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    • Updated, in bold, my apologies.   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 have had past financial dealing with HBOS but I do not recognise any details of the agreement number referenced. The Claimant fails state what type of credit this agreement relates to in their vague particulars of claim.    3. On receipt of the claim form, the Defendant sent on date 28 August 2020 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.
    • I would suggest a couple of extra bits -   Dear Sirs please note that in July 2019 I lived at xxxxx but my current address is xxxxx. I would suggest you tell your client to either employ people with a modicum of common sense or intelligence or buy a better ANPR system that is capable of recognising a simple reg number error. On the day in question payment was made via the RingGo app according to the enclosed receipt.   A simple cursory cross-check of vehicle parking payments versus the ANPR records would show that Premier Park Ltd received payment for parking of a vehicle not detected by the cameras.   The timestamp of this payment coincides with the time when the vehicle specified above was picked up by ANPR.   No money was refunded so Premier Park Ltd have already been paid for the parking used on the day.   Their records should be updated accordingly.  If required I would provide this evidence in court to demonstrate that Premier Park Ltd have been paid for vehicle parking on the date in question and that the claim arose only due to an administrative error.   Your client have suffered no loss for which to pursue me.  I'm sure you're aware of the term “de minimis”. I also point you to new Appeals Charter from their supposed independent organisation the BPA, whereby they state ...this will remove many of the perceived and real injustices, for example, a permit falling off a dashboard or a simple keying error. I could do with financing a winter holiday so if your client wishes to proceed to court with this matter I shall enjoy obtaining a full costs order for unreasonable behaviour under CPR27.14(2)(g). Regards COPIED TO Premier Park Ltd.   As you've never told Premier Park your new address it's not impossible that they might try to resurrect this claim in future and send the court papers to your old address and you'd know nowt about it.  Another reason for also sending the letter to Premier Park is that this fleecing isn't confined to PPC v motorist, unscrupulous solicitors are quite willing to start court action even though they know their client will lose to get the £££ in. I've also been a bit more abusive to show them you're not frightened of their threats 😉      
    • Hi all   On checking my credit file, I found a CCJ from ASSET LINK CAPITAL. Upon checking with the court, they have sent the POC to me by email which states:    The particulars of the claim are:  THE CLAIMANT CLAIMS THE WHOLE OF THE         OUTSTANDING BALANCE DUE AND PAYABLE UNDER AN AGREEMENT REFERENCED 4929107********  AND    OPENED EFFECTIVE FROM XX/XX/2000. THE        AGREEMENT IS REGULATED BY THE CONSUMER       CREDIT ACT 1974, WAS SIGNED BY THE DEFENDANT AND FROM WHICH CREDIT WAS EXTENDED TO THE    DEFENDANT. THE DEFENDANT FAILED TO MAKE      PAYMENT AS REQUIRED AND BY **/12/2015 A      DEFAULT WAS RECORDED. AS AT 30/09/2016 THE   DEFENDANT OWED BARCLAYCARD PLC THE SUM OF    809046. BY AN AGREEMENT IN WRITING THE       BENEFIT OF THE DEBT HAS BEEN LEGALLY         ASSIGNED TO THE CLAIMANT EFFECTIVE           30/09/2016 AND MADE REGULAR UPON THE         CLAIMANT SERVING A NOTICE OF ASSIGNMENT UPON THE DEFENDANT SHORTLY THEREAFTER. AND THE    CLAIMANT CLAIMS- 1. 81**** 2. INTEREST       PURSUANT TO SECTION 69 COUNTY COURT ACT      (1984) AT A RATE OF 8 % PER ANNUM FROM       30/09/2016 TO 14/02/2020 OF 208571 AND       THEREAFTER AT A DAILY RATE OF 171 TO DATE OF JUDGMENT OR SOONER PAYMENT. DATE 14/02/2020                                                 The claimant details are:  ASSET LINK CAPITAL (NO5)  LIMITED   The claim amount details are:   Amount Claimed  £10***.17 Court Fee  £457.93 Solicitor Costs  £100.00 Total     £10***.10   The claimant solicitors’ details are:   KEARNS SOLICITORS BRECON HOUSE 3 CAERPHILLY BUSINESS PARK CAERPHILLY CF83 3GQ Telephone: 0292 0808668 Reference: 4929107***********   I've removed certain info to try and provide some anonymity, I hope that doesn't muddy anything.   The CCJ was obtained by default after they wrote to my old address.   Back in 2015, I CCA'd Barclaycard and they sent a standard response with reconstituted EGG T&C's which state 'Applicable to customers who applied from 01 October 2001'.  As the POC confirms, I opened the account in 2000, before the supplied T&C's would have been applicable.   It also included a Barclaycard Credit Card Agreement with my details filled in (including my address in 2015, not in 2000)   I stopped payments at the time of sending the CCA.   I haven't made any payments since (though I appreciate it's not SB)   I want to apply for it to be set aside and would appreciate any help in what to use as a 'draft defence'   I don't believe that Barclaycard complied with the CCA request so would the account have been effectively in dispute since 2015?  If so, would it be wise of me to supply a draft defence along the lines that I wrote to Barclaycard in 2015 and consider the account to have been in dispute since that time?   My goal is to try and keep any application to set aside simple..    Alternatively, would it be better for me to simply state that without any documentation from the creditor, it's impossible for me to set out a complete defence and ask the DDJ to be set aside along with an order for the Claimant to provide all the necessary documentation?   Thanks in advance!    
    • Good afternoon Everyone,    Im new here and was advised to come here to try to help get some answers!   I recently received a letter from Lowell about some debt that is roughly 5 years old now.    It’s for EDF energy and capital one credit card both on the same claim form?   im not sure it’s even a legit claim form but how would I know?   I just don’t know what to do about it ? Ignore it or contact them?   thank you all In advance.     
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
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      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
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      • 29 replies

