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    • 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?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
    • you still got that spreadsheet I did for you?   dx  
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chezelle82

safeloans want intrest after 60days

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Ok as said before you need to dispute it in full.

 

I'd submit the following as a defence to the Court:

 

On xxx date I borrowed £200 from Safeloans LTD which is a payday loan company, offering short term loans at xxx interest rate.

 

On xxx date I failed to repay the full amount of the loan due.

 

On xxx date I repaid the amount of xxx

(list payments made here)

 

Having repaid £380 I feel I have settled the debt with this company in full, the Claimant is adding fees and charges on this settled debt.

 

The additional charges and interest are not listed so I do not know how they have calculated these.

 

(Include any correspondence trail here for reference)

 

The Defendant would also like to draw the Courts attention to the fact that the Claimant has falsely claimed that there would already be a Judgement and claims the Defendant would have failed to make payment in accordance with the Judgement Order.

 

(add email you got on 12th oct here)

 

This is a statement of truth by xxx on xxx

 

You will need to insert some details like dates, but its essentially just an adapted version of the defence sillygirl1 posted here, cause why reinvent the wheel?

 

Then just send it off to the Court, recorded delivery of course.

 

Its a wee bit sneaky to put in the reference to the false claims from that email in the defence, but frankly safeloans deserves their tactics to be exposed to the Courts, plus it can't hurt if you can drag their credibility down to subzero with just one email.

 

 

 

t is essential that you contact us IMMEDIATELY, you are now in breach of the terms of your Loan Agreement, It may be that your debit card details have changed, or that there were insufficient funds in your bank, or that personal circumstances made payment impossible yesterday. Whatever the reason, you need to ensure that your payment is made today without any further delay.

 

At this point you can just ignore any such drivel safeloans sends you.

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Fab thanks for your help in this matter I will get it written up and posted tomorrow, shall I send copies of payments I made to them and copies of emails they Sent or just copy and paste the email and add it on???

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I would add copies of proof of payment yes, plus a print out of the email from the 12th.

 

You could also still show it at the hearing in Court if it ever came to one, but frankly there is a reasonable chance Safeloans will be too scared to pursue you any further anyway after the Court has seen the email of a made up Judgement.

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RIGHT THEN so filled the form out got copys of the emails an statments they sent signed the form will post tomorrow anything else i need?

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yes, thats all for now, we will have to see what they do next, back out, mediation or try to push on with the claim.

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haha, they just keep hammering nails in their own coffin.

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We wrote to you just over a week ago but as yet you have not responded to our letter. You have still not made any contact or any attempt to pay the outstanding (CCJ) judgment debt of £227.81. We are now left with no option but to seek enforcement action in requesting an Attachment Of Earnings Order at your local county court on the 26/10/2012. We wish to advise you that if we obtain the attachment of earnings order this process will involve your employer providing the court with a certificate of your earnings and if a full attachment of earnings is granted the court will order your employer to make deductions from your salary. Additional fixed court fees will be added to the (CCJ) judgment debt.

 

This intended action can be avoided. We would rather mediate the repayment of this loan with you and have 3 repayment options for you to consider. Special Note: If you have previously entered in to a repayment plan with us and you have failed your repayment, the below options and offers will not apply to you. You must contact the office on 0208 6800990 please press option 2 and you will passed to a collections operative who will be able to assist you.

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Well it's gone up and still says obtained judgement

Even tho they say it's passed to collections

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Lovely, what they've sent now is so bad it will put their claim with the court as well as their credit license in very serious trouble.

 

If you want to you can reply, something along the line of:

 

Something simple along the lines of this would do.

I have been in contact with the Court and what the Court said about the case does not match your version.

 

It should be enough to tip them off that they are in very serious trouble and hopefully they would then leave you alone.

 

If they then still keep sending stupid stuff, reply with a short time line:

 

April 2012, Court claim filed, no Judgement has been made according to the Court.

8th October 2012, Email received mentioning intent to file court claim.

12th October 2012, Email received with claim that a Judgement was obtained.

20th October 2012, Email received with different sum for same debt an d again the claim that there would have been a Judgement as weoll as the claim that the debt would have been passed to collections.

 

Above information complete with full supporting evidence will be presented in Court if there ever will be a hearing about eh claim, in the meantime it has been forwarded to the OFT, FOS, Trading Standards as well as the Media.

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Thanks.... there doing my head 'right in, the court should have hopefully of received my letter friday so hope they reply..

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They may think they are like the bullies at school who can get away with whatever they want cause the teacher has no real power, but this is the real world and there is no Teacher but rather a Judge and they won't get away with their bullying.

