did have it after all. So I've now wasted another recorded delivery letter, printer ink and paper...grrr

 

Spam.:mad:

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Hi All. :)

 

Got my reply today for my CA request.

 

C A Reply Lloyds 1 picture by Spamalot_bucket - Photobucket

 

C A Reply Lloyds 2 picture by Spamalot_bucket - Photobucket

 

C A Reply Lloyds 3 picture by Spamalot_bucket - Photobucket

 

And 2 lots of T&C's

 

Strikes me this reply is very defensive considering I only asked for a true copy of my CA etc. and I wonder if they either can't find it or it's not enforceable.:rolleyes:

 

I believe the agreement dates back to 1997 so it's a bit old.

 

Any thoughts on my next move?

 

Thanks,

 

Spam.:)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Spam, I also got the same letter this morning but no copy of the statements of account just credit agreement with my name and address and conditions of use which could have been typed out yesterday. They also state in our letters that they are endeavouring to locate the original signed agreement - this is from a company whose solicitors have issued court proceedings against me weeks ago disclosing a credit agreement with the wrong account number and have told me in writing that they got it wrong and then another agreement which subsequently was supposed to turn into my credit agreement for my present card claiming they have supplied a copy of the agreement - my disclosure list is looking good!!

 

As for advice I personally would sit back because in the end they think they are right and will issue court proceedings against you that I am sure.

 

HH

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Hi,

 

I'm wondering whether to 'dispute the account' or not at this stage because it's only just hovering under the Small claims threshold... I want to, but I feel that as the arrogant swines have said that they have complied with my CCA request I doubt they will take any notice of my 'you're not allowed to add interest 'etc. and start piling it on with the charges and take me over the £5k mark. :(

 

Decisions, decisions, decisions.. :confused:

 

Spam.:)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Hi,

 

Can anyone advise whether If I disputed the account now at below £5000 if any subsequent charges were added and this reached litigation.. would it be allocated to fast track?

 

Thanks.

 

Spam.:)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Anybody.. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Got a Letter from them today... apparently I've had cause to complain :confused:

and they will respond to me within 28 days... perhaps they are anticipating my account in dispute letter. :rolleyes:

 

Can anyone tell me if LLoyds are actually sending out copies of the agreements at all or are they relying on freshly printed T&C's with customer Names and addresses on top ,a bit like Barclays?

 

Thanks,

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Spam

 

they are relying on current T & Cs but in their letter to me they say "they are locating my agreement" despite SCM issuing court proceedings and saying "this is your agreement" beyond belief:roll:

 

HH

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Hi Hammy,

 

They have said the same in a letter to me. The thing is, When I started having difficulties I asked them to freeze interest, reduce payments etc which they did do for a while.. but I am now expected to pay full minimum payment plus interest without the benefit of the rest of my agreement i.e credit ( not that I want it!!:eek:)... it seems they have terminated their side of the bargain but expect me to carry on with mine...:confused:

 

I never 'defaulted' so can they legally do that?? I really want to see what I've signed..

 

I've got a feeling this is going to be a long road....

 

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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