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    • Sorry to hear about the "playground insults".    The fact you didn't write "without prejudice" means the letter could be produced in court, not that the PPCs ever seem to do so.  Well, so what?  Minister Baywatch HAVE made up fictitious charges.  Courts HAVE told the PPCs off for this numerous times.  DDJ Harvey DID go ballistic about this.  I don't' see what's wrong in refuting a claim and referring to a persuasive court case to back up your position. 
    • Thanks Dx. I have tidied the defence up with your suggestions amended. Does it look right now? Thanks!   1.    Monies due under current account facility xxxxxxxxxxxx. The claimants claim is for the balance outstanding under the facility provided by Halifax to the defendant. It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand.   2.    The defendant has failed to repay the amount due following the service of a demand.   3.    The debt was assigned to the claimant.   4.    The claimant therefore claims 1. 5k 2. costs   Defence   1. The Defendant contends that the particulars of 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 Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.    3. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.   4. Paragraph 1, Whilst I accept that I have in the past held a current account with Halifax Bank Plc. I have not serviced this account since 08/07/2016 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Halifax Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.    5. Paragraph 2 is denied as the original creditor has failed to serve a Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and the Claimant is put to strict proof to evidence any breach.    6. Paragraph 2 is further denied as i am unaware of Halifax Bank ever providing me with a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and Notice of Assignment.   7. Paragraph 3 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of 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 credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   8. Paragraph 4 is denied. 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 Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   9. As per Civil Procedure icon 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, which this claim is based on. b. Provide a breakdown of their excessive charging/fees levied to the account with justification. c. 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. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   e. Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.   10. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the *******. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.     11. 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.    
    • MPs are pushing authorities to respond to allegations of potential fraud at certain banks, whereby it’s claimed home repossession documents weren’t actually signed by the authorised signatory View the full article
    • Thanks Dx. Amended defence set out below. Does it look right now?   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of 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 Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) 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.     3. Paragraph 1 is denied. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement.     5. Paragraph 3 is denied. It is denied that Cabot Financial served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.   6. Paragraph 4 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.     7. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. 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 82 A of the Consumer Credit Act 1974     11. 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.  
    • I'm generally convinced that there is at least 2 users on MSE that's in my thread that has friends or family or even themselves that have similar line of work to MB or Gladstone.   I don't mind different opinions but they're just throwing out playground insults to me for using that letter saying I'm stupid, prat, idiot etc etc for doing it and not including in the letter without prejudice so it can't be used against me in court. I think I'll leave MSE and just stick with CAG and in this case.    
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Lowell/Bryan Carter :claim form for old o2 mobile debt


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hi there

need some help with the above after receiving CCJ and letter from Bryan Carter on return from holiday :mad2:

 

the letter and CCj were dated 04/10/13 so am assuming they arrived on or around 08/10/13 as second class.

 

we have no knowledge of the alleged amount which is with regard to an O2 account.

 

the last mobile account my wife had on contract was finished some 4 years ago.

 

having researched on here i found alink with regard to responding back to Bryan Carter

with regard to CPR 31.14 request.

 

I have constructed the letter having adapted accordingly

but need assistance as to what to with regard to the CCJ element of responding.

 

there is an online facility on the form.

 

can someone kindly assist me with what i need to do right now with regards to timelines /deadlines

as do not want to forfeit the CCJ being imposed.

 

regards

 

mark

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Hi Mark

 

Its a summons (N1) you have received not a CCJ ...along with 1000s of others (100s here on CAG) for delinquent debts Lowell have purchased.

 

Would the particulars of claim read like this by any chance? :-

 

This Claim is for xxxxx the amount due under an agreement between original creditor and the defendant to provide finance and/or services and/or goods.

