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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         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 noted. 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 nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     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;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     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 fulfil my CPR 31:14 request.   9.     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.   10.  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 just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Court Claim MKDP old HSBC debt***Claim Struck Out***


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Hi - received a Summons today from MKDP and POC claims that is monies due under a bank account

facility but in fact was a First Direct Gold credit card!

 

Can someone with more experience confirm we're doing right thing in sending CPR 31.14 for documents to claimants

asking for copies of said bank account, original agreement, DN, TN and NoA that they intend to rely on?

 

We're a little confused as to why they are stating it is a bank account when it was very clearly a credit card.

 

We have statements from August 2008 (when the account was terminated?) t

 

hat state it is a 'gold card statement' and looks exactly like a normal credit card one

- with credit limit, etc.

 

We're assuming that as it was a credit card they cannot take us to court saying it is a bank account?

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Why not play them at their own game and go along with the error...send the the CPR 31.14 current account request.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account.

 

Obviously they cant respond and your defence would be truthful........ " It is denied that I have held a current account with First Direct...........

 

:wink:

We could do with some help from you.

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Hi Andy, thanks for your prompt reply,

 

we have looked back and we did, once upon a time, have a current account with the number they are quoting,

but it was not ever overdrawn and was completely separate from the credit card!

 

They closed the bank account and the credit account when we hit a low point in our finances,

and we have been periodically chased by various debt collectors ever since for the credit card

 

but now, this has appeared stating it was a bank account!

 

We like your idea but if we do that,

 

wont they then just re-issue the summons with the correct details?

 

Should we still send the CPR as you suggested?

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So in reality it could be the CC or the OD or both added together?

We could do with some help from you.

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Okay send this one

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

See what response if any.......If they respond saying that its a current account and therefore no documents required......

 

They do state " under a bank account facility " so lets see how they interperate that?

We could do with some help from you.

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Keep your eye on the dates and acknowledge claim on time.

We could do with some help from you.

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Did you check statements after closing the current account? They may have used it to pay your credit card instalments for a while, creating an overdraft (despite no facility existing). That's what LTSB did to me, subsequently adding hundreds in unplanned o/d charges, not a penny of which I paid, of course.

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  • 2 weeks later...

Good morning,

 

well, as we suspected,

we have had no reply to our CPR 31.14 letter,

 

we think the next step is to put in our defence?

Is that correct?

 

We had a summons back in May, I think, from Sigma and never heard anything after we submitted the defence,

 

so wonder if we could use the same defence again?

 

If anyone could give us a little advice, be grateful. Thank you

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I would have thought you may have to amend it slightly every PoC is unique.

 

Regards

 

Andy

We could do with some help from you.

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This claim is for a significant amount £25k + and they are claiming it is a bank account!

 

We never had an overdraft facility with this account.

 

We did have acredit card, that was never requested,

but at the time, we were both earning big monies and thought a credit card was useful.

..(us and thousands of others I think)

 

we lost our jobs and hit a rock bottom, financially, and that's when we stopped paying our cards.

 

We have sent a CPR31.14 letter as Andy suggested - but no reply since 21st October.

 

I have read on here about 'embarrassed defences'

 

- can someone advise if this is the sort of defence we need to compile?

 

Thank you

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Can you put up their particulars Factor (verbatin) less any identifiable data

We could do with some help from you.

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Here it is in all its glory:

 

The Claimant claims the sum of £25k+

being monies due from the Defendant(s) to HSBC Bank plc

under a bank account facility regulated by the CCA 1974

and assigned to the claimant on x/x/11. T

 

he Defendant(s)'s account number was xxxxxx/xxxxxxxx.

 

It was a term of the bank account that any debit balance would be repayable in full on demand.

 

The Defendant(s) has failed to make payment as required by the statutory default notice served by HSBC bank plc.

 

The Claimant claims the sum of £25, xxx and costs.

 

The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

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As far as we remember and have paperwork for,

this was definitely a credit card,

a gold credit card,

that was just sent to us with a credit limit of £25k.

 

Neither of us recalls asking for it, or signing anything for it.

 

It was definitely NOT a bank account, or a bank overdraft facility.

 

Thank you for your help

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Sounds about right ....not many with a O/D of £25k:-o

 

Date of the summons Factor?

We could do with some help from you.

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15 October and we sent CPR letter by Special Delivery on 21st.

 

And we acknowledged on 21st too

 

Defence is not due until 20th Nov

We could do with some help from you.

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bank account...CCA ..urm..no!

 

god they are really dragging the barrel hoping to get away with that PoC.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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May be an idea to get a section 78 request off ASAP Factor if you have not already...they will be in default by the time your defence is due.Include a cover note explaining that their recent claim is misfounded you dont or ever have a current AC or O/D.

We could do with some help from you.

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When did this "account" start ?

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When did this "account" start ?

 

There isn't an account - it was a credit card from way back - definitely - we think it was sent to us in 2000 or 2001? Not really sure because all the original papers are long gone! We only have the last statement sent just before we defaulted.

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May be an idea to get a section 78 request off ASAP Factor if you have not already...they will be in default by the time your defence is due.Include a cover note explaining that their recent claim is misfounded you dont or ever have a current AC or O/D.

 

Okay Andy, will do this tomorrow - is this the one where we need to send a £1 PO? I think we sent one of these off to HSBC for the other court thing that never came to fruition.

I think these MKDP people are chancing their arm?

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