Jump to content


  • Tweets

  • Posts

    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 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?)
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1732 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

I have various debts that are being handled by agencies.

 

I have a limited company that I stupidly set up a bank account for with Natwest.

I say stupidly because they held my personal account too.

 

I had an instance of fraud on my company website and had to refund a customer £160.

This came at a precarious time in terms of cash flow.

 

As a result the account was thrown into debt.

 

Natwest decided to close both my personal and my business accounts at the same time because of it.

 

I also owe worldpay who were my gateway service providers for my website.

 

I have a personal debt with Very due to defaulting on the buy now pay later scheme as I found myself unemployed.

 

As it stands I have had many letters from many CCA's.

 

It appears that the debt is being moved around a lot.

Natwest and Worldpay are both being held by Moorcroft.

Very is with NDR.

 

I did get a call this morning from someone saying they are "Allied International" and then asking me to supply details for data protection.

 

As I had no idea who they were I refused to give them any information.

 

The woman said she couldn't tell me anything without my information.

 

In the end she hung up.

I understand now that they are AIC.

I'm not sure which debt they now hold.

 

I would really like advice on how to get started with sorting this whole mess out.

 

Thanks in advance for your help.

Share this post


Link to post
Share on other sites

hi AA

 

welcome aboard.

 

firstly

 

it might well be an idea to get your CRA file

 

see below noddle is free

 

that will tell you what sebts you have and who owns them.

 

just remember that you are under NO legal obl to discuss your debts on the phone

 

and

 

99% of the time - a DCA is toothless and can do NOWT bar threaten.

 

they are NOT bailiffs and have no such legal powers.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi DX thanks for your reply.

I'm going to have to wait for that at the moment.

The natwest account was my only account so I don't have a card to ID with yet.

I've put in an application to open another account so hopefully I can do that in the next week.

(I was working abroad for a year and so used an account there instead).

 

Would you suggest that I just wait till I can get my CRA file?

These debts have been hanging over me since 2011 and I am due to start a new job in December so I want to make a fresh start.

 

Is there anything I can be doing in the meantime?

What should I look out for when I get my CRA file?

How long can I leave the CA's hanging before they take things further?

 

Sorry for all the questions, all this is like another language to me!

Thanks

Share this post


Link to post
Share on other sites

you need to make sure ALL your debts show on your CRA file

 

and whom owns the debt now.

 

it wont hurt to list your debts now though

 

might be candidates for reclaiming too.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Hi I have the full information now.

 

I have a 756.32 debt with Shop Direct (Very) held by capQuest. A lot of it will be charges.

 

I have 2045.22 with Natwest held by AIC

 

I have 164.31 with Worldpay held by Moorcroft.

 

What would you reccomend I do to start? I had agreements to pay 5 off each month with the previous holder of the Natwest debt. Apart from that there isn't anything else I'm doing. I just want to feel like I'm making some headway into resolving this.

 

Thanks in advance for all the help.

Share this post


Link to post
Share on other sites

Did you do as dx100uk suggested and get credit reports ? If so what shows and what is the status of each debt?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Hi yes i did. It shows that the debts are all in default and owned by the people that I mentioned.

Share this post


Link to post
Share on other sites

Ok when were the debts defaulted recently or sometime ago.?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

The Very one has a default date of 21/02/12. NatWest 31/10/2011.

Share this post


Link to post
Share on other sites

Did you receive default notices ?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

I got letters from Very's Arrears Collection Department telling me the account is in Arrears.

Then I got a letter from them in December 2011 titled "notice of default sums under the consumer credit act 1974".

This stated that they had charged me 24.00.

 

From Natwest I have a letter dayed 06/07/2011 giving me 28 days notice to pay before they give information about my indebtedness to CRA's.

On the next pahe it says notice served under sections 76(1) and 98(1) of the consumer credit act 1974.

 

Are these the default notices?

 

Thanks so much for all your help I literally have no clue as what to do!

Share this post


Link to post
Share on other sites

Yes and the very account has an unreasonble charge of £24 on it, but that's for later.

