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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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lucille84

When to send Statue Barred letter Scotland

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I have recently received letters from several debt collection agencies regarding supposed debts I owe, I live in Scotland (always have) and I am seeking some advice on several points below:I received a letter to my home for a debt of over £1300 from one DCA and a letter for an almost identical amount was sent to my parents house for me (I have not lived there for many years but did live there when the accounts would have been opened) from a different DCA - can 2 DCA's be handling the same debt at the same time?I have previously been advised any debts taken out at this time would have been statute barred and I have planned on sending the template statue barred letter about this but am unsure whether I should as, although the letters are the typical scary red final demand letters, there has been no further action - should I send the letters now or wait to see how this progresses?I also receive letters going back several months from another company about a credit card debt for £350 however have received ridiculous letters from them stating that will write off the debt if I pay £64! - should I also ignore these or send the letter, seems they are desperate to get something and they might already know the debt is statue barred?I have used 2 CRA sites for about 2 years, my credit file is clean, I have a credit card which is up to date since May 2010, a mobile phone contract and all other bills/contracts up to date - surely any debts requiring final demand letters would show up on this?Lastly, I noticed that one of the DCA I received a letter from do not appear to be on the Consumer Credit Register - are they legit?Any advice would be greatly appreciated so I know how to progress.

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If it was me.....and i was sure it was over 5 years - i would send them now .....if anything just to get them closed off.


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Thanks Ida,I am pretty certain that the last communication through a debt repayment company would have been in late 2006, i can not find any documentation after then.Can you help advise on any of the other points?

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Hi,

 

These debts will be Statute Barred but until you inform the DCA's they will continue to harrass you into paying something, regarding two DCA's chasing the same debt, for all you know it's more than likely the same company with a different hat on.

 

Like Ida I would send the Stat Barred Letter and see what they come back with.


 
 

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Thanks for your help.I am about to send the letters however the situation has become a little strange with me receiving another unusual letter.It is addressed to an old flat mate (referred to as C) and me, however I have not spoken to this person since we gave up our old flat in Feb 2008. The letter states that a DCA is looking to contact us but does not specify why. The problem I have here is that this C had the bills in her name, I can not think which would have been in both our names. Before I and a 3rd flatmate (who I still speak to) left, we gave the balance of all outstanding bills to C, trusting she would pay them as they were in her name.My worry is that there is no way for me to prove this and that she has in fact not paid those bills. If I communicate in any way with this DCA, will I end up being responsible for anything which she has not paid - as in essence, she will have stolen that money from myself and the 3rd flatmate.I also recall at the flat I lived after moving out (C had never lived there) we received letters addressed to her, I assume regarding debt - she clearly gave DCA's my new address as her own!There is no way I can trace C to find out, and I doubt she would admit to theft! What can I do?

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Hi,

 

Who is the DCA chasing the debt in joint names, were you up to date with your Council Tax at the old flat ?


 
 

Any advice I give is honest and in good faith.:)

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The DCA is called BPO. Letter says they are looking to contact the named people on the letter but no further details about the debt.I believed that all the bills for that flat were paid, including council tax. Due to the set up in the flat (which was unconventional, shall we say!) the council tax was in C's name - no bills at that flat were in my name, as far as i remember. I am worried she has contacted one of the utility companies/council tax when we moved and added my name, but i don't know how she can without my consent/signature.

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Looks like BPO collect for Virgin Media and Mobile companies, can you recall any debts with either ?


 
 

Any advice I give is honest and in good faith.:)

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There was only freeview tv in that flat and no phoneline/internet connection. At the time i had a PAYG phone and believe that C also did.I have never had any sort of cable/digital TV or internet services at any property i have lived in, and have my mobile phone contract up date date, has been since i first got it with Vodafone a few years ago.

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I'd ignore BPO until they send something worth reading, let us know if you receive any more letters from any of the DCA's.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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staute barr debt, if you think they are then dont confirm DPA make any payment or admit the debt, talk to them about a aledged debt, but do not admit liability !

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Here is an update on the situation regarding the original debts.

I sent off the draft statute barred letters and have received a response from one of the DCA's, however this response was again posted back to my parents house even though i sent my current address on the top of the letter - could i say i have not received this as i have provided my address, which they have not updated on their system, to which they should send any reponses? They have said that the debt is not statute barred as last payment was in Feb 07 however i do not recall this being the case, and have now demanded payment in full (despite the last letter offering a reduced settlement sum). As i have not addmited the debt, can i demand they prove the debt and the payment history as i do not know exactly what the debt is for ( i think it is a store card but they have not named this specifically), i certainly do not recall anything for this amount ( i am assuming interest has been added)?

I am now worried that the other DCA come back with the same thing for the other letter i have sent. I am really concerned about this as i am getting married soon so all of my money is accounted for, i really can not afford to be paying out anything on top of what i already pay!

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Hello there, you can certainly demand evidence of how the payment was made, and where. If they cannot prove it then they cannot rely on the statement that payment was made on that date.

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Thanks sequenci.

What is the best way for me to do this, is there a draft letter available? I do not want to start with phone calls to these people as i can imagine this might make things worse.

