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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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mashmallow

Pay Pal delay in refunding

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Wonder if anyone can provide advice on this issue with paypal. Bought some goods of a web site, good were wrong contacted the compamy and was told to send back which I did. Got an -mail message from paypal stating that a refund was made by the said company and pending 2/1/13. Up to now no refund has been refunded. The goos were paid via my Nat West Debit card. The refund was made by the provider on the 22/12/12 and now it is the 4th Jan. What can I do about this any input would be greatly appreciated.

 

Regards,

 

 

Mashmallow

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hi, normally takes three to five days for paypal to credit your paypal account with the refund, then you can transfer the funds to your bank account.

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Thanks for your reply, I don't know what has happened the man said he refunded it on the 22nd and now 5th Jan 2013 no refund nowhere? Cannot even contact them as it will cost money.

 

really don't know what to do.

 

Thanks

 

 

Mashmallow

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waht does it say on your paypal account with regards this, does just say pending?

you may have to contact paypal and ask them why after this length of time. They are good at hanging onto other peoples money.

you can contact them by email, from their site.

Edited by raydetinu

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The paypal refund is coming from 1 of 3 sources, money held by paypal, a charge card or a bank account.

 

If the refund comes from a bank account it can take up to 2 weeks to clear.

 

This is because the request for the payment has to go through 2 banks and paypal and then back again.

 

It is a bit like writing a cheque which is then cashed,

the refund requested made by cheque and then banked and cashed.

 

they all take a bit of time and it adds up to a long time.

 

your original payment may have not cleared when the refund was made so that would add a week to start with.

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not always, most pp account holders have a dd set for pp to draw from! which takes a few days, but PP hold on to it before crediting?

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