The debt was assigned to/purchased by Lowell Portfolia Limited on xxxxxx and noticed served pursuant to the law of property act 1925

Particulars

Re xxxxxxxA/C No *******

And the claimant claims xxxxxxx The claimant also claims interest pursuant to s69 county courticon act 1984 from xxxxxx to date at 8% per annum amounting to xxxxxx

 

You have 33 days in total (5 deemed served)so 28...14 days to acknowledge service and if defending a further 14 days to submit your defence.

 

Send your CPR 31.14 for :-

 

Agreement

Notice of Assignment

Statement of account to quantify the amount claimed.

 

Follow your time line its important to acknowledge by the date stated.

 

Regards

 

Andy

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So you haven't received a CCJ, you have received a claim form.

 

You have a strict time line to adhere to as follows.

 

Date of issue = 4/10...add 5 for service = 9th. Then add 14 to acknowledge = 23rd and then another 14 to file a defence ( if that is what you want to do) which takes you to 6th November.

 

Can you type up the Particulars of Claim verbatim please but leaving out any personal identifiers and round the figures to something different to the actual ones.

 

This will help the legal guys when they get here.

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Ooops.....I see they are already here :lol:

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

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Read Here

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Read Here

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Read Here

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Read Here

 

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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Already drafting the defence ims21 ........:lol:

We could do with some help from you.

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Yep you are waaaaaaay ahead of me andy :lol:

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

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Read Here

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Read Here

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Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

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ok thanks

the claim is as follows;

 

this claim is for 170 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

this debt was assigned to /purchased by lowell portfolio 1 ltd.

on 31/10/2011 and notice served pursuant to the law of property act 1925,

particulars

re o2 (uk) ltd

a/c 1010024940

and the claimant claims 170.00

 

the claimant also claims interest pursuant to s69 county court act 1984 from 31/10/2011 to date at 8% per annum amounting to 26.22

 

amount claimed 196.22

court fee 15.00

solicitor costs 50.00

total amount 261.22

 

i have altered the exact amounts that are applicable and have now registered online with MCOL

can you kindly confirm when i should consider responding online to mcol?

i have drafted a letter to send recorded delivery as per a link i found to a similar case online here as mentioned previously

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Post 2/3 already explains the time line to follow

We could do with some help from you.

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It was a bit of banter between Site Team mark but yes I will assist you with any defence.

 

Regards

 

Andy

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Issue date is the 4th of October so the 23rd is the deadline to AoS.

We could do with some help from you.

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hi andy

just tried to do the aos online.their website is not working correctly!! they suggested that i complete the manual form/ scan and email to them.i have looked at this and have a question.do i have to put our address in the documents to sent to box? i assume that i tick intend to defend box (1)? then assume wife signs the form??

 

cheers mark

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hi andy

just tried to do the aos online.their website is not working correctly!! they suggested that i complete the manual form/ scan and email to them.i have looked at this and have a question.do i have to put our address in the documents to sent to box? i assume that i tick intend to defend box (1)? then assume wife signs the form??

 

cheers mark

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Take a read here mark I assume you have registered to use MCOL? Yes you defend all.

 

Do I have to use MCOL to file my response or are there any other ways I can do this?

 

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

 

 

http://www.justice.gov.uk/courts/northampton-bulk-centre/money-claim-online/frequently-asked-questions

 

Regards

 

Andy

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thanks andy

have done this today as above.

i have received a letter today with the following content.

 

Dear Mrs XXXX

LOWELL PORTFOLIO 1 LTD v XXXXXX

CLAIM NO: XXXXX

UTSTANDING BALANC~ £XXXX

We write further to your letter dated 14 October 2013 requesting disclosure under Part 31 of the

Civil Procedure Rules and request for an extension.

We confirm the claim form was issued by the Northampton County Court Bulk Centre and the

Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice

Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars

of Claim when they are issued by this Court.

We confirm that the Claim will most properly be allocated to the Small Claims Track as this is a

simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. We

confirm that we have nevertheless requested documentation from our client and hope to revert to

you shortly, although this will not be within seven days.

