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    • Yes the next step I think is a letter of claim. If you are not familiar with them already then please read up on this forum the steps involve taking a small claim in the County Court. It's not difficult but it's worth knowing the steps in advance so that you will be confident. Draft a particulars of claim and post it here. Keep it short and sweet
    • Last one for the night, do I send the Statue Barred letter recorded to the PO Box address on Overdales correspondence or to this address 2a, 606 Business Park, Staithgate Lane, Bradford, West Yorkshire, England, BD6 1YA for Overdales?  I found the second one on the Gov.uk company search engine. Thanks PM
    • Hi. Many thanks for your continued help. I will follow the advice and not get involved with phone calls, email only. The house was repossessed by the mortgage company Southern Pacific not Central Trust, but they did try some years earlier. They seemed to be taking it in turns at one point. I don't remember saying the debt had been sold to them or anyone else, as far as I am aware the house covered the mortgage, I have never heard from them. I just don't understand the figures or the terminology they used to explain the costs, find it baffling and far from clear.
    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
    • Evening dx will do, can I just ask what WHY is or have I just read it wrong?
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Reclaim of charges on mortgage


MoonHawk
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Hi

 

I am in arrears with Paratus AMC (Previously GMAC) whom I gather to be difficult to deal with.

 

As part of their pre-action they have kindly forwarded me the complete statement of the account.

 

In it I have noticed that there are a large number of fee items and wanted to know if anyone can advice which ones can realistically be claimed against as unlawful charges:

 

Unpaid DD Fee (£30)

Arrears Fee (£50)

Non Payment by DD Fee (£30)

 

Thanks for any assistance

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That was quick :)

 

Thanks DX

 

A couple more questions have arisen as I am going through the fees. Note that the account started in Oct 2005.

 

1) There is an amount in 2006 stated as "Standard Solicitors Fees" for over £300.

I have no idea what this is or even why it was added to the account.

 

 

Can this go in the charges?

Or if not can I reclaim interest as I did not have a choice to settle it at the time if it was valid.

 

2) There seems to be an attempt to address the fees with two entries (Re-Dress Interest £35 and Re-Dress of Fees £444).

This is was short as the total up to that point is £2500 without the above solicitors fees.

 

 

Shall I just enter these as a negative in the spreadsheet?

 

Thanks

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

Link to post
Share on other sites

That was quick :)

 

Thanks DX

 

A couple more questions have arisen as I am going through the fees. Note that the account started in Oct 2005.

 

1) There is an amount in 2006 stated as "Standard Solicitors Fees" for over £300.

I have no idea what this is or even why it was added to the account. - did they ever litigate? or start court proceedings

Can this go in the charges? no if they did do court

 

Or if not can I reclaim interest as I did not have a choice to settle it at the time if it was valid.

 

2) There seems to be an attempt to address the fees with two entries (Re-Dress Interest £35 and Re-Dress of Fees £444).

This is was short as the total up to that point is £2500 without the above solicitors fees.

 

Shall I just enter these as a negative in the spreadsheet? yes then blank the relevant int cols

Thanks

 

 

dx

  • Confused 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks again for the assistance DX. Cant remember it going to court. To be safe I will leave it off the sheet and ask them to explain it.

 

Onwards :)

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

Link to post
Share on other sites

Modified letter to be sent tomorrow. Any feedback would be greatly appreciated.

 

Dear Sirs,

ACCOUNT NUMBER: XXXXXX

 

Thank you for your correspondence received from XXXX, acting on behalf of XXXX, dated XXXX.

 

With the above letter XXXX supplied a printout of a schedule of payments received on the account. In reading the schedule we have noticed two payments on the 12th November 2009, for ‘Re-Dress Interest’ and ‘Re-Dress Of Fees’. We have had no explanation as to what these payments were for or from whom.

 

Further investigation on these payments has led us to understand that they were in response to the rulings in 2009 for unfair charges on financial accounts. If this was brought to our attention at the time, we would have investigated this further and would not have accepted the payment, as it is below what we would deem fair, given the total of charges previously applied.

 

We also now understand that according to the The Mortgage Conduct of Business rules, FSA had announced a similar ruling on excessive mortgage charges which exceed actual administrative cost to the lender.

 

We are also disappointed to see, in the provided schedule, that the same charges were continued to be applied following this date, thus ignoring the advice of the ruling.

 

We are therefore writing to ask you to refund the charges which you charged to my account in respect of Arrears, Non Payment By DD and Unpaid DD fees, to the sum of £ XXX (the Re-Dress payments have been removed from this total) . We now understand that such fees are unlawful at Common Law, Statute and consumer Regulations.

 

In addition your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as we are consumers. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations, which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. We would vigorously contend that this is the position regarding the fees which you deemed fit to apply to my account.

 

We would like to bring your attention to the following statement by The Office of Fair Trading:

"A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

 

We believe that the charges you have levied of £ XXX far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of our breaches, in order to reassure us that your charges really do reflect your costs.

 

Thus we are asking that you refund the charges and other fees which have been levied on this account. If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure we will enter a formal complaint to the Financial Ombudsman Service. We believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

We hope that you will enter into a sincere dialogue with me about this matter and we are writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

Yours faithfully,

Edited by MoonHawk
Added paragraph in red to the letter

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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ok.

 

 

MCOBS might well be worth a mention too?

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks, I will add a paragraph (see the original post - new paragraph in red)

 

This is the letter I am looking to send to their solicitors.

 

Dear Sirs,

 

Thank you for your correspondence and the schedule of payments, sent on behalf of your client, XXXX, dated XXX.

 

In your communication you have given notice of your intention for court proceedings over the non-payment of the alleged outstanding balance on the above mentioned account. As such you and your client are obliged, under the Civil Procedures Rules, to work with the other party, in order to ensure the claim is dealt with expediently and fairly, avoiding an unnecessary burden to the court's resources. Part of this includes provision of information to ensure that all parties are on an equal footing.

 

Please find a copy of a letter sent to your client requesting a refund of £XXX of unfair charges applied to the account, which we were unaware fell under the rulings of 2009, and your client failed to inform us that these applied to mortages.

 

Because this amount would being the total of the arrears into question, I kindly request that you hold any further action on the above account until the complaint in the letter has been addressed.

As already mentioned, I welcome your assistance in this to avoid an unnecessary burden to the court's resources.

 

Yours faithfully,

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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