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    • Absolutely for the agreement they are referring to.... puts them on notice that this is going to be a uphill fight.   Andy 
    • Particular's of claim for reference only 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Suggested defence 1. The Defendant contends the particulars of the claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.3 (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 of October 2017. It is respectfully requested that the court take this into consideration pursuant 7.1 PAPDC. 3. Paragraph 1 is noted. I have in the past had financial dealings but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification. 4. Paragraph 2 is denied. I have not been served with a default notice pursuant to the consumer credit act 1974. 5. Paragraph 3 is denied. i am unaware of any legal assignment or notice of assignment. A copy of assignment was sent by Overdales solicitors when acknowledgement of receipt of CPR request was received, but this was not the original.   6. Paragraph 4 is denied. Neither the original creditor or the assignee have served notice pursuant to sec86c of the Credit Consumer Act 1974 Notice of Sums in Arrears and therefore prevented from charging interest on debt regulated by the CCA1974. 7. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974. The claimant has acknowledged receipt of request but has failed to comply. The claimant has failed to provide any evidence of balance or Default Notice requested by CPR 31.14 8. It is therefore denied with regards to defendant owing any monies to the claimant. therefore the claimant is put to strict proof to:  a.  Show how the defendant has entered into an agreement with HSBC. b.  Show and evidence the nature of breach and service of a Default notice pursuant to section 87 (1) CCA 1974. c.  Show and quantify how the defendant has reached the amount claimed for. d.  Show how the claimant has the legal right, either under statute or equity  to issue a claim. 8.  As per civil procedure rule 16.5 (4) it is expected claimant prove the allegation that the money is owed. 9.  Until such time the claimant can comply to a section 78 request he is not entitled, while the default continues, to enforce the agreement 10. 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.     .
    • OK, well rereading the court orders from March, in the cold light of day rather than when knackered late at night, it is quite clear that on 25 June there will only be a preliminary hearing about Laura representing her son.  Nothing more. It's lazy DCBL who haven't read things properly and have stupidly sent their Witness Statement early. Laura & I had already been working on a WS, and here it is.  It needs tweaking now after reading the rubbish that DCBL sent and after all of LFI's comments.  But the "meat" is there. Defendant's WS - version 1.pdf
    • Morning, I purchased a car from Big Motoring World on 10th December 2023 for £14899.00. On the 15th December I had a problem with the auto start stop function of the car in which the car would stop in the middle of the road with a stop start error message. I called the big assist and the car was booked in for February. The BMW was with them for a week and it came back with the auto stop start feature all fine and all error codes cleared on the report from big motoring world. within 5 days I had the same issue. Warning light coming on and the car stopping. I called big assist again and the car was again booked in for an other repair in May. Car was taken back in may, they had the car for a week and returned with the report saying no issue with the auto stop start feature and blamed my driving. Within 5 days of having the car back it broke down again. This time undrivable. I had the rac pick my car up and take to Stephen James BMW for a full diagnostic. The diagnostic came back with the car needing a new fuel system as magnetic swarf was found.  I have sent big motoring world a letter stating all the issues and that under the consumer rights act 2015 I have asked for a replacement vehicle. all reports from Stephen James BMW have been sent over to big motoring world. Big motoring world have come back and said they will respond to my complaint within 14 days for the date of my complaint letter. I am not feeling confident on the response from them, what are my next steps?   Thanks in advance. 
    • That is really good is that a mistake last off "driver doesn't have a licence" I assume that should be keeper? The Court requested me to send the Court and applicant proof of my sons disability from their GP this clearly shows he has Severe Mental Impairement, he is also illiterate.  I naively assumed once the applicant received this that they would drop the claim.  It offends me that Bank has asked the Judge to throw the case out at the preliminary hearing and to make us pay up.
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UPDATE ..sent blair oliver etc an account is dispute letter on 16th sept ...they still totally ingnored it and today i receive a threatogram headed notice of intend court action ..im still awaiting a CCA request since march ...what shall i do nxt?? i thinking that if i write again will it get ignored again ..?? i stopped paying my token payment when they defaulted on the CCA request ..to be honest i wish they wud take me to court and let a judge ask me what i can afford..at least then ill get them twats of me back :)

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hi

 

i CCA blair oliver and scott in march 08,heard nothing till last wk which was a usual threatogram...i received another yesday saying notice of intended action ..today i received a letter from iqor chasing the same debt ,,,ive still had no response to my CCA request and sent BO and S an account in dispute letter on the 15th september ..do i now send iqor a CCA request ..?

 

cheera :)

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hi

 

i CCA blair oliver and scott in march 08,heard nothing till last wk which was a usual threatogram...i received another yesday saying notice of intended action ..today i received a letter from iqor chasing the same debt ,,,ive still had no response to my CCA request and sent BO and S an account in dispute letter on the 15th september ..do i now send iqor a CCA request ..?

 

cheera :)

 

Hi if you have a copy of the letter then send an account in dispute as of (date CCA request received by BOS plus the 12 working days), please see enclosed copy of CCA request sent to BOS without any response etc.