Also, i recall reading something about a company having to provide the original agreement with my signature within a given time frame, and without this i can argue the debt does not exist, is this true?

Any help is appreciated.

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Hi, as Sequenci has said they have to prove you owe any monies they claim you do, there is a letter in this link you can send them................

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

Send it recorded and let us know how they reply, it really does sound like they are chancing their arm I would'nt worry, sounds like they know it's stat barred.

 

Do not phone them.


 
 

Any advice I give is honest and in good faith.:)

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Thanks maroondevo52.I am a little concerned about sending the letter as I think I do know what the debt is; could I cause myself more trouble by denying this then, if they prove the debt exists, I acknowledge it?Also, is this letter applicable in Scotland (i have noticed there are different letters for Scotland & England).

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Hi,

 

Yes that letter is fine to use in Scotland, you say you know what the debt is if you could tell us we may be able to advise you about claiming back charges ect, if it's not Statute barred.

That letter is only asking them to prove the debt exists in no way are you acknowledging it.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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Thanks, the letters were sent today.One is for a loan with Egg and the other is a store card.I would rather that they were statue barred than look to claim any charges, however anything would be of help!

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So i sent the second letter to both companies on 16th Jan. Have heard nothing from Lewis however CapQuest have again sent a letter to my parents address (despite me writing my coorect address on the previous 2 letters i sent them!) now saying that they are now making arrangements for a door visit from ScotCall to that address due to my failure to make a repayment arrangement. To say i am furious is an understatement!They have not acknowledged the last letter i sent asking them to prove the debt and i do not want people turning up at my parents door1 - Should i call and tell them that they have been provided the correct address and that the current tennants at the address they wrote to have been instructed to call the police if someone turns up? 2 - Should i also tell them that i will only communicate with them through writing and once they have responded to the previous letter?3 - Can i also mention complaints to ombudsmen etc.?I need to contact by 31st January (tomorrow) so answers to these qustions are greatly appreciated.

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UPDATE:Spoke to NDL who advised that i can now make complaint to FO and OFT due to the actions of CapQuest. Called them, passed from pillar to post, finnaly spoke to someone in compliance about the address issue which she would look in to and update, been told no further action on account as on hold. She also advised that their admin team were in contact with the original company to get copy of original agreement. I have asked this be posted to me. If they get this it proves there was a debt, but if they can not provide proof of last payment, can i still claim statute barred and refuse to pay? (They claim last payment was 9/2/07 so is SB on 9/2/12).

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Hi, do you know which debt Capquest are saying your last payment on the 9:2:07 was ?


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Hi, they are saying it is for a store card i think, states it is Clydesdal Financial (can not remember exactly and do not have the letter to hand). The amount they want is £1300 but i never had anything with a value of over £500, asumming the majority of it is interest.

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So an update on one of the DCA's above. After communicating with CapQuest using the statute barred letters, they have now sent a copy of the original agreement and a copy of payments made showing the last one in Feb 2007, asking me to contact them about how i am going to settle this account. As 5 years have passed since the last payment and i have still not akcnowledge the debt,can anyone advise what i should write to them, as surely this is statue barred and they cannot enforce payments??

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Tell them that the debt is extinguished, it no longer is in existence and that they need to close their file and leave you alone. Ask or them to also provide you with a copy of their complaints procedure.

 

Hope it does the trick!

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Hi,

 

The Prescription and Limitation (Scotland) Act 1973 clearly states that the the debt MUST be acknowledged by you, not by any action (other than court action) on the part of the creditor.

 

If this debt is Satute Barred it is a breach of the OFT guidance to continue to ask you for payment, the emphasis is on the DCA / Creditor to prove the debt is enforceable, and not for you to prove it isn't, as they have sent you proof your last payment was in Feb 2007 they don't have a leg to stand on.

 

If a debt is statute barred in Scotland then it is also extinguished. It clearly states this on the updated OFT guidelines for debt collection.

They cannot continue to contact you about a debt that no longer exists.

 

 

You could try sending them one final reminder..........................

 

 

 

Dear Sir/Madam

 

Account No: _____________________________

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

 

“If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

 

(a) without any relevant claim having been made in relation to the obligation, and

 

(b) without the subsistence of the obligation having been relevantly acknowledged;

 

then as from the expiration of that period the obligation shall be extinguished...”

 

I/we would also point out that the Office of Fair Trading (OFT) say under their Debt Collection Guidance on statute barred debt that:

 

“It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The legal requirement for the debt to remain in the required period is:

 

(a) my/our written acknowledgement of the debt, or

 

(b) any payment that I/we have made in that relevant period.

 

No other form of acknowledgement is construed in law to be acknowledgement and to infer that any other form is in itself in breach of the law and the Debt Collection Guidance, having taken advice, should you ignore this letter, I/we will be making a formal complaint against your company, followed by a referral to the OFT for breach of the collection guidelines.

 

Further, as the last written acknowledgement/payment of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Part 1 Section 6 of the above Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that:

 

“continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment”.

 

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I/we look forward to your reply.

 

Yours faithfully


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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