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    • you have acknowledged the claim on MCOL [AOS]?? and sent a CPR 31:14?   your defence is due Friday by 4pm
    • so this was a windscreen PCN for the driver walking off the site?   scan up all the paperwork you have had to date and ignored to date  including the front page of the letter of claim and the windscreen ticket.   you've been here long enough and have known about this PCN long enough to have read cag to conclude you should  NOT to have ignored the letter of claim    
    • I know it was over a year ago, but can you remember what you purchased and the name of the shop?  Even if you paid by cash, purchases can still be tracked down. 
    • It's been a while since I had my head in this subject area, but Carey v HSBC was based on determining what the creditor could do to fulfill their obligations when issued with a s.77/78 request by the debtor. It determined that a reconstituted agreement would satisfy the request, so long as it was a true copy. It does not mean the agreement is enforceable if put before the courts. The debtor could, if provided with a recon, decide to accept it and carry on as normal, or dispute it (and potentially withhold payments until the dispute is resolved - if ever).   You are in the position of disputing the recon as being properly executed (amongst other things), which is now at the stage of being put before the court to resolve. Your protection is s.127(3) of the CCA 1974 (repealed in April 2006), which states:   s.127 (3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).   The above is what makes a recon unenforceable in your case - but, you need to make a positive assertion to that effect. Whilst DX says Carey is not applicable, I think it's relevant. It explains the role of a recon in law, and it also explains what a properly executed credit agreement looks like, to the extent that could be declared enforceable by an order of the court. It also confirms that the creditor can continue to attempt collection of the debt, but they have no means of recourse through the courts. I would certainly be quoting Carey in support of an assertion that the claimant's recon is unenforceable, and s.127(3) prevents the court from making an enforcement order where s.61(1) was not complied with - as appears to be the case. You will need to spell it out for the court within your statement though. If the claimant is relying on their recon as evidence of their compliance of s.61(1)a then they fail comprehensively due to... (list the points) ...look up what the required prescribed terms are and list them as not being present (the text cannot be read, so they cannot be said to exist on the agreement), and also that all the terms are not contained within the one document (Carey case goes into this in some detail).   You can also throw in your other points relating to the balance and reference numbers, default notice, etc. Pull their case apart with as many arguments as you can. Explain why certain things are needed for the claim to succeed and how the claimant's case does not stack up on those points. Force the claimant to defeat your arguments with appropriate proof/evidence. Cast doubt in every direction you can, but properly support your arguments.   Hope this helps.
    • Am I right in thinking your brother is the keeper of the vehicle, and so VCS are suing him - but you were driving on the day?  In your first post you wrote "I received a PCN" but did you really mean your brother did?   if so, you can prepare the paperwork in his name if you want, and a decent defence later on will probably lead Simple Simon of VCS to wet himself and give in (if you look through the forum, there are very recent examples of this).   However, in the unlikely event that VCS go all the way to court, it will be your brother appearing, so it'd be a good idea if he too started to learn the legal procedure and how to beat these fleecers.
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Colzey35

Lowell solicitors chasing unknown CCJ - help please

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well they could

but they haven't in 2yrs

so there no reason why they will start now.

 

if the bank account was full of packaged account fees

and probably all manner of penalty charges

[unpaid DD's etc etc]

 

then I'd be getting an sar running PDQ.

 

so that you can hit lowells with a value of everything that should be removed from the 'debt'

 

as post 9 then.

 

 

get the info everything

sar time!!


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Hiya just had a reply for the SARS request load of paper work what should I be looking for

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post 26


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

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Single Premium PPI Q&A Read Here

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The CAG Interest Tutorial Read Here

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No much information given really 1/8/08 overdraft interest charge £23.13

Same for sept 2008

Oct od interest £23.47 and £23.06then unplanned of fee £75

Nov2008od interest £23.06 unplanned of fee £75

Dec of interest £25.73 unplanned of charge £75

Jan 2009 interest £23.17

Feb 09 of interest £28.05

Mar 2009 od interest £27.52

 

April 09 od interest £25.24

May od interest £27.45

Hun od interest ££27.82

July od interest £29.15

July 09 dep tfr to cdr account credit £2029.98

Interest od £28.62 and £10.65

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It was a bank account with a monthly subscription fee for extra insurances

 

so no monthly fixed sum fee?

thought you said it had a packaged account monthly fee?

 

those £75 ones can be reclaimed

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?459427-Reclaim-Packaged-Current-Accounts-Deal-Fees

Edited by Andyorch
Link added

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

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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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This is what I mean it's seems to have been edited I use to pay about £8 a month for mobile insurance breakdown cover and couple other things but none of that is shown.

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In regards to the 75 charges is it plus the 8% daily interest or have I got that confused with something else?

 

Thanks

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no at THEIR int rate.

 

use the CISHEET

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

put that in cell D15

 

as for the statements

they cant edit them all out

 

you sure it was this account that had the package?


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

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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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Yes 100% I remember using the phone insurance and the breakdown cover

I use to have my wage paid into the account as well and none of this shows either

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well if you used it you cant reclaim it

unless you know the figure of the 'payout' they gave you and take that off the PACspreadsheet

 

 

so just the £75 ones then on the charges reclaim sheet?


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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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Ok thanks does the same apply to welcome finance charges ? Can I claim those back plus interest rate they charged?

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oh yes!!

and any insurances too!!


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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Fingers crossed then thanks for all the advice so far

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Pretty sure I did not pay insurance to them think I'm the only one who didn't haha

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