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    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. 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.   2.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if 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.   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.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

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hi can someone help me please i am due to pay my wonga loan of £430 tomorrow (10-02-2013) i have emailed wonga today to ask for a repayment plan and ask all interest and charges to be suspended, i have contatcted my bank to block the payments but they have said because its not a recuring payment on my account they cant block it and to ring back tomorrow to see if it comes up on my account as a recurring payment once wonga have attempted to take the money tomorrow. been in to branch today and the guy i spoke to has blocked my card so it no longer exists, he seems to think this will stop wonga from being able to take any payments from my account, is he correct?? or do they have another way of getting money from my account?? i have money due to be paid in on monday (working tax) im hoping i can get to it at midnight before wonga do. any help will be gratefully recieved, thank you

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ok i have spoke to someone at wonga today, filled in the online assesment and they have said online they will accept my repayment plan of £51 a month, i have also had a confirmation email from them outlining the amounts and payment dates of the repayment plan, so am i safe so to speak now a slong as i stick to the repayment dates??

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If that email details things as you want them and with no side clauses, then yes. If wonga breaks that plan, they would be in trouble. Just make sure you stick to your end of the deal.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Have a look at this and see if it helps. Wonga have stopped advertising the APR on their tv ads. I have complained to the Advertising Standards Authority and so should you just to make a point>>>>>

http://www.consumeractiongroup.co.uk/forum/showthread.php?382558-Wonga-advertising-issue-is-it-legal

 

 

the ASA link is here>>>http://www.asa.org.uk/

 

hope this helps you out.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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hi can someone help me please i am due to pay my wonga loan of £430 tomorrow (10-02-2013) i have emailed wonga today to ask for a repayment plan and ask all interest and charges to be suspended, i have contacted my bank to block the payments but they have said because its not a recurring payment on my account they can't block it and to ring back tomorrow to see if it comes up on my account as a recurring payment once wonga have attempted to take the money tomorrow. been in to branch today and the guy i spoke to has blocked my card so it no longer exists, he seems to think this will stop wonga from being able to take any payments from my account, is he correct?? or do they have another way of getting money from my account?? i have money due to be paid in on monday (working tax) im hoping i can get to it at midnight before wonga do. any help will be gratefully recieved, thank you

 

 

 

 

 

Re my last post. If you took out a WONGA loan after seeing their TV ad and committed to borrow without being aware of the APR of x% then you should fight this as it is not allowed to advertise without informing people of the Interest they will be expected to pay back.

 

Firstly complain to the Advertising Standards Agency as per my link in the last post. Then confront WONGA with the issue of their failure to notify the APR in their TV ads and tell them you will be writing to the ASA, and the Office of Fair Trading. Website link is here>>>http://www.oft.gov.uk/

 

WONGA will try and delay you for as long as possible in the hope they wll get you to carry on with a default and therefore increase the amount you owe them. They provide a repayment plan to keep the debt ongoing and therefore make it more difficult for you to pay it off. Then they will add more interest at an extortionate rate and so the wheel of debt is set in motion. WONGA loans are muppets just like the ads on TV. Let the people who run this scabby organisation show themselves and give an explanation.

 

I wish you well with your fight.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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