It is the original creditor's policy to issue any agreements on or around the date of the contract

and statements throughout the duration of the agreement and, in this regard, we ask you to refer to

your own records.

We confirm we are agreeable to an extension of 14 days to allow you more time to prepare and

file your defence.

Please note that we have not yet been informed that you have filed the acknowledgement of

service. As you will be aware a Claim was issued in this matter on 3 October 2013. Please

respond to the Claim using the Response Pack provided by the Court. You should comply with

the deadlines outlined by the Court in order to avoid a Default Judgment being entered against

you.

We recommend you seek independent legal advice

Yours sincerely

BRYAN CARTER

 

can you now advise the next step please

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thanks andy have done this today as above. Excellent

 

 

i have received a letter today with the following content. Ah Uncle Brian standard templated response to a CPR 31.14 request

 

Dear Mrs XXXX

LOWELL PORTFOLIO 1 LTD v XXXXXX

CLAIM NO: XXXXX

UTSTANDING BALANC~ £XXXX

 

We write further to your letter dated 14 October 2013 requesting disclosure under Part 31 of the

Civil Procedure Rules and request for an extension.

We confirm the claim form was issued by the Northampton County Court Bulk Centre and the

Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice

Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars

of Claim when they are issued by this Court. No one has questioned that

 

We confirm that the Claim will most properly be allocated to the Small Claims Track as this is a

simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. But not allocated yet so CPR 31.14 does apply

 

We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days. So why bother stating the above?

 

It is the original creditor's policy to issue any agreements on or around the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to

your own records. But we are asking again for them because the cat ate them and your claim relies upon them so you will need them also

 

We confirm we are agreeable to an extension of 14 days to allow you more time to prepare and file your defence. CPR 15.5 is 28 days not an extra 14 so ring him back and tell him you want conformation of 28

 

Please note that we have not yet been informed that you have filed the acknowledgement of service.Check your MCOL screen As you will be aware a Claim was issued in this matter on 3 October 2013. Please

respond to the Claim using the Response Pack provided by the Court.No thanks would rather use MCOL You should comply with the deadlines outlined by the Court in order to avoid a Default Judgment being entered against

you.We will we assure you

 

We recommend you seek independent legal advice. Not as much as you need to:madgrin:

Yours sincerely

BRYAN CARTER

 

can you now advise the next step please

 

See above

 

Regards

 

Andy

We could do with some help from you.

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thanks andy

still had trouble logging in so sent the form via email.

got a response from them saying had received.i have forwarded this to bran carter so they the AOS has been done.

i will email them and ask for the 28 days you have mentioned.i have not rung them as prefer to avoid confrontational calls :)

what is the next step from here with regards to any further communication or defence?

 

regards

 

mark

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Only 2 main points at the moment either secure the new date for the defence or submit to the original one...nothing else matters at this stage.

 

Andy

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Should be 4/5 Nov add 33 days to the date on the claim form

We could do with some help from you.

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hi andy

please note the latest letter received today after i had emailed them.

 

LOWELL PORTFOLIO 1 LIMITED v HARLAND

CLAIM NO: 3QV18412

OUTSTANDING BALANCE: £

We write further to your recent communication the content of which has been noted.

We confirm that the Claim was issued on 3 October 2013. You have filed an Acknowledgement

of Service which provides you with an additional 14 days to file your defence, being 6 November

2013.

Please note that Part 15.5 of the Civil Procedure Rules allows us to offer you up to an additional

28 days to file your Defence. You are not entitled to an additional 28 days under Part 15.5, we

have agreed to an additional 14 days for you to file and prepare your Defence, being 20

November 2013.

If you are not in a position to file and prepare your Defence by that date then you must contact us.

We recommend you seek independent legal advice.

Yours sincerely

BRYAN CARTER

Manage uour

 

cant spell manager!!

 

where do we go from here now please

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Submit a defence on the 20th then

We could do with some help from you.

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