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So gets a letter off the court today along with my defence back saying i was over the 19days to get it back in from when the judgment Was requested???? Hold on there wasint any judgment when I rung up and If there Was it was well back in time :( they now want £80 to continue with the application....

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19 days from when the judgement was requested isn't the same as there being a judgement, i'd phone the Court and ask for clarification.

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they said they obtained a judgement on friday and she said i didnt get my defence back in quick enough i explained that i hadint recieved any paperwork and that i rung up last week and nothing was on file that they had requested or anything only saying about april where they sent a claim form out etc, and she said i must of done which i never she was a horrible womon i just checked my credit report and theres a ccj on that now!!!!

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Ok, lets just sum up the basic info for now:

 

April 2012, Court claim filed by PDL Company Safeloans, no Judgement has been made according to information from the Court as per phone conversation on the 15/10/2012, you where not aware claim existed as no paperwork received from Court, Court promised to resend paperwork for defence and did so.

 

8th October 2012, Email received from Safeloans mentioning intent to file court claim if alleged debt is not settled within 14 days.

 

12th October 2012, Email received from Safeloans with claim that a Judgement was obtained and you supposedly defaulted on it.

 

20th October 2012, Email received from Safeloans with different sum for same debt and again the claim that there would have been a Judgement as well as the claim that the debt would have been passed to collections.

 

23rd October 2012, Letter received from Court that defence was submitted too late, phoned Court, information received that there was a Judgement made on 19th October 2012.

 

Correct so far? I'll see if I can get someone else to help on this as its seriously getting complicated...

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Yeh thats correct they sent my defence back, no court order or anything If i want to appeal to pay £80 there as bad as safeloans, their saying(safeloans) i need to pay £227 its gone up within 28days plus my credit report now Has a ccj on it.....

Dunno Where to go from here

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What they want the 80 for is having the judgement set aside, which would then essentially remove the ccj and safeloans would have to file a claim again giving you again time to defend.

 

but i'll see i I can find some other angle to attack from cause why should you pay for the Courts mistake?

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I think what is needed here is a clear bullet pointed letter to the Court Manager as a Formal Complaint and ask for a judge to look at the case - state that you want mediation here as clearly neither the court nor the company seem to know what they are doing.

 

I would also copy in the Solicitors Regulatory Authority and the Ministry of Justice to be on the good side.

 

This lot seem to play dirty - you could also complain about the individuals who run the organisation to Croydon Trading Standards, the individuals also have another loan sharking company under the name of N Bolton in nearby George Street - I know because I go past their offices quite a bit.

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Hi Chez

 

You have 2 options here:-

 

Pay the difference outstanding (diff from what you have paid v the judgment amount) you have time yet and the CCJ will not be registered.

Make application to set a side N244 (£80 fee) and re defend the matter...assuming you have a defence with merit.You wont have a problem with the Set a Side as there is bad service here..but there is no point making application if your defence is not successful..just puts you back to where you are now.

 

Regards

 

Andy


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The defence is not a problem, the problem is getting the Court to look at it.

 

Yes, the usual way to go about it would be asking to have the Judgement set aside (which does cost a fee), but in this case the Court resent the paperwork to submit a defence just 4 days before the Judgement, surely the handling of the case can't be right?

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The problem lies with the Claimant on not ensuring it was served correctly (ie Address).As far as the court are concerned it was delivered correctly (or to the last known address).

 

Once the summons as been delivered the clock starts to tick (ie 5 days deemed served so 28 days (14 to AoS and another 14 to submit a defence ..if defending) the rest is just auto processed.No response to summons no AoS no defence therefore default judgment applied.This is requested by the claimant so they can hold this request indef (N225).

 

So now we have judgment with a time limit to pay the amount (usually 21 days in most cases unless forthwith) if chez pays the amount no CCJ is registered.End of the matter.

If chez wishes to set a side the claim starts again from issue.As I have stated no problem getting the set a side but this will only be granted if a reasonable defence is offered.Bad service is a reason for set a side but is not a defence.

The defence would be paid xxxxx already i think I only owe xxxx then the plea would be part admittance and a defence submitted. However he still gets a cCJ.

 

Regards

 

Andy


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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Hi

Thanks for the advice

 

Ive rung the court up and they said the judgment was obtained 19th so does this give 28 days to pay safeloans?? safeloans emailed and said i have till the 7th to pay as the judgment was obtained before the 19th they said, and they will remove the ccjs otherwise i will have to pay to get it removed..

Im confused What you think i should do pay the application or just give up an pay sl any advice will be great

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