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    • 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.    
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
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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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      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!
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Hi Guys, hope you can shed some light on my options. I've hit a dead end with the credit card company

 

 

I booked a cruise in feb 14 on the phone. a major reason why I chose that particular cruise liner was due to the facilities they provide for children. I went at great length with the booking person on what they provide and whether my child would be accepted. I knew that the policy of the cruise liner was that the child must be 3 and my child was going to be 3 weeks shy of the 3rd b'day. the booking person exact words were 'the policy is from 3 but given that she is potty trained and that she is so close to her 3rd birthday you should speak to the staff on board' As I know how americans (this was an American ship) are 'computer says no sort of people' I asked what would happen if my child is not accepted to the kids club and the booking person responded 'you will have to be present with your child '.

 

 

this was not a problem for me as I had experienced another liner where the policy was 2 years and we simply had to be in the kids club whilst our child was entertained by the staff with the other children.

 

 

within an hour of going on board and having visited the kids club it transpired that not only was our child not going to be accepted in the kids club but that our only 'option' was to stay in a separate room (away from the kids club) which is apparently designated for under 3's with staff not even allowed to enter that particular room!

 

 

now, for those of you who think this is trivial, all the family was honestly looking forward to this cruise so that we can have a break from our child who, whilst lovely requires constant interaction and loves to interact with children CONSTANTLY. we really felt that this well earned holiday was completely ruined particularly when our daughter was constantly telling us 'lets go to the kids club' and we had to constantly tell her that it is closed.

 

 

anyway, to cut a long story short we made a very strong complaint on board that very day and it took 4 days of arguing with them to finally get them to put in writing that there is no way she is going to be accepted based on their policy and that 'you were misinformed by your estate agent.'

 

 

on my return I immediately put a formal complaint and the rep I spoke to (on booking) tried phoned to attempt to sweet talk me. I was having none of it and requested she puts everything in writing and explain why she told me one thing which transpired to be completely false. She told me that she will look into it and I even have a few e mails going to & fro to tell me that she's taking care of it and will get back to me (their policy 28 days). I waited patiently for them to reply to no avail. when I was (after about 1 month) that they were not going to address my complaint I made a section 75 claim with the credit card company.

 

 

MBNA took it 'seriously' and spent 3 months investigating it (in that time they froze the interest on the balance) and giving me a call periodically telling me that they are still looking into it as the cruise company did not provide them with the required information.

 

 

finally this week I received a letter from mbna stating that they have investigate the matter and ruled against a refund after the cruise company informed them that they had heard back my conversation at time of booking and that the cruise company are satisfied that the rep had informed me correctly about the facilities provided for children and that they are not willing to accept liability.

 

 

Now I am quite lost as to my next step! It would definitely help receiving a copy of the recordings but I need to get this money back quick (£4.5K) and I can already see this taking for ever to get a resolution. I'm happy to go to court but should it be against mbna, or mbna & cruise company? and I would need to proof what was said in the conversation?!

 

 

your informed insight and various opinions would be greatly appreciated. I hate it when big companies play games with people who save hard to spend their hard earned money!!!

 

 

thanks in advance

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Hi Welcome to CAG,

 

 

I find it hard to see that this is a "section 75" matter.

 

 

If you take any action it would I think have to be against the cruise company/travel agent.

 

 

You and the family have had the holiday, so why are you seeking the refund of £4.5K, you may get a small " gesture of goodwill"

 

 

in regard to the lack of access to the "kids club" but I find it hard to see why you would be offered a full refund.

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Hi

As I know how americans (this was an American ship) are 'computer says no sort of people' I asked what would happen if my child is not accepted to the kids club and the booking person responded 'you will have to be present with your child '.

 

If that statement was in writing then you 'may' have had a (very small) case but if (as I suspect) this information was told to you verbally then I can't see any way out of this.

 

You knew the kids club was for over 3s and your daughter was not going to reach that age on the ship so you took the chance. Just because a different liner had a different policy makes no difference in this case. There are very good reasons for these rules as if they did 'turn a blind eye' on this occasion and something happened, the crew of the ship become liable and not the insurers

 

If you choose to pursue this, I feel you will be on the losing side. Sorry if that is not what you want to hear but it is my opinion and you are more than welcome to get other opinions.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I agree that a full refund will be stretching it however I made it very clear at time of booking that our main reason for booking the holiday was the kids facilities and the fact that we did not have any such facilities spoilt our holiday to a very big extent. had we known that we will not have any kids facilities we would have booked something different and definitely not spent 4.5K (2.5K of that was because we had a child) as we could have easily gone for a cheaper room category or arranged to get 2 rooms (4 pax) which would still have worked out cheaper than the 4.5K we paid.

 

 

as an outsider (without experience of our daughter) this may sound really trivial but we needed the kids facilities to get a bit of a break

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to silverfox, I agree that not having anything in writing is bad and I get it that you would think this is a small/trivial matter. however I know what was discussed over the phone with the rep as I made it a condition of going ahead that there are kids facilities available and that under 3's could still enjoy the kids facilities by having 1 parent present which was definitely not the case here. before we book a holiday we research the destination and the kids facilities thoroughly and hence why we feel so betrayed as we were expecting one thing and found completely another.

 

 

do you have any idea how I can compel them to disclose the recording? I am very inclined to go ahead with this (even if there is only a small chance) as I am very clear in what I questioned the rep about and what answers I got which were completely different in reality. this is like going for a 5 star hotel and finding that you ended up in a £20/night bb.

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You could consider sending the cruise company a SAR request, they have 40 days to respond, it will cost £10. See what they send you. State that you want telephone logs etc. See if you can move it forward from there.

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hi rebel, thanks for that. is there anything u would suggest I do with the credit card company? i know what there is on the recording which will prove me right. can i take mbna to small claims. by the time this will be heard (8 months down my way) i will have got hold of recordings (hopefully) and I'm pretty sure the cruise company would make an offer if they realize I'm proceeding with this

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You need to get the evidence before you do anything else.

 

hi rebel, thanks for that. is there anything u would suggest I do with the credit card company? i know what there is on the recording which will prove me right. can i take mbna to small claims. by the time this will be heard (8 months down my way) i will have got hold of recordings (hopefully) and I'm pretty sure the cruise company would make an offer if they realize I'm proceeding with this
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that will postpone this matter another 2 months?! and its been going on already for 4?! grrrr

I think you might "possibly " get a gesture of a couple of hundred pounds, but I cannot see how there is any claim for more.

 

 

If parents do not want to be "troubled by their children " perhaps a different type of holiday would have been better.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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that's exactly it, we wanted to be 'not troubled by our child' during the hours of 9am - 1pm & from 2.30pm to 5.30pm where we anticipated she will be at the kids club hence why we chose that particular holiday!!!

 

 

as we both work from home and our child only went to nursery 3 days a week I think we deserved to have a bit of a break!?

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