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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Craigbadger

Cabot/Weightmans Claimform - Old Lloyds credit card***Claim Discontinued***

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Tell them the £150 offer will reduce weekly until their acceptance, in direct proportion to interest charges currently in use on their overdraft accounts :D


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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IMO the only amount you legally need pay them is the arrears, as they have unlawfully rescinded the agreement, the DN is faulty, and as they have now terminated the agreement, accept their unlawful repudiation and pay them the arrears, ta very much...:D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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What is the difference between what you were prepared to offer and how much they were claiming on their default notice, as BB says you need only offer the arrears if the default notice is definitely faulty.

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The arrears on the default were £79, on the termination £121.

 

I'm pretty much sure its short. Apparently this S service is a business wholesale service, royal mail say that the company would do all there own work then royal mail would deliver within 5 working days.

I'm going to contact Royal Mail Wholesale see what they say.

 

 

 

http://www.google.co.uk/url?q=http://www.royalmailwholesale.com/dsa_docs/Advertising_Mail/User_Guide_Appendix_M_100406.pdf&sa=X&ei=XKRFTL-CG5y60gSZpZy_BA&ved=0CBoQzgQoATAA&usg=AFQjCNGaPAqGMh0TP-7QBGTJk7PCttZLdA

Edited by Craigbadger

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Personally I don't think you have anything to loose now and I would tackle this from another angle.

 

Point out to them that the postal service they use does not allow the requisite 14 clear days notice as you didn't receive the default notice until xxx. Point out that this is unlawful recission and the fact that they have now confirmed that they have terminated the agreement with an amount of £xxx owing this is what you will pay. If they wish to take the matter to court for the remaining then they should do so.

 

Tell them that you will be settling the account on xxxx.

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The repudiatory breach of agreement occurred when they terminated the agreement without a compliant Default Notice, and you have elected to accept their repudiation with the effect that the agreement no longer endures. Your only remaining obligation is therefore the genuine arrears due prior to termination.

 

Remember too that without a compliant DN they have no right of Court action.

However it's not a get out of jail free card...Convincing a Court that the DN is non compliant is another matter with some judges completely ignoring Statutes in favour of the banks.

But we have to keep educating the judges on this and appeal where necessary.

 

Elsa x

Edited by Undercover-Elsa
clarity

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Thanks again.

I'm going to just get written confirmation from Royal mail of what this actual delivery method is.

The thing that concerns me is if royal mail come back and say it is next day, in which case it must of took best part of a week to get through there systems then would they have to prove that they posted it on the date it was written.

I notice that the termination was also dated a week before received and a Lloyds S marked letter I received was received 5 days after the date on the letter.

The fact is I know I only had 10 days to remedy but thats just my word. :)

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IMO the only amount you legally need pay them is the arrears, as they have unlawfully rescinded the agreement, the DN is faulty, and as they have now terminated the agreement, accept their unlawful repudiation and pay them the arrears, ta very much...:D

 

Agree --if you start offering F & F's they will assume they have a mug ready to fleece.

 

The D/N is defective on more than one count IMO.

 

I notice that the termination was also dated a week before received and a Lloyds S marked letter I received was received 5 days after the date on the letter.

The fact is I know I only had 10 days to remedy but thats just my word. :-)

 

No its not.

 

Dated 22nd June,posted second class deemed served on Monday 28th June.14 days from day following makes remedy by Monday 12th July.

 

17 days twaddle from 22nd June in their dreams would have been Friday 9th July.

 

If they had used RM 1st class it might* have been OK so that envelope is worth hundreds to you.

 

*As the D/N included charges that also makes it defective,IMO.

 

Claim back the unlawful charges +contractual interest and you will reduce the O/S balance considerably .That plus only now owing the arrears as at 13th July should give them a maths sum to consider.

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It also states two figures leaving it for you to figure out the amount to pay. It should be a clear statement of the total amount needed to rectify.


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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And that did confuse me.

 

There was a letter in with the default explaining that its whichever the higher but I imagine that means nothing as its not on the default itself, as you say it is not clear what the amount to pay is, is it the higher of the 2?, is it the sum of the 2?

