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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         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 noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  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.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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new girl Sarrah v HSBC - SETTLED IN FULL


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Write back placing the amount in dispute IMMEDIATELY. Once it's in dispute they cannot take ANY punitive action. There's a template somewhere :confused:

 

Placing it in dispute will give you TIME to get this claim in, and to sort things out.

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Yes, reply to him.

 

I guess all you have to say is something like the following:

 

Dear Mr Bowden

 

I am in receipt of your letter regarding my overdraft being outside the limit agreed with the bank. However, as the account is in this state purely due to the unlawful charges levied by the bank on it, charges which I am at this moment legally challenging, I dispute that I owe this money in part or at all.

 

Therefore I would be grateful if you would immediately freeze any action you propose regarding this amount pending the result of my imminent court action. Take formal notice that as of the date of this letter, this amount is in dispute.

 

I KNOW there is something better out there but I think this serves the purpose.

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thanks guys, i will send letter to M Bowden that stonelaughter is suggesting.. do you think i should also send a scathing letter about this to A Pretty and those jokers at leeds as well who i sent my LBA too ?

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This is the letter i propose sending:

 

I am in receipt of your letter regarding my overdraft being outside the limit agreed with the bank.

The account is however in this state due to the unlawful charges levied by the bank and I am in the process of legally challenging these charges. I dispute that I owe the amount in excess of the limit as in fact HSBC owe me £104 on this account due to unlawful charges levied since the account was opened. Once this has been credited back, the account will of course be restored to within limits and I will be in a position to make further repayments to my overdraft.

 

Therefore I would be grateful if you would immediately freeze any action you propose regarding this amount pending the result of my imminent court action.

Take formal notice that as of the date of this letter, this excess amount is in dispute.

 

Think its ok??

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no its having none of it, cant work out deletion.. far too technical!

 

Anyway thanks stonelaughter i will send that off today special delivery for sure..

 

I better also prep this claim over the weekend before they take me to court first if i am not careful!!!.. .. aaahh what a stress :o

 

I vow that if i ever get rich one day i intend never to use banks again but store my millions in biscuit tins under my bed :x !

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oops i posted twice.. can someone delete one?! I am such a numptey :lol:
Sorted - and don't worry, you WILL get your money back. Good luck. :)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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many thanks spiceskull! i hope you are right about getting my money back but the banks REALLY dont like me!

 

Letter has gone off to M Bowden registered post today...

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i hope you are right about getting my money back but the banks REALLY dont like me!
They don't like me either, but I still got every penny returned...:)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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After my dramas with the bank last week.. saturday morning i received a leter from bank offering me my full £198 in final settlement !!! I sent back immediately by recorded delivery & have asked for it to be transferred straight to my account so just waiting now!! :)

 

Am so delighted! :D Thanks guys.. a wee donation will be en route once the money hits!

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Dhum, dhum, dhum...another one bites the dust. Great result - well done.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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CONGRATULATIONS

This is great news, well done.

Would you please fill out our survey - HERE

(and don't forget we can only survive if we get donations!! cough cough)

..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 12 years later...

This topic was closed on 2019-03-08.

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If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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