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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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Michelle1973

Finance U CCJ/CO - now paid by they want more interest?*** Resolved/ Refunded ***

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Good Afternoon

Hoping someone can help me please.

 

Myself and my hubby had a car on finance with Finance U a good few years ago,

 

long story short,

run into financial difficulty,

car was taken back,

ccj put against us and a charging order.

This year in February we finally finished paying them.

 

May of this year we received a letter saying we still owed about £900 which was interest.

Each month I sent a cheque along with a complete monthly letter with date, amount paid, cheque number and balance.

 

They cashed each cheque but not once did they mention that OUR balance was incorrect by them.

No mention off them either whilst we were paying every month that interest was going to be added.

..Any help would be very much appreciate please

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nope they cant do that.

I would assume they wrongly spoofed you into a VS

whereby you should have done a VT

that way you only had to pay upto the 50% mark.

 

i'd be sending them an sar.

 

the CO [or what is secures - the CCJ]

 

should have a judgement box

check that

and insure it does not say

'including post judgemental interest'

I bet it doesn't

and neither do their agreement T&C's.

 

if it doesn't

then all you have to pay is the figure on the CCJ.

 

dx


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Thank you for the response,

I honestly couldnt tell you as it was years ago.

 

I do have thou a 'Final Charging Order' letter and

 

 

its says on there

2. The interest of the defendant in the asset described in the schedule below stand charged with payment of the sum of £3,270.00 the amount now owing under a judgment or order given on 07 October 2004 together with any further interest becoming due and £94.00 the costs of the application.

 

3. The costs are to be added to the judgements debt..

 

Does any of that help?

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well it 'speculates' that there might be

but that's just a std text they enter for all CO's I think.

 

if you've the CCJ number there

theres no harm in ringing Northants bulk

and asking for a copy of the judgement.


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Good Morning,

I have downloaded a copy of our Title Deeds today as I cant remember getting anything from the courts, we may have but I cant remember.

 

Im sorry if this sounds thick but im not sure what im looking for.

 

 

I have found an old 'Final charging order' supposedly from a county court and on it it says-

1. The charge created by the order made on the 14 October 2004 shall continue.

 

 

 

So I take it i look for this date on 'Charges Registry?

I cant find anything at all for even that year and no mention at all for Finance U Ltd.

 

Does this mean this 'Final charging order' is fake?

Many thanks in advance x

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did you ring the court?


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shouldn't matter give it a go.

 

that charging order is the right time so its real then


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just phoned them, so ive popped a letter in the post along with a cheque for £10 fee

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the sar - yep to finance U?

what about the court?


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Finance U as i remember were the directors of Yes car credit when they went bust. It is a shame you already have a CCJ as just like yes car and welcome car agreements, they were pants and easy to pick holes in.

 

I have a feeling on what you have stated it will be an almost impossibility to get this judgement set aside.

 

Did the final judgement on the CCJ allow for statutory interest to be applied post judgement?? Me thinks you have been spoofed as interest is normally up to day of judgement, not post judgement

Edited by obiter dictum

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Thanks Obiter, but I dont have a copy of the original CCJ,

I have sent off to the courts for a copy.

Do creditors usually ask for interest to be applied post judgement then?

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Statutory interest of 8 % is normally applied up to date of judgement, not post judgment.

 

 

It is quite rare that is why i think they might be spoofing you.

 

 

Do you still have a copy of the original claim form and their particulars of claim??

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On one of the old letters from Finance U Ltd it says.

.... Balance outstanding. £(The amount) + Statutory Interest Accuring at 8% p.a (if applicable)

But then i have seen this elsewhere-

Can statutory interest be added to a CCJ?

 

Statutory interest is the interest which the court assumes can be added to an unpaid debt

where there is not a formal agreement which defines what interest will be charged.

If statutory interest applies it is charged at 8% per year.

 

There are many debts where statutory interest cannot be added once a CCJ is in place.

 

 

These include the following:

 

– If a CCJ is issued for a debt regulated by the Consumer Credit Act.

This includes most high street lending credit agreements, including bank overdrafts

 

– If a CCJ is issued for a debt worth less than £5,000 in total

even if it is not covered by the Consumer Credit Act. OURS IS UNDER £5000

 

For this reason if you have received a CCJ for a debt which is covered by the consumer credit act such as a personal loan , credit or store card

the creditor will not then be allowed to add additional interest after the Judgement is made.

 

However statutory interest could still be added on a debt after a CCJ has been issued

if it is not regulated by the consumer credit act such as a mortgage shortfall debt

or a debt which is unpaid after the supply of goods or services as long as the debt is greater than £5000.

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No i dont really have much of the old paperwork to be honest (young a stupid at that time) lol

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I believe statutory interest post judgement cannot be added for a debt covered under the Consumer Credit Act 1974

or the Debt is less than £5000.

 

 

For contractual interest post judgement there must be an express term written into the actual credit agreement,

again very rare that happens

 

That needs to be confirmed though

Edited by obiter dictum

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Then that answers your question, you need to get a copy of the original claim form and a copy of the judgement

 

I believe you are being spoofed

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Just make sure you have the documentation to hand first to confirm.

When you have that update your thread.

Then you go for the throat, twist their Gonads, slowly

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Fab thanks... will update when i receive everything.. Many Thanks again to you both

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its all explained in post 2

did you sent the sar to FU?


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Evening all

 

Yes sorry dx sent to FU the SAR.

 

Received back today from the courts a copy of the judgement and its says the following:

 

'It is therefore ordered that you must pay the claimant £3225.00 for debt (and interest to date of judgment) and £120.00 for costs.

You must pay the claimant the total of £3345.00 forthwith

 

Thanks in advance

x

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