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    • Thanks Dx. I have tidied the defence up with your suggestions amended. Does it look right now? Thanks!   1.    Monies due under current account facility xxxxxxxxxxxx. The claimants claim is for the balance outstanding under the facility provided by Halifax to the defendant. It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand.   2.    The defendant has failed to repay the amount due following the service of a demand.   3.    The debt was assigned to the claimant.   4.    The claimant therefore claims 1. 5k 2. costs   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.     2. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.    3. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.   4. Paragraph 1, Whilst I accept that I have in the past held a current account with Halifax Bank Plc. I have not serviced this account since 08/07/2016 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Halifax Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.    5. Paragraph 2 is denied as the original creditor has failed to serve a Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and the Claimant is put to strict proof to evidence any breach.    6. Paragraph 2 is further denied as i am unaware of Halifax Bank ever providing me with a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and Notice of Assignment.   7. Paragraph 3 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of 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 credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   8. Paragraph 4 is denied. 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 Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   9. As per Civil Procedure icon 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, which this claim is based on. b. Provide a breakdown of their excessive charging/fees levied to the account with justification. c. 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. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   e. Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.   10. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the *******. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.     11. 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.    
    • MPs are pushing authorities to respond to allegations of potential fraud at certain banks, whereby it’s claimed home repossession documents weren’t actually signed by the authorised signatory View the full article
    • Thanks Dx. Amended defence set out below. Does it look right now?   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    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.     2. 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.     3. Paragraph 1 is denied. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement.     5. Paragraph 3 is denied. It is denied that Cabot Financial served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.   6. Paragraph 4 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.     7. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. 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     11. 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.  
    • I'm generally convinced that there is at least 2 users on MSE that's in my thread that has friends or family or even themselves that have similar line of work to MB or Gladstone.   I don't mind different opinions but they're just throwing out playground insults to me for using that letter saying I'm stupid, prat, idiot etc etc for doing it and not including in the letter without prejudice so it can't be used against me in court. I think I'll leave MSE and just stick with CAG and in this case.    
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
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      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Please help, mum being persued for debt that isn't hers!!!


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Yeah mum sometimes doesn't realise.......

 

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Just thought as well though you adivse to send a copy of the IJ letter to Cap1 but Cap1 have sold the debt to Lowell, won't Cap1 say they don't have anything to do with it anymore?

 

The IJ letter shows that this has been checked out and your sister doesn't live there - send it to them both.

 

My mum used to open my letters if she could get away wit hit - not cos she was nosey or nasty just wanted to make sure I wasn't in any trouble - course on occasion I was and she used to fret like anything. Gues I'll be the same when mine are grown up a bit more - :)

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As a total newby here... as you know their letters when they come, can't you send them back un-opened, with a colour printed strip on them stating return to sender, warning under protection from harrassment act, do not write again or criminal complaint will be made.

 

Thanks dave sadly dcas don't care when it comes to things like this, she did that many a time but it didn't deter them. :(

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The IJ letter shows that this has been checked out and your sister doesn't live there - send it to them both.

 

My mum used to open my letters if she could get away wit hit - not cos she was nosey or nasty just wanted to make sure I wasn't in any trouble - course on occasion I was and she used to fret like anything. Gues I'll be the same when mine are grown up a bit more - :)

 

Thanks, btw i love ur avatar and i have just inherited 2 GPs, didn't want them and now 2 days later i wouldn't get rid of them! lol!

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Thanks, btw i love ur avatar and i have just inherited 2 GPs, didn't want them and now 2 days later i wouldn't get rid of them! lol!

 

That was gizmo - sadly died in Nov aged 4.

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Lowell, huh? Well, it looks as if your sister's debt is now looking less and less recoverable to the DCAs. Lowell is one of the bottom feeders, and if the debt has been sold on to them, it means that they're passing this hot potato around, presumably selling it to the next DCA cheaper and cheaper every time...