Mortgage Rescue Scheme is 'underspent'


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Have you mentioned this debarcle to your local MP ?

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You haven't got much to lose.....and you may find the local council have a different tack once your MP gets involved.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I went to see my MP who did provide a lot of support with letters and telephone calls.I Wrote to Cameron's office had someone ring from it who knew nothing about the scheme but read back a letter which they were sending to me over the phone to check if it was right!I contacted the Housing Minister.The Home and Communities office I left no stone unturned.I was told that they can waiver the capped amount but as in my post earlier only in extreme circumstances.My application in the beginning was left for over a month on someone's email the person had left.When it was picked up one of the admin staff curtly told me that they didn't just buy any old house and was very rude to me.My local Council Housing Strategy Officer and Shelter all said that some Mortgage Companies were just using it as an easy route to get their money and referring properties well over the capped amount which wouldn't be considered even though it has to go through the process of valuation etc.As time as gone on though it's opened a can of worms with my mortgage lender and isn't something I'm pursuing anymore.

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You haven't got much to lose.....and you may find the local council have a different tack once your MP gets involved.

 

I'll have a go, I did threaten the council at one stage, that I would contact my MP and she said I can give you his contact details but I said it's ok I already have them. So I suppose they must be expecting it and they are sure they are in the right.

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I went to see my MP who did provide a lot of support with letters and telephone calls.I Wrote to Cameron's office had someone ring from it who knew nothing about the scheme but read back a letter which they were sending to me over the phone to check if it was right!I contacted the Housing Minister.The Home and Communities office I left no stone unturned.I was told that they can waiver the capped amount but as in my post earlier only in extreme circumstances.My application in the beginning was left for over a month on someone's email the person had left.When it was picked up one of the admin staff curtly told me that they didn't just buy any old house and was very rude to me.My local Council Housing Strategy Officer and Shelter all said that some Mortgage Companies were just using it as an easy route to get their money and referring properties well over the capped amount which wouldn't be considered even though it has to go through the process of valuation etc.As time as gone on though it's opened a can of worms with my mortgage lender and isn't something I'm pursuing anymore.

 

Sorry you have been through that, it's just awful. Did you get a final letter from council turning you down?

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Yes I did I receive a letter.Also I was told that the Housing trust implementing it couldn't be forced to buy My Property.It gave a lot of hope to many people who in the end just didn't get on it which would of took a lot of worry and stress away from them.I remain Positive and Strong in My Mind from being in the depths of despair on the brink of a nervous breakdown.I just switched off those feelings and started to look into everything My Mortgage lender has done with My Account.So much has come to light and I'll pursue it and I'll get the end result I want.

