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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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match123

CSA Hell

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I need some advice asap i am currently in CSA arrears of over £600 maybe more as i have stoped paying it the reason for this is because they wanted £300 per month for the amount each week and arrears, i work full time and get a wage of £900 a month! £385 of this is my rent £125 is attachment to earnings from CT arrears and i have to live on the rest food and bills (which i was unable to pay paying CSA) i have a pregnant wife who can't work and she gets no help from benifits because of my wage.

 

We have been to CAB and they can't do anything just told us we have to pay even they know the hell the CSA put people through, i've tried talking to the CSA but they wont help they are not bothered about the parent who has to pay.

 

I am not refusing to pay CSA its just i can not afford the £300 they want i refuse to put my unborn baby in a life time of debt and Poverty because of it!!

 

If anyone can help that would be great

Thanks

Edited by match123

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Have you stopped paying the CSA full stop or are you still making your weekly payments minus the arrears?

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I have stopped paying the CSA full stop they wont except any lower payments.

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Well I would at the very least put the weekly amount in a seperate account because at the moment your arrears amount will just be going up and up.

 

Is your £900 per month wage before or after tax. Seems quite low income to me so if thats the only wage coming in I would look to see if you can claim any benefits

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Can't even do that, as the money i have left when i have paid all my bills is £80.00 and that £80.00 is spent on food we have to make it last a whole month.

 

Yeah £900 is after tax, i've tried to see if i can claim tax credits but was told by them my wage is to high to get any help.

 

Its all just one big mess!! like you said the arrears are going up and up i just can't find a way out.

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when the CSA calculates the amount you can afford living expenses are not factored in it. Unfortunately they will come after you, however when your wife gives birth that will be taken into account and should reduce your payments

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