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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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bigjohnk

Cap 1 hassles

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Ok here's the situation, about 2 months ago I finally paid the balance off on my Cap 1 card (sent a cheque 10 days before the due date to the value of the balance of that months statement)

 

I didn't hear anything for 2 months when I received a statement claiming I still own money on the account. I replied explaining the situation & that as far as I am concerned the account is paid off & I want the account closing.

 

I've now had another letter saying they can't close the account as there is still an outstanding balance & it has to be paid by the 30th of November.

 

What do I do?

 

Pay up & forget about it, ignore them & run the risk of them sticking a load of charges on the account or send the letter I have just drafted which reiterates the contents of my original letter & advises them that any further demands for money will be considered harassment & treated as such.


RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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what does your online statement say?

 

what does the cra file say?

 

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

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Never accessed it online as you have to give phone contact & I got sick of them phoning at all times of the day & night so I changed my number & refuse to let them have it.

 

How do I access CRA file?


RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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in my sig

 

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 

 

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Thanks, just signed up, waiting for pin code!


RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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I've now had a look at my CRA file the statement balance for Sept is correct & is the balance I paid off, the balance for October shows as being the original plus interest & I'm assuming a late payment fee even though the cheque was sent well before the due date.

 

The puzzling thing is the status history for September & October are shown as being OK, so if I missed or had a late payment surely it would be shown as being in arrears?


RBOS - Settled in Full

MBNA - S.A.R - (Subject Access Request) Sent, Data received, offer rejected, LBA sent, another offer made & rejected.Settled

CAP 1 - SAR Sent, Data received, offer rejected, LBA sent. Due to illness no further progress

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might not been updated yet?

 

somethings amiss for sure

 

if its a PENALTY fee

 

as with everyone of those

 

get reclaiming !!

 

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 

 

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