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Yes I did I receive a letter.Also I was told that the Housing trust implementing it couldn't be forced to buy My Property.It gave a lot of hope to many people who in the end just didn't get on it which would of took a lot of worry and stress away from them.I remain Positive and Strong in My Mind from being in the depths of despair on the brink of a nervous breakdown.I just switched off those feelings and started to look into everything My Mortgage lender has done with My Account.So much has come to light and I'll pursue it and I'll get the end result I want.

 

I've got another thread going in the repossessions section but I will repeat that I have now made a complaint to the CEO of our lender who has passed it to his manager to look into the accounts and we were assured they would not take anymore legal action. But they lied or were incompetent because we got an eviction notice which we managed to get retracted & cancelled and an apology.

It might be an idea to complain to the CEO & FOS. We marked it private & confidential to make sure he saw it.

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I've got another thread going in the repossessions section but I will repeat that I have now made a complaint to the CEO of our lender who has passed it to his manager to look into the accounts and we were assured they would not take anymore legal action. But they lied or were incompetent because we got an eviction notice which we managed to get retracted & cancelled and an apology.

It might be an idea to complain to the CEO & FOS. We marked it private & confidential to make sure he saw it.

 

Also, get the press involved if you can. The Express have got a campaign going at the moment.

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I agree it no doubt does help a number of people.....I would like to hear from somebody who has had this made available to them.

 

hi, been reading these posts with interest as my husband and i have had a mortgage rescue, long story and extremely hard to get, took almost 2 years from start to finish, was turned down at one stage but i NEVER gave up, had CAB, local council luckily on side, we were supposed to be one of the 1st ever rescues back in end 2008/2009, ticked every box for eligibility and with serious illness that was made much worse through stress, mainly from the rescue, no one really knew what they were doing, i did most of the work to be honest and bombarded them with emails letters, went to my Mp and our case was actually mentioned at a housing debate in the house of commons, mainly because of the way we had been treated, we were given a date for the housing association would buy it, told to instruct the solicitors etc then at the very last minute told no sorry you cant have a rescue! we very livid, we were then left to get on with it, and as soon as the mortgage company (mortgage express, we were with gmac!but they sold it to M/E just after we had mortgage in 2006) got wind of it hundreds of pounds of charges were added and letters threatened with eviction again,as uptill then the account was on hold, the rescue team didnt offer any help at all, i never let it go and after many more months and letters to MP, housing minister at the time eventually it all went through in 2010 but i can honestly say that it was the hardest thing ive ever had to do, it was a farce at the time and by the looks of it still is, yes im grateful now that the worry of eviction has gone but was a nightmare, sincerely hope the ones that really need the help get it but be prepared to fight especially if you know you tick every box.

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hi, been reading these posts with interest as my husband and i have had a mortgage rescue, long story and extremely hard to get, took almost 2 years from start to finish, was turned down at one stage but i NEVER gave up, had CAB, local council luckily on side, we were supposed to be one of the 1st ever rescues back in end 2008/2009, ticked every box for eligibility and with serious illness that was made much worse through stress, mainly from the rescue, no one really knew what they were doing, i did most of the work to be honest and bombarded them with emails letters, went to my Mp and our case was actually mentioned at a housing debate in the house of commons, mainly because of the way we had been treated, we were given a date for the housing association would buy it, told to instruct the solicitors etc then at the very last minute told no sorry you cant have a rescue! we very livid, we were then left to get on with it, and as soon as the mortgage company (mortgage express, we were with gmac!but they sold it to M/E just after we had mortgage in 2006) got wind of it hundreds of pounds of charges were added and letters threatened with eviction again,as uptill then the account was on hold, the rescue team didnt offer any help at all, i never let it go and after many more months and letters to MP, housing minister at the time eventually it all went through in 2010 but i can honestly say that it was the hardest thing ive ever had to do, it was a farce at the time and by the looks of it still is, yes im grateful now that the worry of eviction has gone but was a nightmare, sincerely hope the ones that really need the help get it but be prepared to fight especially if you know you tick every box.

 

Hi

 

Thanks for this, sounds like you had a very stressfull ride with the MRS.

 

The principle of the MRS is good, definitely

 

When it first came in though, I dont think it was that well thought out and perhaps looked better on paper as things sometimes do, I could say much more but this is not the place.

 

Ive seen and been involved in cases started around that period that have taken up to two years to complete with numerous court hearings to adjourn along the way. The pressure this put on those threatened with losing their homes was almost immeasurable, horrible at times, often vulnerable people too.

