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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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 or termination notice; and © 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;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   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 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 82A of the consumer credit Act 1974.   7. 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.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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anubis61

do i have to pay?

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try to keep this as short as possible..... three years ago I was married to my ex..she had 3 children from a previous relationship and wanted to claim tax credits etc,. When she tried to, she had to get me to complete a form as we were married and it had to be a joint claim (tax office told me this). well to cut a long story short an overpayment was made (all payments went direct into her account and I was not aware of whether or not she was overpaid) a year or so ago HMRC contacted me to say about the overpayment and that they want it back. I wrote to them explaining that it was my ex wifes claim not mine. they returned saying it was a joint claim so both liable...i wrote again explaining i only claimed because they had said to and did not see why they should ask me for all the money or indeed any of it. I asked what they were asking of her as she still claims and they said that they cannot discuss. anyway I have now received a letter from them stating that I have not paid so therefore they are changing my PAYE tax code to recoup the overpayment!!!

I am at a loss...why should i be liable for this when she has had the money and spent it! we done a clean break divorce and I even gave her the car and paid her legal fees. this seems grossly unfair...anything I can do??

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Joint claim = joint and severally liable for any monies over paid. Did you sign the joint claim form? If so then I think you will find you are liable for 50% of the money owed but no more then that

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Joint claim = joint and severally liable for any monies over paid. Did you sign the joint claim form? If so then I think you will find you are liable for 50% of the money owed but no more then that

that is the annoying thing in that i was told by the tax people that i had to sign a joint claim for her claim to be looked at

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Well yes you would have as you were married at the time so any claim would have to have been a joint one

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Hi Anubis,

 

Whenever any creditor has a chance to get money back from one party or another, they'll always go for the target that's most likely to get them what they want.

 

So, in your case, they're looking to you to repay the overpayment because that's the way they'll recoup the overpayment most quickly.

 

Have they supplied you with full details of how and why the overpayment arose. I'm sure they can't demand payment without explaining how it arose. That would be letting them have their cake and eat it !

 

Have you discussed this at all with the sol'r who was involved in the separation.

 

:-)


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