CCA request to very to see if they have the agreement. £1 statutory fee payable they have 12 + 2 days to comply, use the template from the CAG library.

Send it to the Compliance Manager at Capquest.

 

What type of account is the NatWest one.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Ok thanks. I'll send that off tomorrow. The Natwest account was a graduate account.

 

I'll have to look for the default notice from Worldpay but I think they sent one. That is under the name of my limited company though. Is the process the same in terms of the CCA request?

 

Hi Brigadier

 

I've sent off my CCA request to CapQuest. I'll let you know what they say. What do you recommend for Natwest and WorldPay?

 

Thanks again.

Share this post


Link to post
Share on other sites

CCA requests to Moorcroft for those, best to send them in seperate envelopes


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Hi All

 

I'm resurrecting my old thread because this is still ongoing. Fortunately I am now in a position to pay everything off.

 

According to the letters I owe Capquest £756 and I owe Natwest £2,044. I've not heard from Natwest for a long time but a DCA contacted me last week about the Capquest charges. They are on my credit file as in default.

 

Whats the best course of action to take to minimise the long term effects on my credit file or is it too late?

 

Thanks

Share this post


Link to post
Share on other sites

Can you answer dx 100s questions in his last post please?

 

Are you planning to make offers in full and final payment on these debts.

 

If so any offer letter must be carefully worded and made on the understanding YOUR conditions are to be met before any payment is made.

 

It is likely (although you can try to make this a condition of the offer) that the entries will be completely removed from the files so the entry will be marked "settled" "partially settled " or satisfied. Settled is the best option, the entry however will remain for 6 years from the default date.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Thanks for the fast reply. I never requested my SAR but I will do tonight. Should I do so for both debts? I have all my statements for the Capquest debt so I can go through it and look for charges myself.

 

ETA: I would be willing to make a full and final settlement on both accounts (minus any charges).

Share this post


Link to post
Share on other sites

SAR is a good move, yes I would do both debts if possible.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Are you saying at this stage no matter what I do,

until i get to the end of the 6 yearslink3.gif I'm stuffed in terms of the damage done to my credit rating

and the view any lenders will give me in the future?

 

until the defaults reach 6yrs

and the whole account goes

 

you are stuffed yes,

 

wont matter if you pay it

full or part by F&F

you are stuffed.

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

the WHOLE ACCOUNT WILL VANISH, never to return.

.

however, this does not mean the debt itself is not still owed

consider a CCA request.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks. I have started a new thread as you suggested.

 

if I'm understanding correctly if I have the money now I may as well pay it off

 

that after the 6 years its done and dusted and they won't be contacting me anymore.

 

I'll have to pay it off at some stage so if I can afford to do it now I should,

but negotiate the lowest possible price.

Would that be a fair assessment?

Share this post


Link to post
Share on other sites

If you pay it off now yes they wil lleave you alone. But the damage is done to your credit file anyway.

 

INSTEAD

 

Put the money aside and reserve it for IF they take court action.

 

After 6 years as long as you do not acknowledge or pay anything it gets wiped and they cannot enforce in court. (5 in scotland)


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Share this post


Link to post
Share on other sites

I suppose I'm thinking that it's better to pay a reduced fee now than have to pay the full thing later on.

 

Although the ideal is paying zero at the end of the 6 years.

 

is there no truth to what I've read that other potential lenders like to see that I have taken responsibility for my debt?

Share this post


Link to post
Share on other sites

But surely Natwest should be seperating the business and personal accounts, as 2 different entities owe them money, unless you signed a PG for the business account(I havent seen mention of one)?

Share this post


Link to post
Share on other sites

Yes I did sign a personal guarantee. I have the option to wind down the business in which case they say they can't pursue the debt.

 

 

As it is the bulk of the debt is from the personal account anyway.

Share this post


Link to post
Share on other sites

Fair enough, I thought it best to check, as you had said the business was an Ltd.

 

 

I thought perhaps Natwest had lumped the business debt against your personal current account.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...