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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 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?)
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Hi there

I've just attempted to post in banks,finance,credit forum but it states that it's not accepting any more posts..

.. I hope you can re direct this for me and hopefully help.

 

I have four credit cards (all defaulted against) and one loan (with a ccj) that I am looking to settle .

two of the cards are in my husbands name but I will be negotiating in the same instance.

 

All of the creditors have payment plans in place which I negotiated myself which have been running and paid on time for a minimum of two years

agreed payments are between £20-£40 per month each.

 

I have recently contacted Vanquis and Halifax with proposed settlements and have used template letters from the Internet

requesting full and final settlement to avoid the debt then being sold on.

 

Vanquis has a balance of £1800 of which I have offered £1000..

..they are happy to accept this but only on the basis that the debt will show as being partial settlement on my credit file.

 

 

They have stated that the account will be closed and that the debt will not be sold on ( which I do not believe)

I have had a very basic email accepting the offer (with no mention of the debt not being sold on)

 

 

I really am not in the habit of liasing over the telephone but meerly contacted them to confirm they had received the letter.

I then asked for all dealings to be done in writing.

I am not disputing the debt as my credit file shows all payments to them,

hence the phone call which I hope hasn't jeopardised any future negotiations.

 

The account was opened in 2006 with an initial credit limit of £1200 which rose to £3000

I'm not certain when the default took place but I'm guessing approx 2013

it's fair to say every penny of the outstanding balance is charges and interest only. (Cringe)

 

The Halifax letter I have yet to chase but is of lesser amount being approx £700 of which I have offered £350 taken out in 2012/13

again being made up now of interest/charges this is still accruing interest and only approx £3 per month reducing the balance

 

I am certainly not flush but in a position to clear these hopefully over the next 6-12 months based on each creditor accepting approx 50% of the debt.

 

Your advice on how to push for a full and final settlement would be very much appreciated

as I'm finding it very difficult to get any help elsewhere

and I don't want to jump out of th frying pan as it were by settling on a non favourable basis.

 

Any other loopholes would be very much appreciated you guys appear to really know what you are talking about!!

 

The other outstanding cards which I have not yet contacted are with lloyds approx £1200

held by my husband literally forever 25 years? and is made up totally 100% charges/interest........

 

 

... ppi has however been claimed against this account as it was the only one with it

(we have just had a letter reducing the balance by £800 due to some legal error on their part also)

 

 

this has been outsourced to Robinson way for some time although the refund letter came directly from LLOYDS you never know who you are dealing with!!

 

Barclaycard....held since 2005 balance approx £5000 AGAIN all charges/interest

nightmare negotiating with to stop interest and charges managed by LINK (charge refund request made a couple of years ago by requesting bank statements to no avail)

 

Finally a loan initially taken out with LOMBARD for £12,500 in 2008 then passed on to idem/Arden/idem I can't keep up with this!!!

 

 

CCJ in 2013 sadly again the original loan has been repaid in essence but outsourced due to late payments with an outstanding balance of approx £5000

 

All of the defaults as a result of my mom dying and me losing the plot for a while sadly!! In 2013

-So frustrating as my credit history wasn't bad until then

 

Any advice you can give me would be so gratefully received

- I appreciate you taking the time to read this and appreciate that my circumstances may not appear as desperate as some-

 

my mental health is however suffering a great deal as I am desperate to keep my family home

 

I am the midst of a very complicated lost will scenario three years after my mothers death With a Contentious probate scenario not of my making.

 

My only way out is to raise enough funds to buy out my very wealthy brothers (I am not)

.hence my need to clear outstanding debt as efficiently and effectively as possible.

 

This is my only way forward and any help for the sake of my sanity and my children's home would mean the world to us all.

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firstly

it might be best to start a sep thred for each 'debt' in the named forum of the original creditor off the top main forum tab on the left.

 

 

as for settling debts...

...if a debt is owned by a DCa..one would consider it wise to CCA request those people.

and ofcourse regardless to the owner ..always SAR the original creditor before agreeing with anyone

£XXX is actually owed after penalty and PPI reclaim if those apply to each debt.

 

 

settling accounts DOES NOT improve your credit rating.

if the debt in question has a defaulted date, that default and the whole account is there for 6yrs..when it will vanish and no longer harm your credit worthiness.

however that doesn't mean the dent might not be owed....

 

 

far more info on each individual debt is need by starting a thread as indicated for each one before we will be able to advise properly...

 

 

it is worthy to also note that if a creditor is only prepared to mark a debt as partial settlement..you might as well burn that money.

PS is worthless.

esp if the debt is already defaulted..it make no diff to your rating.

 

 

dx


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MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thanks dx for that swift response I will take your advice glad I haven't paid anything yet!!!

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