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    • 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?)
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marcus6

4 wks missed to BH - now demanding good backs - help

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Hi all,

 

I have been with BH for over 5 years, and last year i went on sick!! and

 

i have tryed my best to keep up with paying BH but from xmas till now i have not paid them as i just dont have the money to pay!

 

i have about 5 items and 3 of them items i have paid about 2 years off them so i only have a year to pay!

 

i got a call today to say they will have to pick some of the items up!!

 

but i said no i dont think so! as i have paid so much of them...

 

dont get me wrong i want to pay!

 

 

But im not sure how to go about this and thats why im here,

what should i do next!!

 

will BH take part payment on top of my weekly payment?

 

 

Help me please...

 

Thanks

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well they certainly CANNOT demand or take items back UNLESS

you give them too them, you have paid more than 1/3rd

 

so DONT put up with ANY bull about that

 

and the 'we'll get the police to do it rubbish too!

 

havev you their two USELESS insruances?

 

if so

 

get reclaiming

 

you DONT need them

 

they are NOT compulsory

regardless to 'their' rules.

 

as for the payments.

 

pay what you can when you fet.

 

you might find the reclaims KILL the balance anyhow.

 

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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Hi dx,

 

I only have 1 of the ins! now as i got the OSC taken of just before xmas

 

should i just go into them and pay what i can each week or will they not take the payment??

 

Thanks

 

Hi all,

 

I have been with BH for over 5 years, and last year i went on sick!! and

 

i have tryed my best to keep up with paying BH but from xmas till now i have not paid them as i just dont have the money to pay!

 

i have about 5 items and 3 of them items i have paid about 2 years off them so i only have a year to pay!

 

i got a call today to say they will have to pick some of the items up!!

 

but i said no i dont think so! as i have paid so much of them...

 

dont get me wrong i want to pay!

 

 

But im not sure how to go about this and thats why im here,

what should i do next!!

 

will BH take part payment on top of my weekly payment?

 

 

Help me please...

 

Thanks

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at the end of the day they can wave their arms around all they like

 

what you have not got you cannot pay

 

if you've been with them that long

 

its a bout time you dumped them!!

 

you've prob paid 3-5 times the market value of items anyhow!!

 

why not pay them by your internet bankingsite?

 

did you get that cancelled OSC back?

 

should have

 

why have you the other ins?

 

you DO NOT need house insurance you can still cancel it and get it back

 

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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Hi dx

 

It makes me sick when i think about the items i have had of BH over the years and how much i have paid!!

 

as to the OSC no i did not get it back! can i ? and could i get it back of of items i have paid for!! as i have 3 or 4 items that have been paid for over the years!! + the 3 iteams i have paid 2 years off

 

How do i go about geting the OSC back!!

 

Thanks

 

Hi dx,

 

I only have 1 of the ins! now as i got the OSC taken of just before xmas

 

should i just go into them and pay what i can each week or will they not take the payment??

 

Thanks

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I have just looked over 4 agreements 2 of them have been paid off and 2 i have still, over all i have paid £2,565 in OSC omg can i get this back??

 

Thanks

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YES!!

 

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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Hi dx

 

I have not looked yet but are there any templates on here! that i can use "ie" letters made up that i can use!

 

Thanks

 

I have just looked over 4 agreements 2 of them have been paid off and 2 i have still, over all i have paid £2,565 in OSC omg can i get this back??

 

Thanks

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fill this out

 

This first spreadsheet is the latest version of the statutory interestlink3.gif calculator and is used for Single Premium PPIlink3.gif cases. It can also be used where rollover PPI is involved, i.e. a new loan re-financing a previous one and where PPI is included in one or more loans.

 

StatIntSheet v101.xls

 

 

for EVERY payment made and its date

 

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 but i dont have xl

 

Hi dx

 

I have not looked yet but are there any templates on here! that i can use "ie" letters made up that i can use!

 

Thanks

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DX

 

The above link wont open for me!!!!

 

Is there another form like pdf!