 

For the record though, that is only 2 months arrears when they defaulted me and I have paid £40 since the default so by my maths that would even make the termination arrears incorrect.

 

Ah well i'll send a letter off accepting there termination and inform them i'll be making payment within 14 days of the £121. :)

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so you're quids in

more charges to comeback that on the tern notice for arrears.

 

well done

 

knew you'ed get there

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Ah well i'll send a letter off accepting there termination and inform them i'll be making payment within 14 days of the £121.

 

 

The £121 would have been incorrect on the D/N as you state that they have included unlawful charges in it.

 

I'd be inclined to accept the termination and request the charges +contractual/compound interest back--others might advise otherwise.

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no thats the way

you should make a profit here

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Sorry me again, postmans been busy this week.

Well it seems it wasnt Fredricksons chasing me for Lloyds as today ive received this from SCM solicitors. Presume these are Lloyds very own dirtbags looking at the envelope, font etc.

 

Is this a termination letter?, its not titled as such but it makes it clear they are demanding the full amount. It also says my card is canceled.

 

http://i1017.photobucket.com/albums/af299/badgercraig/scm.jpg

 

Now can they add interest?, ive seen people say they cant.

But it does state in the original agreement under Termination:

 

"If this agreement is ended you are liable to repay immediately on demand the outstanding balance on the account, including interest and charges to the date of payment."

 

Surely though if the agreement is terminated they could only add 8% and even then only in court.

 

There are £600 charges with about £700 interest and £400 8% which I need to to double check then get on and reclaim + a shot in the dark ppi from the late 90s.

 

balance of about £3000 so in reality its a matter of I owe them £3000 and they owe me £1700.

 

I'm going to write back and tell them i'll pay £10 a month. Anyone advise anything else I should put in my letter?, i'm not disputing the debt and i'd like to keep the bank account

 

Is there a decent template for writing such a letter to a dca?

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Well heres my response from royal mail wholesale, enough for me that this wasnt first class.

 

Hello Badger

This would of been sent via an alternative postal supplier to Royal Mail. Royal Mail deliver the "last mile" and this would of been delivered with your Royal Mail post.

Regards

Sue

Royal Mail Wholesale

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Your correct in your assumption that Sechari, Clark & Mitchell are indeed the in-house Sol's for Lloyd's.

 

Normally a Termination Notice, will say exactly that on the letter, however IMO asking for the full balance of an account is the same, but I am open to persuasion?

 

Have you checked that the DN is compliant? Is it laid out in the correct format, correct dates to rectify, amount which is required to rectify etc?

 

How Old is this CC?

Pre or post 2007?

 

As for wanting to stay with the bank, this is not advisable at all, they will offset any debt you have with them using the money that is in your account, regardless whether you have an agreement with them or not.

 

Your much safer to open a different bank account, that is not a part of Lloyd's banking group, of which we own 43% of (cheers Gordon!) and have your wages paid into the new account so that Lloyd's can't take what they want.

 

If there are any charges on the account, then you should start to claim these back, this will then go to reducing the total debt, and will be much more manageable, hopefully?

 

As for offering them payment, it really is a simple letter telling them that you are prepared to pay them £10 a week/month via standing order.

 

They will refuse this and their greed will get the better of them, then there are a number of avenues you can go down, dependant on when this CC was taken out, you could CCA them, or another method is for every time they refuse to accept your offer of payment, reduce it by a pound, and it might cost them £5 before they get the message, but they will eventually.

 

Either way, if you are willing to pay them, what you genuinely owe, not the fees and charges, then ensure your offer, is one that is realistic and comfortable for you to maintain and pay, there is no legal requirement for them to have a copy of your income and expenditure, this is merely a delusion of grandeur on their part.

 

If you need help with sending them a request for your agreement to see if they can actually legally take payment from you then just ask.

 

Other than that, DO NOT talk to them over the Phone, EVER!

