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    • 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?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
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pancake roll

mortgage repossession law and practice in Scotland - updates 2015

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Hi,

I contacted SHELTER SCOTLAND regarding Calling up notice in Scotland and they gave me a very good information .Below i have paste the information from Shelter Scotland for fellow Scots who's been threathend Repossession by the Bank.

 

 

 

 

Dear ..............

 

 

Further to our telephone conversation I have the following information for you.

 

I note that you wish to challenge a Calling-up Notice on the basis that RBS have so far failed to provide you with a breakdown of the money due by you. There are two legal provisions to consider at this stage.

 

 

There are two legal provisions to consider at this stage.

 

Firstly, under Section 19(9) Feudal Conveyancing and Reform Act 1970, upon receipt of a Calling Up Notice, a debtor may request a ‘statement of the amount as finally determined.’ This must clearly be in response to the debtor having received the Notice, as opposed to a general request for information, Bank of Scotland v. Flett 1995 SCLR 591.

 

The creditor must respond within one month from the date of serving the Calling Up Notice (s19(9).

 

Should the creditor fail to comply with the request, the Calling Up is of no effect. Should they provide the statement as requested and within one month of service of the Calling Up, the notice will take effect. The debtor nevertheless has the opportunity to attend court or be represented, and she may have a Pre-Action Requirement defence as follows:-

 

It is also possible to raise court proceedings for suspension of a Calling up Notice, however this would be where the existence of the debt is disputed and not for a dispute as to the level of the debt, and the breakdown of the various component parts- interest, charges etc.

 

Secondly, under Section 24A(2) of the Feudal Conveyancing and Reform Act 1970 which covers the Pre-Action Requirements creditors are now required to provide the debtor with clear information about:-

 

(a)the terms of the standard security;

(b)the amount due to the creditor under the standard security, including any arrears and any charges in respect of late payment or redemption; and

©any other obligation under the standard security in respect of which the debtor is in default.

 

The Applications by Creditors (Pre-Action Requirements)(Scotland) Order 2010, Article 2 states that

 

(2) In providing the debtor with clear information for the purposes of section 5B(2) of the 1894 Act and section 24A(2) of the 1970 Act—

(a)information about the terms of the security must include a description of the nature and level of any charges that may be incurred by virtue of the contract to which the security relates if the default is not remedied; and

(b)information about the amount due to the creditor under the security, including any arrears and any charges in respect of late payment must be broken down so as to show—

(i)the total amount of the arrears; and

(ii)the total outstanding amount due including any charges already incurred.

(3) For the purposes of those sections “charges” do not include any expenses for which the debtor is personally liable to the creditor by virtue of paragraph 12 of Schedule 3 to the 1970 Act, as read with section 11 of that Act(1).

(4) The information required to be provided to the debtor by virtue of those sections must be provided as soon as is reasonably practicable upon the debtor entering into default.

 

It is not entirely clear whether this requirement to provide clear information applies both before expiry of the Calling up Notice and after expiry. In any event, it would be advisable for you write to RBS or their solicitors requesting this information before service and after expiry.

 

Should the creditor fail to comply with the Pre-Action Requirements the action would be incompetent.

 

If you receive court papers you should take legal advice as soon as possible.

 

 

 

Helpline Adviser

T: 0808 800 4444

 

 

Shelter Scotland

Glasgow Advice Service

1st Floor, Suite 2

Breckenridge House

274 Sauchiehall Street

Glasgow, G2 3EH

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pancake, can you please advise if this information is on Shelter's website ?


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Hi CitizenB,

Yes, you can get this information on the Shelter Scotland website. They were very helpful to me over the phone and email. The information above was that i received from an advisor from Shelter Scotland and she replied to me direct by email.

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Righto, thanks for that :)


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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

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3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

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Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi,

 

Useful information for anyone lives in Scotland .

Information regarding repossession in Scotland.

 

The Article was written by GOVAN LAW CENTRE.

 

Security of your home

15 July 13

 

Since the 2010 Supreme Court ruling in Wilson, a number of sheriff court decisions have further clarified mortgage repossession law and practice in Scotland

 

by Govan Law Centre

The landscape of mortgage repossession procedure in Scotland has dramatically changed in recent years.

 

 

2010 saw the introduction of the Home Owner and Debtor Protection (Scotland) Act 2010,

as well as the crucial decision of the UK Supreme Court in Royal Bank of Scotland v Wilson [2010] UKSC 50.

 

The 2010 Act amended the legislative framework by strengthening the rights of home owners in repossession proceedings.

It stipulates that all such cases must call in court.

It sets down matters which a sheriff must have regard to, where a defence is stated.

 

 

These include the reasons for the default,

the likelihood of the debtor fulfilling their obligations under the security within a reasonable time,

any action taken by the lender to allow the debtor to fulfil these obligations,

whether the debtor is taking part in a debt arrangement scheme,

and whether the debtor and other residents will be able to source alternative accommodation on repossession.

 

Another significant element of the Act was the introduction of pre-action requirements (PAR),

through amendments to the Heritable Securities (Scotland) Act 1894

and the Conveyancing and Feudal Reform (Scotland) Act 1970.

 

 

The PAR (see panel) place responsibilities on lenders to carry out certain actions prior to commencing proceedings against a home owner,

thereby requiring lenders to demonstrate that they have considered reasonable alternatives to legal action.

A lender is only entitled to commence court action if they have complied with these requirements.

 

 

Accordingly, lenders have to provide evidence of PAR compliance in a Form 11C, which should be lodged with the court.

If a lender does not provide satisfactory documentation, the action may be rendered incompetent.

 

In November 2010, the Supreme Court in Wilson determined that calling-up notices are required in all cases

where lenders seek to instigate repossession proceedings for mortgage arrears.

 

This means that prior to raising an action,

a document giving two months’ notice to the borrower to repay the whole sum outstanding, including arrears, must be served.

The court held that a lender’s letter of default in this case did not satisfy the requirements of the 1894 Act.

This decision was revolutionary in clarifying the rights of debtors subject to repossession proceedings.

 

 

 

For the full article read.... http://www.journalonline.co.uk/magazine/58-7/1012824.aspx#VN8RRdlyGP9

 

 

 

Contributors to this article were Samantha Brown, Clare Burnie, Lynn Fraser, Christine McKellar and Laura Simpson of Govan Law Centre.

 

Govan Law Centre acted in the cases of Millar and McConnell, Doyle et al, Pervez and Gallacher.

 

Making PAR

 

Under the statutory pre-action requirements (PAR), lenders must:

 

 

1.Provide a homeowner with clear information about the terms of the loan,

and the total amount due, inclusive of any charges pertaining to late payment or early repayment.

Additionally the lender must provide the debtor with clear information about any other debt owed to them.

 

 

2.Make reasonable efforts to agree a repayment plan with the debtor.

 

 

3.Not commence court proceedings for repossession if the debtor is taking action to clear their arrears

or outstanding loan balance within a reasonable time; and

 

 

4.Provide the debtor with information on how to obtain advice about their debt management problems.

Edited by citizenB

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I have taken the liberty of merging your two threads

and placing them as a perm sticky

 

 

that way they wont fall off

please continue to post updates here

 

 

these are VERY useful

 

 

dx


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Just been told by SHELTER sarah their not taking any new legal cases on..

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