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    • Yes apologies I thought it was a fixed loan as it involves a guarantee and being a business debt
    • Intrum passing account on to resolvecall and arranging home visit   Any advice 
    • On the second claim – for the front patio and in respect of which you haven't so far issue the claim, as far as we can make out – once again with the kind assistance of my site team colleague @FTMDave, we think that the correct claim should be     This would leave you with a patio which had cost you £7888 – and which is the price that you originally contracted for .   You agreed to pay £7888 for the front patio. If you claimed the £14,000 or so that you are proposing, you would be in a position where you would be getting a front patio almost free of charge   So we think that your claim should properly be for £6439.60 p However in the circumstances, I should certainly wait until we figure out what to do about the first claim that you put in. I've already suggested that you contact the sheriffs – and maybe you would come back here and let us know that you have done that and what they said.   incidentally, these are our figures – you need to do your own calculations and confirm them independently or come up with a different calculation – independently. Same for the first claim.
    • I got a letter saying the police have not received my form, license that I had to send off for 3 points, I have paid the £100 aswell, I sent the license off and form, on the 12th of November, and it got there on the 15th of November, it was signed by the court and it was photographed, for proof..   The letter states I have  an extra 7 days to send it in.. received the letter on the 24th of November...   what happens next? I cannot phone the number on the letter until Monday, its a Monday-Friday helpline...   The last thing  I want is them at my door for arrest, or even banning me from driving...
    • 3rd Try   STATEMENT OF  I Mr will say as follows:    INTRODUCTION  1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers.   7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
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hi

 

i sent the alliance and leicester an LBA, ive had the usual reply, ie sorry we do not accept .... blah blah-

 

before i issue a court claim is it ok to add another charge ive incurred since i sent my letter ?

 

just want to get my facts right before i add another £100 pounds or so to their total

 

thanks

 

 

gaz

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  • 3 months later...

hi all

 

as above ive now got a court date but as i didnt get paid properly last week ive incurred another £75 charges this month ???

 

is it possible to add them to my previous total before isend all my court bundle etc to my bank

 

thanks

 

gaz

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as im preparing my court stuff, im just wondering why is it so important to include a copy of the terms and conditions- they dont actually break any of these do they ? is it just because this shows their terms are unfair?

 

id just like to clarify it for my own sakes- i can be a bit slow on the uptake if anyone is wondering

 

thanks

 

gaz

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on the t and c it describes them as charges for a long time and even with breakdown sent by solicitors shows them as charges.

 

fees are only the things like the overdraft fee which you dont claim anyway.

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HI u can change it any time up until u apply to the court as far as im aware! Some one with alot more knowledge will hopefully correct me if im wrong. :lol:

 

thanks i just had an offer from my prelim which i will be rejecting so wanted to make sure I could add the further charges on that I have had since the end of march when I sent my s.a.r off!

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I believe the guy who lost to Lloyds TSB did not have his T&C's in his bundle, which went some way towards him losing his case if I remember rightly, even though he was otherwise well prepared.

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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I am reclaiming my overdraft fees, because they varied every month and I wouldn't have been overdrawn if it hadn't been for their unlawfully debited charges.

Nil Illigitimus Carborundum

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Ive acquired more charges since my claim, got a prelim prepared for soon as this claim is sorted

***************************************

Feels like a lost little girl x

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hi all

 

im preparing my court bundle (many thanks to mimijane), and i ve looked at all the t&c found on this thread and what i can find on a google search- from what i can see i dont think any of these are applicable. ie the ones ive seen dont say that "if you go overdrawn, or we have to pay a failed debit you will incur a charge" etc etc.some of them are definitely just genaral t&c and dont really include current account terms.

 

is this not the type of thing a judge will be looking for? i can find a list of 'charges' but no accompanying terms and conditions ?

 

any ideas anyone?

thanks

gaz

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  • 2 weeks later...

This is from LLOyds forum for their claimants but it might helphttp://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

 

 

 

Jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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hi

 

just putting my court bundle together, and due to my pc crashing a few month ago i might not be able to get copies of my SAR, and LBA and other preliminary letters

 

will it be ok to just add the templates(filled in like the originals) and just tell the judge that the originals got lost nad these are as close as i can get. best to be honest in case i make a mistake ?

 

surely these arent the be all and end all of my bundle, i ve got the schedule of charges, and my statements, my case law, S of E, ETC

 

any help would be appreciated

 

thanks

 

gaz

 

ps when my bundle is done, im going to index it and provide links to all the info i ve included to help other people sort theirs out.anyone can request a copy when i ve done

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bump

 

sorry not sure of the answer

 

pm a moderator if you dont get reply

 

jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I can't see that being a problem. The chances are the bank will settle before court anyway. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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