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Do I address and send my reclaim to.... Head of Finance

 

 

Thank you :-)

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CEO IMHO!!

 

use open office

 

the spready works in that too and its free to download.

 

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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Hi dx

 

call me dumb if you like!!, but i have never done anything like this before, and im not sure what i should be puting and where i should be puting it! is there one done up as an Ex? to look at!,

 

 

 

fill this out

 

This first spreadsheet is the latest version of the statutory interestlink3.gif calculator and is used for Single Premium PPIlink3.gif cases. It can also be used where rollover PPI is involved, i.e. a new loan re-financing a previous one and where PPI is included in one or more loans.

 

StatIntSheet v101.xls

 

 

for EVERY payment made and its date

 

dx

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pretty obv really

 

you see 3 columns going across the page

named DATE of CHARGE......DESCRIPTION....Amount of charge

 

you paid OSC every week

 

take the DATE of 'a' payment [typically the very first one you ever paid]

 

click your mouse in B20 - enter it in the format of DD/MM/YYY then hit tab key

 

you are now in the description bit - type OSC hit tab key

 

you are now in the amount of charge - enter it first one done!!

 

now click your mouse in B21

 

same again

 

dx

 

 

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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Hi dx,

 

yea you may think so mate, but to someone that has never done this before its not!! and i dont want to go puting something in the wrong place and not get OSC back for doing so!

 

so there for i want to make sure i do it right, im sure you can understand that..

 

could you look over it once i have done it! just to make sure everything is in the right place!

 

Thanks

 

pretty obv really

 

you see 3 columns going across the page

named DATE of CHARGE......DESCRIPTION....Amount of charge

 

you paid OSC every week

 

take the DATE of 'a' payment [typically the very first one you ever paid]

 

click your mouse in B20 - enter it in the format of DD/MM/YYY then hit tab key

 

you are now in the description bit - type OSC hit tab key

 

you are now in the amount of charge - enter it first one done!!

 

now click your mouse in B21

 

same again

 

dx

 

 

dx

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hey we're not saying we wont check or help

 

post it up when ready.

 

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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Hi dx,

 

I know that mate, thats not what i was geting at, all you guys on here do a TOP job!

 

i just want to make sure i have done it right thats all,

 

yea i will post it up once done, but 1st i must send of SAR to get all the info! where do i send the SAR is the add on here anywhere?

 

Thanks

 

hey we're not saying we wont check or help

 

post it up when ready.

 

dx

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no bother we wont let you make a mistake

 

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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Hi dx

 

what add do i use for BH is it the 5 Hercules way in watford ??

 

is there a department!! i want it to go to? or should just put the BH add on it and thats all?

 

Thanks

Edited by marcus6

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lets check you claim first though

 

head off address

 

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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lets check you claim first though

 

head off address

 

dx

 

Hi dx

 

This is just for SAR! i need all the info before i can make a claim,,

 

any link to the BH head off address? or is that the one on there web site?

 

Thanks

 

P.S i have 5 Agreements new and old to get the OSC back on!!

 

 

I did not have house ins! at the time can i still get the DLC back or just the OSC

Edited by marcus6

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yes get both back + 8% int on every payment from its date

 

can i sugest you do some reading of the other like threads here

 

head office FAO: Data controller

 

you DO NOT NEED HOME INSURANCE

 

there are no rules that dictate stuff on HP must be covered by any ins

 

thats just THEIR unenforceable T&C's

 

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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Hi dx

 

I have been on here allday looking into this, and reading posts! i will be going down the road i was miss-sold it!

 

as at the time of takeing out my 1st item with BH i was told i had to have the OSC or i could not get the item!

 

just 5 mins ago i had BH nocking at my door, wants me to do a RW i dont think so....

 

Thanks

 

 

yes get both back + 8% int on every payment from its date

 

can i sugest you do some reading of the other like threads here

 

head office FAO: Data controller

 

you DO NOT NEED HOME INSURANCE

 

there are no rules that dictate stuff on HP must be covered by any ins

 

thats just THEIR unenforceable T&C's

 

dx

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