 

Along with what you have put, lenders holding out for shortfall balances did and does not help and then there is the nonsense with bankruptcy.

 

The rules changed a couple of years ago with the 10% rule coming in so it can cost a fair packet now and if lenders keep putting on the costs and charges and the case drags on, well.

 

The fact that there is such an astonishing underspend beggars belief and questions should be asked as to why this is in my opinion.

 

People at the coal face and those in Ivory Towers perhaps, stats games maybe?

 

I could say much, much more but I wont (not yet anyway and my memory is good)

 

I still say though (I have to) that the MRS has got to be worth serious consideration for those that are facing the prospect of losing their homes.

 

The MRS has been a godsend for some, its a fact

 

We have had a few succesful completions of late and a number of ongoing cases that look very positive.

 

We havent bothered passing go and trying to collect our £200's though, we have just got on with it, we have found that it is easier that way.

 

Sorry guys, but its the truth.

 

Just my opinions and genuine experience

Edited by Wintry
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  • 2 weeks later...

Hi

 

A fairly recent article on the Mortgage Rescue Scheme (MRS) from the Council of Mortgage Lenders (CML) site (you dont seem to see many articles on the MRS for some reason, strange really given the amount of money pumped in and underspent on a staggering scale)

 

While the actual CML article is a little basic so to speak this one does have what maybe is a very handy list of contact details on the lender front.

 

http://www.cml.org.uk/cml/policy/issues/4495

 

Anything that helps has to be a plus I suppose

 

My opinions as always

Edited by Wintry
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  • 8 months later...

Hi

 

interesting article from the CML on falling arrears and possessions.

 

The Mortgage Rescue Scheme (MRS) gets some good press here and an important reminder that it (MRS) closes to new applications at the end of March next year (2014) by the look of things (I stand to be corrected if I am wrong)

 

http://www.cml.org.uk/cml/media/press/3731

 

W

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  • 3 weeks later...

Honeybee.. I think the question by Pepe is for Wintry in respect of the closing of the Mortgage rescue scheme and whether it does finish in March of next year.

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can you confirm this or find out for me please

 

 

Hi

 

The dates are as given to me by colleagues of mine who work closely with the MRS

 

I cannot say for certain if all authorities will stick to these dates as appears to be the case in the news article link

 

The best way to be certain is to check with your local authority / registered provider

 

You could also contact your local CAB or another appropriate advice agency such as Law Centre or Shelter

 

If you have problems with your mortgage or feel that the mortgage rescue scheme might be of potential benefit to you then get advice ASAP, don't wait for things to get worse.

 

Useful information below from the CAB on the Mortgage Rescue Scheme (including contact links etc)

 

http://mymoney.nedcab.org.uk/moneyadvice/mortgagerescuescheme.asp

 

Hope this helps and best wishes

 

W

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  • 3 months later...
  • 1 month later...

Hi

 

The Mortgage Rescue Scheme did close to new applications March 31st 2014

 

There are on going cases to be processed to their conclusions however

 

I have not really seen any precise evaluation figures yet so to speak and we would have to take the above into account however there has been a meeting or seminar or two I understand

 

I just wondered if anyone has any comments or feedback of the overall benefits, success (or costs maybe) of the scheme that at times arguably has been dogged by less than favourable publicity it would be fair to say.

 

Despite problems (as any new project usually runs into) the scheme has helped people and families stay in their home who otherwise would almost certainly be evicted.

 

So it might be interesting if anyone has any comments, experiences or views on the Mortgage Rescue Scheme?

 

My opinions

 

W

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Is this going to continue, Wintry or has it totally stopped now ?

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Is this going to continue, Wintry or has it totally stopped now ?

 

Hi

 

As far as I know that's it with the Mortgage Rescue Scheme, they will just process the on going applications submitted by the deadline date (there has been a few timescales quoted as to 'hoped' completion time)

 

I understand that late applications just after the deadline date would have been considered however there would basically have to be good reason to allow them through so to speak and may depend on what area (or LA) they come under.

 

Anyone who has any doubts would be best contacting their LA / provider

 

That's how I understand the situation

 

I have got an on going application that was submitted close to the deadline date and it seems to be moving quite well but we shall have to wait and see)

 

The MRS has definitely helped people stay in their homes and even though I have been critical at times in the past I personally am sad to see it come to an end if I am honest)

 

Apologies for the late reply by the way

 

W

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Thanks Wintry :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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