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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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seadog01

Money taken by PDL from partners A/C Natwest REFUSE to refund **REFUNDED**

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Can someone help with this

 

Today cash genie took out £170 from my partners bank account for an unpaid loan last year.

 

 

The money was actually mine and was two weeks benefit money that I had asked the dwp put into her account as I do not have one

and they will no longer pay by Giro Cheque.

 

Natwest bank won't act and the loan company will not reply to my E-mails.

 

Where legally do I stand ?.

 

Thank you

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They actually took over two hundred pounds without warning in 3 blocks.

 

 

and got her card details as she applied for a loan with another company last week.

 

 

can I see a solicitor and charge them for said solicitor plus apr etc?.

 

 

They used her Visa Debit card the loan was in her name.

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I sent C G this E-Mail today they will not answer nor will they answer the Complaints line

Dear Sir/Madam

 

Today 21/11/13 you took £170.00 of my cash from my partners bank account

This money is benefit money I had paid in as I do not have my own account.

I can and will prove this fact.

That is by law the minimum the government allows for me to live off

I Insist you return said monies today.Take Notice legally as I can prove the money was taken unlawfully I will be charging you £100 Per hour for my time and an APR yet to be determined.

Plus any legal costs incurred to retrieve this sum.If I have to seek a solicitor tomorrow.

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I have merged your three threads here. Please keep to this one thread for this issue.

 

The guys will be along to help as soon as they are available.


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Tell your bank to do an immediate chargback for an unauthorised transaction. Ignore the front line phone reps. Speak to a senior manager.


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

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renegadeimp

It was not my Bank and even the fraud Department at NatWest were unwilling to help sort it out.

 

 

I am not up to speed on these matters but I deem this transaction as unlawful

 

I did send CG this E-mail but never received a reply.

 

Dear Sir/Madam

 

Today 21/11/13 you took £170.00 of my cash from my partners bank account

This money is benefit money I had paid in as I do not have my own account.

I can and will prove this fact.

That is by law the minimum the government allows for me to live off

I Insist you return said monies today.Take Notice legally as I can prove the money was taken unlawfully I will be charging you £100 Per hour for my time and an APR yet to be determined.

Plus any legal costs incurred to retrieve this sum.If I have to seek a solicitor tomorrow.

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The transaction was unlawful and unauthorised. Thats why CG took the amount in multiple amounts.

 

You wont get a reply from CG as they took it unlawfully. As i said, your bank is wrong and you need to be firm with them. You wont get £100 per hour either from them as costs/compensation. The most you will get is the current LiP rate, and maybe a few admin costs.

 

Also, how did they get your partners account details for YOUR loan?


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

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Hi

It was not my loan it was not in my name .

 

 

It was a loan my partner took out in 2012.

 

 

I was Unaware of Said loan...

 

 

. It also transpires they (C.G) have been trying to do just this for some time and prompted temporary freezes on my Partners account.

 

Nat West failed to contact my partner to let her know that this was going on ..

... Naughty or Complacent I don't care

 

 

I personally have called NatWest half an hour ago to get the transaction frozen until the morning but Khofi In India is unable to do that.

 

So how much can I charge them bearing in mind I am suffering sever Depression and under the GP for this...:sad:

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You can only charge them any loss you have incurred as a result of their actions.

 

 

You cannot make up any figure and then add interest to it.

 

I suspect that they took the money in 3 tranches because they wanted to make sure that the amount they claimed would be paid.

 

 

I note that GM have tried to take money before so I daresay that GM would have asked for a fourth time for their money

 

 

.If they didn't it would leave one to suspect that GM knew how much money was in the account................................

 

In addition, it might be difficult to arrange a cancellation of those transactions because the money was owed by your GF and it was in her account.

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I am phoning the DWP tomorrow UK Law states that's the minimum I can be paid to live off also I believe money within a Bank legally belongs to the Bank its in until withdrawn Is this correct?. C.G Have apparently been trying for many months to take money but my partner had stopped the card, She applied for another loan with her new details , Hence CG obtaining them leading to the events that I have outlined

I will update further after I make a few telephone calls tomorrow I am lets say a wee bit naffed off ATM....:-x

 

Thanks for all the advice given thus far I appreciate the help.

Edited by seadog01

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sorry that all wrong

 

 

you MUST phone the bank and get a chargeback done on the first transaction

 

 

then ask for the CPA to be cancelle on the others.

 

 

this is the LAW NatWest CANNOT refuse it.

 

 

it was NOT your loan matters not where the money went

they have NO RIGHT TO THIS + 12mts later.

 

 

get action fraud involved too.

 

 

PHONE NATWEST NOW AND DEMAND A CHARGEBACK AND CPA..


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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

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Who was the company your partner applied to for a loan last week - I am interested to know how Cash Genie got the bank details from a different company??


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The other company are Bonga Loans.... but on investigation Cash Genie have 9 other companies . I may be able to get the monies back according to the FSA it will take 8 weeks or more. NatWest will not discuss it with me I told them I am logging complaints against both them and CG.

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Natwest are wrong. Time for a full complaint. Perhaps use bcobs


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

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If Bonga Loans don't mention on their website that they are part of Cash Genie - report them to the OFT. You should easily be able to see that they are affiliated. These sub companies are usually set up by the main lender in order to trap people who owe them money into applying for a loan with the smaller company so they can then get new bank or card details to recoup the old loan. It's despicable, but then that's the filthy industry of payday loans :(


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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you really need to nail NatWest on this issue.

 

 

ask them the direct question..

 

 

were these payments taken under a cpa?

 

 

if they were , THEY MUST refund you

 

 

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

 

 

see the new june 2013 instructions to banks

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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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

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Thanks for all the information I will update on Monday with a progress report :|

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Thank You all for your advice

 

Today NatWest are refunding all monies to clear in the account by 18.00 and issuing a chargeback to recover the sums from Cash Genie.:whoo:

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That is good news. It is about time that the banks are at long last getting the message. Well done for your perseverance-I'm sure it wasn't easy to get them to change.

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Actually it was fairly easy apart from having to study their own T&C's and threaten to take it further. Once I found out the I had a case from you guys and elsewhere and what course of action to take. It took less than five minutes on the phone.Oh I got interest and expenses back too lol. :-D

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then it might be an idea to expand on how you did it for others?

 

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

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Ok

 

Firstly I researched NatWests T&C's that state A CPA can be stopped.

 

Which they failed to inform my partner.

 

I then told them to issue a chargeback as the transaction was unlawful for several reasons as outlined above.

 

I mentioned my displeasure that even though CG had attempted this many times activating Natwests own anti fraud software

nobody had the decency to inform my partner what was going on.

 

And I also let them know I would have gone to the ombudsman and beyond over the issue.

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good point, never used that , the anti fraud software

 

gonna include that in the advise.

 

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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