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    • Particular Of claim   1. By an agreement between Lloyds Banking Group & the defendant on or around 13/05/2003 (“the agreement”) Lloyds Banking Group agreed to loan the defendant monies.   2. The defendant did not pay the instalments as they fell due. The agreement was terminated following service of a default notice.   3. The agreement was assigned to the claimant.   4. THE CLAIMANT THEREFORE CLAIMS: 1) £8704.42 2) COSTS     Defence   The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made.   1.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 admitted that the claimant has sent details of a current account with an unknown account number but has no connection to this this claim or alleged debt. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. Paragraph 1 is noted. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the details of alleged debt the claimant refers to nor have they referred to any account number within its particulars. I have therefore sought clarity from the claimant and requested further in formation which at this time they failed to comply to my request.   3. Paragraph 2 is noted. However, as above the alleged debt is still unknown and further I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   4.Paragraph 3 is noted. As above as the debt is unknown its immaterial and I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   5. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant has failed to comply with either requests and in particular my section 77 request and provide a valid copy of the agreement and therefore remains in default of my request and is prevented from enforcing the agreement they wish to rely on.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.               1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.
    • the court should have written to you acknowledging your defence filing?   dx  
    • thanks, will do.   For some reason, I can't delete the first attachment
    • 2 posts hidden docx files contain all your pers details in file properties/info just post them here as plain copy and paste text next time. or PDF don't use docx.   dx  
    • Yes that’s correct.  A secured loan not a mortgage.    thanks for confirming original creditors don’t do court. But if they pass debts to a collection agency, can they apply for a CCJ by default as I’m overseas and then apply for a charging order against the property?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

CCA sent 2 yrs ago, no response; now getting letters


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HI

I sent CCA to Lowells for 3 different accounts.

I had no response this was in 2014.

 

 

I have now received pre-legal assessment letters.

I have kept the post office recipts as I sent recoreded with 1 pound postal order.

I also sent to Bryan Carter as well.

(he respoded was on hold until could get info)

never heard back from any of the creditors until now???

 

How do I prove I sent CCA if it goes to court?

and do I need to send another CCA as its been 2 years??

 

Any help thanks

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No never give them a second opportunity to provide the CCA.

 

You have the evidence you sent your lawful request, they failed to respond.

 

Who is sending these missives?

 

When did you take these accounts out and what are they?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Although you say you have kept the postal receipts, have you kept copies of the request you made?

 

I would respond in writing with a copy of the request and say to them that they have so far failed to respond to your requests dated XXX, copy enclosed. You deny the existence of any debt and you invite them again to supply you with the CCA.

 

Tell them that any attempt to take you to court and you will provide the court with all the evidence that they have been unable to respond to your statutory request and that they are treating you unfairly

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HI,

I think I have copies of the letters on my old Laptop.

 

 

But although I have the receipts for the postage they are too old to track now,

Ive tried on the post office website.

 

 

the debts are for shop direct catalogues. Taken in 2012

.these haven’t been paid due to illness,

 

 

I am wanting to make a full and final to get this removed from my credit file as I want to buy a house in the next few years as I am expecting.

 

 

I am coming into some money from a family member soon and want to use to clear my credit file. But do not want a CCJ in the mean time.

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Paying them off now will do nothing to clear your credit file, that's a myth creditors and DCA's user in order to get people to part with their hard earned!

 

You have receipts for the postage, that's all you need to prove you sent them.

 

The defaults will drop off your file on their sixth anniversary paid or not.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have read on CAG, that a full and final agreement is where you don't accept liability and you make it a part of the agreement that it is removed from the credit file if payment accepted??

 

For them to accept a F&F payment you would ideally need to prove that what they have is unenforceable in court, and that your offer will be the best they are likely to get out of you.

 

They won't as their greed knows no bounds.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have read on CAG, that a full and final agreement is where you don't accept liability and you make it a part of the agreement that it is removed from the credit file if payment accepted??

 

Hello

from what I have read from this site is that is very very rare that if you do a Full and Final agreement

it will only ever show as settled, never removed so stays on your CRA regardless.

 

Regards

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They will drop off in 2018, better to use money to save towards a deposit than give a fleecer coin unless they send a Court Claim.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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They haven't provided a response see to your cca request so they can't get a ccj. Stop worrying about it. It's just a phishing attempt to try and get money from you.

 

If they're stupid enough to go to court;, then you use the no paperwork defence.

 

Meanwhile get a sar off to the occasion and get reclaiming what you can.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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penalty charges, PPI etc . Depends what accounts theyre chasing.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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paying off defaulted debts does NOT get the defaults removed

 

paid or not they are there for 6yrs.

 

go on holiday with the money

don't waste it on a fleecing DCA

it wont improve your score

nor chances of a mortgage.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes, if defaulted, then thats usually there to stay for the 6 regardless (unless its in error).

hence if already defaulted, then dont bend over for them. take it as far as poss.

IMO

:-):rant:

 

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Ok I have read on another forum,

where a gentleman did a CCA request,

 

the bank could not fulfil the request as they did not have the paper work and there for removed the default.

I am presuming Lowell have NO evidence as they're ignored my CCA. this is the quote from the forum "

 

The strategy relies on the fact that a Default warning letter was never sent out.

The law states that before a default can be issued the lender has to send a default warning letter.

This is an official looking letter that offers the customer a final 28 days to settle.

The letter also includes details of what a default is, and the effects of one being lodged against your name, ie might struggle to get new credit

If you want to continue then you'll be arguing the default issued against you was done so illegally because the correct paperwork procedure wasn't followed.

In effect you are going to be arguing on a technicality."

So I am hoping to argue on this basis that the default be removed?? any thoughts?

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The ICO guidance on defaults doesn’t seem to mention anything with regards to the creditor proving the debt is yours via a CCA??

 

Surely if you are disputing legality of the credit agreement, as no proof of agreement.

 

ICO state default can be noted on credit file if agreement terms are not met regarding payments.

 

If there is no proof of an agreement then surely this doesn’t stand?

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no sadly you are reading a very old site with very old advice.

the three letter syndrome ...

 

 

no CCA nor proof of DN does not mean default removal today

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It's been there for the last 4 years, if you really wanted it removing then you would/should/could have done something about it at the time it was placed, exactly the same as the OC wanting their money back, they could/would/should have gone after it themselves within the first year you defaulted, they didn't.

 

SO it's of little importance to them, simply because they have recovered their losses from their insurance, and made some profit out of it, by the sale of a portfolio of debts, which will have contained yours, and sold for as little as 6p in the pound.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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