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    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        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.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (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;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. 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.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
    • Parag Agrawal, Twitter's new CEO, is the latest of several Indian-Americans leading global tech firms.View the full article
    • So Apple can get out of it by this technicality seems ridiculous to me.   They call themselves Apple not Apple Retail. Unless you’re clued up on these things how can the average person know that it's Apple Retail UK.   If I got a letter from the court and never responded based on them spelling my name as Jo Blogg instead of Jo Bloggs I can bet your boots I would still be pulled in over it.    You've been very helpful I’m just annoyed over greedy Apple...oops I meant Apple Retail UK 😂
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Midland Bank/HSBC Personal Loan PPI *** SUCCESS ***


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Hi all. I’m a ppi reclaiming virgin!

 

RE: Midland Bank Personal Loan PPI (Now HSBC)

 

I have been digging in old files and unearthed my signed copy of a 1993 Credit agreement

This info enables me to fill out a Stat int sheet v101.xls and also a Fos consumer questionnaire. (Thanks to info on this site)

 

1 Do I still need to ask for a SAR?

2 Do I need to provide statements to show repayment? I have a few.

3 Where do I send my complaint? Local branch or

The Manager Service Quality Team

HSBC Bank plc,

Arlington Business Centre,

Millshaw Park Lane,

Leeds,

LS11 0PP

as shown on their website for complaints

4 Do I send a copy of the credit agreement along with spreadsheet and questionnaire?

 

Thanks for any assistance.

Edited by lucksic
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Hi and welcome to CAG

 

Please see my answers in red below

 

Hi all. I’m a ppi reclaiming virgin!

 

RE: Midland Bank Personal Loan PPI (Now HSBC)

 

I have been digging in old files and unearthed my signed copy of a 1993 Credit agreement

This info enables me to fill out a Stat int sheet v101.xls and also a Foc consumer questionnaire. (Thanks to info on this site)

 

1 Do I still need to ask for a SAR?

 

Not if all your payments were made on time and the loan ran its natural course...they are unlikely to have data going back that far anyway

2 Do I need to provide statements to show repayment? I have a few.

 

Not at this point no

3 Where do I send my complaint? Local branch or

The Manager Service Quality Team

HSBC Bank plc,

Arlington Business Centre,

Millshaw Park Lane,

Leeds,

LS11 0PP

as shown on their website for complaints

 

Thats the one

4 Do I send a copy of the credit agreement along with spreadsheet and questionnaire?

 

I would because otherwise they will come back and say we have no records that far back. Make sure you send the copy and not the original

Thanks for any assistance.

 

Good luck with it.....you probably have more information on your account than they do !

 

ims

  • Confused 1

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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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Wow thanks ims for fast response. printer is churning as I type, will keep you informed.:-)

 

EDIT *** Everything now ready to mail tomorrow.

Scanning the agreement was hard, the carbon did not reproduce well when printed, so sent one copy as it printed and traced over wording on a further copy and have now scanned a high res copy which I have told them they can request via email if required.

2 x copies of original credit agreement

1 x consumer questionnaire

1 x spreadsheet

and a simple covering letter.

Edited by lucksic
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  • 2 months later...

Update for everyone.

 

I have been made an offer in full settlement today. :whoo:

 

 

 

 

Hi and welcome to CAG

 

Please see my answers in red below

 

 

 

Good luck with it.....you probably have more information on your account than they do !

 

ims

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Excellent news...

 

Have you checked the figures to make sure their offer is correct?

 

StatIntSheet v101.xls

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi ims,

Yes amount is actually £30 (ish) more than when 1 sent it off in Feb, they have calculated interest to the offer date. I wrote the calculated figure in my covering letter £xxx.xx to the date of this letter.

 

I'd used and enclosed a print out of the StatIntSheet provided by CAG

You were correct ims, I had more info than them. (this dated back to 1993 - 19 years ago.)

 

I sent it all to Leeds as above and heard back from Bristol a few weeks back acknowledging receipt of my refund request and asking me to fill out a fos form if I hadn't already. I was able to ignore this as I had already filled fos out and sent it with my original request as per advice found here.

 

I've filled out acceptance and am about to go to my local branch to have my ID verified.

 

Will update thread when I get payment :-)

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Great stuff.

 

As you said, let us know when you've got the loot and we can update your thread title to reflect your success.

 

Regards

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 2 weeks later...
Update*** Payment has been made into my account for the full amount :whoo:
as you were suceesful in your claim for ppi i phoned my bank they said i had ppi on a loan i had with them so they sent me a questionaire which i filled in but couldnt remember some things i didnt send statements agreement etc as they should have the details.does this matter or is it just for my own benefit to make sure they have got their figures right with the claim.my loan was with hsbc
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Update*** Payment has been made into my account for the full amount :whoo:

 

Excellent news....I've updated your thread title to reflect your success. :whoo:

 

as you were suceesful in your claim for ppi i phoned my bank they said i had ppi on a loan i had with them so they sent me a questionaire which i filled in but couldnt remember some things i didnt send statements agreement etc as they should have the details.does this matter or is it just for my own benefit to make sure they have got their figures right with the claim.my loan was with hsbc

 

You don't need to send any supporting information if they have the details. If the try and pull a fast one saying that they haven't got info then you can hit them with the fact that you have!

 

Always wise to check any offer....remember, banks cannot be trusted.

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Excellent news....I've updated your thread title to reflect your success. :whoo:

ims

 

Thank you for updating the title, and the great advice given ims :-D

I've made a site donation from my ppi refund as a way of giving thanks to CAG for providing the info and support.

 

I did have a slight blip in process in branch when I went to have ID check, when an officious staff member though he knew best. :roll: However a two page letter to the branch manager seemed to do the trick and triggered a personal telephone call and written apology, and virtually immediate transfer of funds to my account.

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Hi

 

Many thanks for the donation...that will help us to carry on helping others.

 

Good on you for keeping at it and for not letting the bank for getting one over on you.

 

Enjoy your winnings :-D

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Share on other sites

Congrats on your success!! just started claiming mine back! I have about 800 on a goldcard outstansing from around 2003 defaulted around 07, im claiming ppi to reduce the balance before i pay it back, and putting in a complaint to the fos about irresponsible lending, 2000 limit to a student already heavily in debt!! anhee! I sent off a request for a refund and a few weeks later got a reply saying they accept my claim and will refund premiums and interest....BUT sorry we dont keep statements more than six years so we cant refund you unless you have statements!! silly me for binning the ones I got for charges refunds! I still have some but only a handfull!! since one account is still active should they not keep records?? anyway to catch them out on this one?? also do they refund interest at 2% or the rate they charged me at? surely they keep account summaries if not statements? any advice appreciated!! xx

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