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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 ? 
    • you still got that spreadsheet I did for you?   dx  
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have a read up on variation orders use our search cag box of the red toolbar up top

 

 

the court wont decide on an F&F but a PCM offer.

 

Hi dx100uk,

Just an update on this,

 

I got £750 ppi reclaimed back and it went straight to stupid debt collectors IND

yet they still added on their fees and im still paying £50 per month.

 

i've made a complaint to welcome finance to hopefully get this final over

Its causing me to get a mortgage with ccj but this morning i got a reply

 

RE: Welcome Finance

I

INFO

Reply|

Tue 31/01, 16:15

You

You forwarded this message on 01/02/2017 08:11

Dear Mr

 

Thank you for your details.

 

Unfortunately, Welcome Finance no longer have ownership of your account.

Your account was sold to IND in June 2016, therefore, we have no access to your up to date account.

 

Please refer back to IND and request their complaints procedure.

 

Apologies for any inconvenience caused.

 

Best regards

 

Customer Resolutions Team

Customer Relations

Welcome Financial Services Limited

Ruddington Fields Business Park

Ruddington

Nottinghamshire

0333 99 9510

info@wfs.co.uk

 

the debt is well over 4 years old now from ccj record 23/07/2013 on my noodle account.

 

so either welcome finance is lying cause on my record it says 2013 or ind is lying they brought it in june 2016 which i had the debt way before then

 

theses people love to mess people around and mess with their heads.

 

i think i should take this to finance ombudsman see what they say,

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Useless really as you say

 

Why oh why did you not do as you were told at least twice in 2013 and send that sar off,.......

:frusty::frusty::frusty:

 

Hi Dx100uk,

Just thought i chase this one up with finance ombudsman, I get this reply.

 

Dear

 

I’ve been allocated your complaint about consideration. I tried to call you today, but there was no answer, so I’m emailing instead.

 

I do already have the information I needed to give you my view on your complaint. I’m sorry to advise that yours is not a case I can fairly consider. This is because it’s not possible to achieve the resolution you’ve asked for.

 

On your complaint form you said you’d like the following resolution:

 

But it would not be possible for Welcome to do this as they no longer own the debt. Any adjustments to the amount owed would need to be made by the current debt owner – IND – but it appears you are not willing to deal with them.

 

For Welcome to be able to adjust the amount owing, they’d first need to buy back the debt, but this is not something we could say they should do because of a court approved scheme.

 

In summary, I’m afraid this service cannot take your complaint against Welcome any further. It’s possible we could look at a complaint against IND, but please bear in mind that we would not question or review any decisions made by the courts.

 

I’m sorry to be the nearer of mad news, but I hope I’ve explained clearly, why I’ve come to my view.

 

If anything is unclear or you have any questions for me about what I’ve said, please get in touch by 16 February 2017.

 

Kind regards

 

i think IND is a joke adding in all their fees (court fees,interest i had a full report on this now and a complaint "this debt is now over 6 years old"

 

i've given them £800 in total and offered them money and yet still refused"

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what did you complain about?

 

 

and have you now sent that sar to welcome??

 

 

cause that ind statement is crap


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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

spreadsheets 

 

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what did you complain about?

 

 

and have you now sent that sar to welcome??

 

 

cause that ind statement is crap

 

welcome came back with a reply saying they no longer have my file and they asked "IND to send me a statement instead as they have now brought the whole account" so now I have to deal with IND.

 

Dear

 

Prior to June 2016 IND were only managing your account, they would have been responsible for the CCJ on our behalf.

 

Since June 2016 we sold the account to IND who now have full ownership of it.

 

Best regards

 

Customer Resolutions Team

Customer Relations

Welcome Financial Services Limited

Ruddington Fields Business Park

Ruddington

Nottinghamshire

0333 99 9510

info@wfs.co.uk

 

 

that's the email i got when i sent £10 to get the full report,

 

I complained about welcome and IND treating me like crap on the phone and how the fees im getting on £2000 loan,

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just had another email from this woman :

 

Dear

 

Thanks for your email.

 

We could potentially look at a complaint against IND, but you need to give them the opportunity to do so first.

 

I can say now though, that I don’t think we would agree with your complaint, because the amount they say you owe, has been approved by the courts, and we wouldn’t feel it appropriate to question or disagree with court decisions. In addition, according to the statement you sent us (copy attached), only £200 has been added to the outstanding amount, and this is for court fees. No interest or charges have been added since the loan defaulted in 2013.

 

If you do decide you’d like to pursue a complaint against IND, you should register a complaint with them. Once they respond, or eight weeks has passed with no response, you can then ask us to get involved.

 

Kind regards

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re the SAR...

 

 

they cant refuse

its a legal request

 

 

they must under dpa laws hold your data for 6yrs

 

 

send them this

http://www.consumeractiongroup.co.uk/forum/showthread.php?387319-Failed-SAR-No-Reply-40-Days-Have-Expired-**Correct-as-at-October-2013**


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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

spreadsheets 

 

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re the SAR...

 

 

they cant refuse

its a legal request

 

 

they must under dpa laws hold your data for 6yrs

 

 

send them this

http://www.consumeractiongroup.co.uk/forum/showthread.php?387319-Failed-SAR-No-Reply-40-Days-Have-Expired-**Correct-as-at-October-2013**

 

 

 

cool thanks i'll send that tonight,

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