 

dpick

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thanks dpick..ive typed out me account in dispute letter ..will add the pls find enclosed bit at the end of it..im gonna send the cca request letter with the proof of postage as well to them :)

 

hi helmetfire,,lol at your comment,,yeh its strange but as we know from CAG its happening all the time ..ive not even had a deed of assignment from halifax/blair oliver scott,,im thinking they dont have an agreement ,,im sure i didnt sign anything back in 2001 ..i think it was all done over the phone

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thanks dpick..ive typed out me account in dispute letter ..will add the pls find enclosed bit at the end of it..im gonna send the cca request letter with the proof of postage as well to them :)

 

hi helmetfire,,lol at your comment,,yeh its strange but as we know from CAG its happening all the time ..ive not even had a deed of assignment from halifax/blair oliver scott,,im thinking they dont have an agreement ,,im sure i didnt sign anything back in 2001 ..i think it was all done over the phone

 

Hi again Blair Oliver and Scott are in fact part of Bank of Scotland (they even use the same initials) so no D O A is required. I have had them on my back for an Intelligent Finance loan (they are part of Heliprats so HBOS etc) they were ringing twice a day every day for the grand sum of £9 arrears on payment I am lucky in that as part of the software on an old modem I can interupt incoming on that number and just give them a message that says I will only comunicate in writting 4 times then disconects the call.

 

dpick

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Without that DOA from haliprats to yourself concerning this account, IQOR don't have a legal right to process your data. And as the account is in dispute i'd tell IQOR that fact and you will see them running a mile from it, contact Halifax in writing and include a section 10 and section 12 notice under the DPA 1998. that should stop them passing your account to a DCA. if they do pass it on regardless you can take them to court and get damages for failing to comply with the data protection act.

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here is a letter i've used twice with sucesss against capquest and westcot.

The second template is a proper section 10 and section 12 notice to use on the OC. Amend to suit yourself

Letter template for DPA.txt

Section 10 Notice DPA1998 Updated version.txt

Edited by adarling2006
forgot to add something lol
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The fact of the matter is Most OC's don't comply with the various act's of law, they don't comply with the Debt collection guidelines in my experience and they should pass a history of the account onto which DCA they use, it's obvious they haven't here, otherwise IQOR would have known about the Dispute and wouldn't have touched it with a 10 foot barge pole. I'd Definatly send in a CCA request and see what happens with that, if it doesn't come back then they've got themselves a bigger can or worms concerning the DPA 1998, the fact they'd have been processing data about yourself for 7 yr's without a legal right to do so, but that's another story, wait and see what happens.

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Hi again Blair Oliver and Scott are in fact part of Bank of Scotland (they even use the same initials) so no D O A is required.

dpick

 

Has anyone challenged them on this?

 

In our correspondence HBOS call Blair, Oliver & Scott "an external agent" and as HBOS remain the legal owners of the debt no DOA exists.

I'm just doing some digging before reporting BOS to Trading Standards & OFT for "passing off" as an independent DCA.Any thoughts?

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so i send a CCA request to iQor?? ive got an account in dispute letter going out to them tomorrow..also ive enclosed a copy of the CCA letter i sent to haliprats in march also enclosing the proof of postage..shall i send that for now ..and if i hear from iQor again then CCA them ??

thanks for all this positive feedback adarling

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having heard nothing from BOS about this account for a couple of months (they must be too busy going bust:-D)

 

I think you might have something in this joke.

 

It could be a new campaign to recover as much debt as possible before the transition to Lloyds/TSB.

 

in which case you might see many more BOS letters hitting doormats now.

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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I think they must be trying to get a nest egg together for when they do finally get the bullet, as Llyods have got their own in house team at DLC/Hillsden securities, but they are all the same really, straight out of the jungle and no clue about civilized society lol.

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If they haven't replied to your legal request for six months (and i knew that wouldn't) then if you haven't already then it's time to make a complaint to Trading Standards.

 

It's tempting to ignore their letters i know but you have to think about building up a paper trail and evidence to show, amongst others, TS that you have consistently requested information that you are legally entitled to.

Don't ever expect a decent personal reply from the likes of BOS though. Just pop the letter in the post box and forget about it, concentrating on getting the regulatory bodies involved and hopefully on your side.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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hi davey thats gonna be my nxt move not that TS do much but at least like you say i can prove ive wrote to them ..the halifax debt as been given to iQor..im getting letters from them and blair oliver etc..ive got me acount in dispute letter ready to send to iQor..ive not even had a D O A from BOS lol:) aint they naughty

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Well, in that case you have another complaint to ad to your TS letter in that you are being pursued by two DCAs over the same account! :)

 

You just need to keep pushing TS. Write to them every couple of weeks and escalate your complaints to the Council Complaints debt if you don't get a response. They should have a complaint form on their website.

 

But initially go direct to TS and give them a chance to sort it. You may get lucky! :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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