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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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Hi, I had arranged a repayment plan with WDA. However, I was paid late and missed the deadline.

 

I contacted them telling them this and that I fully intend to make the next payment as planned and carry on with the plan.

 

They sent me a statement and they had in the meantime added £300 to my account!

 

I replied saying I will now not continue with the plan until the balance is reverted to what we agreed in the payment plan!

 

They didn't reply. And today is payday and they have somehow without my knowledge or agreement have set up a direct debit and taken money out of my account - for the agreed sum, but I don't want to pay them anything until I can confirm that the balance is what it was originally!

 

Is it too late to get this payment reversed back into my account?

 

What should I do next?

 

WDA aren't responding.

 

I had 2 months ago banned them from taking money out of my account with my bank but obviously this must have expired!

 

Any help would be great]

 

Thanks

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Call your bank and do a direct debit reversal. Under the direct debit guarantee.

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Also, ignore the £300. Its an unenforceable charge. As for expiry on telling them they cant debit... thats the first ive ever heard of it. It lasts until you tell them they can.


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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Thanks.

 

Do I call the fraud department?

 

Or should I call the visa card department? (The one I called to block them in the first instance)

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Just contact your bank and invoke the DD guarantee as the DD was TOTALLY set up without your knowledge or authorisation. You could get teh fraud department involved as well.


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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Thanks man, I might just go inside the bank tomorrow rather than on the phone.

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Make sure to speak to the manager and not the desk rep. get everything confirmed in writing before you leave.


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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Will do.

 

How do I proceed with WDA? I wanted to make the payment today anyway. But only paying against the total sum I actually owed not with the £300 added!

 

And we also agreed I paid by standing order not just robbing my account.

 

How can I get this sorted?

 

do I just pay them? or do I need written confirmation that this extra £300 isn't going to charged permanently to me?

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You stick with what you are already doing. Get the money refunded, ignore the bogus charges, and when the money is back in your account, get a full complaint going.


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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A complaint to them or the omburdsmen?

 

And how to continue actually repaying the debt once the money is refunded?

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Complaint to the lender. Ombudsman wont get involved until the lender issues a final response. They also shouldnt sell it on while a dispute is ongoing. If they do, you can get it sent straight back.


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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Thanks man.

 

How should I phrase the letter?

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Just state clearly what they have done wrong, why you are maing the complaint and what they can do to rectify/resolve the complaint. keep it short and simple. There are no templates as each complaint is unique. If you need help, post up a version of your letter and we can help with it.


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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