 

Keep everything in writing only, and send your correspondence via recorded delivery or at the very least obtain proof of postage, start to get a paper trail of evidence together and keep a diary of events, especially for the telephone harassment.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi there.

Cheers Dotty, will have a propper scan of your thread. :)

 

It was from 1998 Bazooka

I have done a CCA request and it appears to be surprisingly ok, my only thing is whether the 2 were as 1 page or on 2 but i'll put the scans below. Notice the fact that the stamp on the 2 appears not to be in the same place but this might be nothing.

 

Default seems to me to be again ok. Again will post a scan.

 

The annoying thing is I have letters from Lloyds admitting the missale of 4 ppi policies from 2002-2005 on closed loan accounts. Value of the ppi is about £3k + a further £3k in interest, but they are really dragging there heals with the refund and I half expect them to offset some of this anyway but we'll see.

 

They'd be wasting there time taking me to court, i'm back living with my mum, self employed and have barely broke even the last 3 years and have no savings.

 

As for keeping the account, I was thinking long term when ive cleared all debts with them. Just nice to keep a spare.

 

Anyway the scans:

 

CCA 1 http://i1017.photobucket.com/albums/af299/badgercraig/LLOYDS/lloydscca2a-1-1.jpg

CCA 2 http://i1017.photobucket.com/albums/af299/badgercraig/LLOYDS/lloydscca2b-1.jpg

Default 1 http://i1017.photobucket.com/albums/af299/badgercraig/lloydsdfn001-1.jpg

Default 2 http://i1017.photobucket.com/albums/af299/badgercraig/lloydsdfn002.jpg

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http://i1017.photobucket.com/albums/af299/badgercraig/lloydsdfn001-1.jpg

 

Is faulty as it fails to allow you sufficient time in which to rectify the account, 14 days are required, but by my calculations this doesn't even come close..10 possibly?

Any one else confirm?

 

I would also question the agreement they sent you.

Clearly it states that it is an application form, but there is nothing which ties the first page to the second page of T&C's....it even says at the top left hand side of the second page that it is the 'Bank Copy'????

 

Before you get your hopes up though wait until someone else like cerberusalert can have a gander and give their opinion first.

 

But IMO it's not enforceable......but I'm stubborn like that:D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hahaha

 

Default was sent first class though, if that changes anything, and they sent the same copies of the agreement in both cca and sar(all be it different size scans).

 

Lloyds are just such tossers, why cant they be more cr@p like Capital 1 and mess everything up?

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The Law is very clear on DN dates.

 

The DN should have a date on which it should be remidied, not x days from the date on the letter....

 

3

 

A specification of:--

 

(a) the provision of the agreement alleged to have been breached; and

 

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

As you can see, it states a "Date" :D

 

Also if you get a Judge that likes to play golf with bankers on his day off and ignores your evidence then say this to him....

 

"If you are minded to rule in favour of the claimant on this point- Then I would be obliged if you would make full notes of your reasoning for appeal purposes."


These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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re dn - imo, if posted 1st class on 15 june then they have given enough time.


IMO

:-):rant:

 

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re dn - imo, if posted 1st class on 15 june then they have given enough time.

 

Even if sent 2nd class, they have still allowed 14 clear days.

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Even if sent 2nd class, they have still allowed 14 clear days.

 

imo, if 2nd class - deemed served 4 working days after posting ie 21 june. clear days start next day, so last clear day w/b 5 july. so, if 2nd class the date on the dn would need to be 6 july as the statutory statement states 'before the date shown' (which is 5 july). so, could be 1 day short if 2nd. what do you think?

Edited by Ford
typo addition

IMO

:-):rant:

 

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imo, if 2nd class - deemed served 4 days after posting ie 21 june. clear days start next day, so last clear day w/b 5 july. so, if 2nd class the date on the dn would need to be 6 july as the statutory statement states 'before the date shown' (which is 5 july). so, could be 1 day short if 2nd. what do you think?

 

Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

 

To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

 

They will claim it was posted on the same day as dated on letter.

 

If sent 2nd Class, service would be 20 June 2010.

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