 

I think it is well worth:

a) Sending them the "I do not acknowledge any debt to your company, demand copy of credit agreement, £1" letter to them.

b) As Giz says, get your sister's post redirected so it bypasses your parents altogether.

 

Let us know how that pans out. ;-)

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Thanks BW, just to update I have come hom just now and she was on the phone to them (grrrr) just asking to send details here and not to my mums. She never once said that she acknowledged the debt just that she would deal with it once she had got a letter at the correct address...this isn't classed as acknowledgement is it?

 

I don't think it is cos it has to be in writing yes? Anyway have told her not to ring them again and fortunately she didn't give out her number which they were trying to get off her lol!

 

Will send off CCA today and take it from there. Just one more thing though people say to use a Postal Order for the £1, can she not use a cheque?? :)

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Okay so CCA letter sent 3/2/07 so 12 days is at 17/2/07 and 1 month would be 17/3/07. Hope thats right, just trying to give her a timescale really.

 

Something i am trying to find out though is that if they try and chase after 12+1 what happens then? Do we report them to FSA/OFT?? Also could they sell onto someone else and it starts all over again??

 

TIA

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Hope i have got it right above, she got a letter yesterday headed 'without predjuice' (they like that one don't they?) saying they will only accept the full amount by 28/2/07 otherwise their proposal will lapse (proposal? lol).

 

Quite possibly the silliest DCA letter i have ever seen to be honest with you. We both had a bit of a giggle over it. :)

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Okay another letter rec'd on wednesday/thursday I think to my sis saying that they have rec'd her request and the fee but that they will have to get the CCA from the original lender (ie Cap1) and therefore they will and CAN take more than the prescribed 28 days.

 

AFAIK this is rubbish and the timescales are set as such and also if a debt was sold to them with a deed of assignment then shouldn't they have the CCA??

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  • 2 weeks later...

She got another letter today saying that she had agreed to pay the £422 in full and that they hadn't had payment. She assures me she didn't agree to anything just told them her new address...well they have another 12 days to provide her with the CCA so we shall see.

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Oh and she got yet another letter today saying they will send an agent round in 48 hours (told her not to worry) but thing is she is inbetween houses right now, shes staying at mine whilst trying to sort somewhere else out to live...don't really want these letters to keep on coming here. They have 10 more days until the 12+1 is up....will they stop after this? Or should a letter be in order?

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I know it's really annoying taht they keep writing to your address, but your sister should really sit tight until she gets a response on the CCA - or failing that, they default after the 30 days after the 12 working days. THEN she can send a letter stating they are in default, will report the to OFT etc, etc.

 

If this does end up logging any adverse credit on your address, you can log a disassocaition of debt on your credit file, showing that this was a correspondance address only as your sister did not have a permanent address and that the debt is nothing to do with anyone else living at your property.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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She got another letter today saying that she had agreed to pay the £422 in full and that they hadn't had payment. She assures me she didn't agree to anything just told them her new address...well they have another 12 days to provide her with the CCA so we shall see.

 

As long as she never agreed to anything in writing then ignore them. (More than you are already ;) )

 

Oh and she got yet another letter today saying they will send an agent round in 48 hours (told her not to worry) but thing is she is inbetween houses right now, shes staying at mine whilst trying to sort somewhere else out to live...don't really want these letters to keep on coming here. They have 10 more days until the 12+1 is up....will they stop after this? Or should a letter be in order?

 

Try something like this in 10 days time:D

 

I do not acknowledge any debt to you or your client.

 

Please be advised that I have contacted your client directly and requested further information under the legislation contained within s.78(1) Consumer Credit Act 1974 (S.77 (1) for fixed sum credit). Please note this was requested on 21 August 2006, and as I have received no response from your client this debt is now unenforceable.

 

To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 4 weeks later...

Well tbh we didn't send anything and we haven't heard a thing. Haven't given them her new address either, i don't mind anything coming here but tbh they have stopped for now so we'll just leave it. If anything further arrives i will send the letter above. :)

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  • 11 years later...

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