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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, 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 credit Act 1974.   7. 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.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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Too,MuchHaddle

Entered into the wrong paymrnt plan in error

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Hello all,

 

I normally just look at these sites but after seeing the helpful replies I thought why not.

 

In Nov 2014 I had missed two payments on a card, and I was aware by this time that hiding did no good,

 

I called Capital One to explain I was starting a new job and it would be maybe 1-2 months until I could get the balance back within it limit (which I did).

 

I was then sitting on £227.57 on a £200 limit due to charges and interest.

The advisor said sure, we can setup a payment plan, but no mention of the different types.

 

I got an expenditure form and filled it in.

On the form there were two options longer and shorter (max six months) in section 8.

 

The £10 per month I agreed to pay was double the interest on the account if within it's balance (I think 28%)

 

I thought well, they are giving me the option I will take the longer one, not realizing it had consequences.

Oh boy what a mistake.

 

This option defaulted the account immediately.

I never received the letter they said they sent about stating this so it went untoticed until around a few months ago when I did a credit check.

 

I contacted the financial Ombudsman who said they decided in the companies favour.

I have since replied stating a few facts they got wrong and are now reassessing.

 

The thing I feel is wrong that nowhere on the form I filled in explains the two options or their consequences.

 

I had a look on the consumer report and wondered if it applied?

 

I had a look on the consumer act and seen the below which I don't feel applied to the agreement form I filled out.

 

55Disclosure of information.

 

(1)Regulations may require specified information to be disclosed in the prescribed manner to the debtor or hirer before a regulated agreement is made.

 

[F155APre-contractual explanations etc

 

Before a regulated consumer credit agreement, other than an excluded agreement, is made, the creditor must—

 

(a)provide the debtor with an adequate explanation of the matters referred to in subsection (2) in order to place him in a position enabling him to assess whether the agreement is adapted to his needs and his financial situation,

 

(2)The matters referred to in subsection (1)(a) are—

 

©the features of the agreement which may operate in a manner which would have a significant adverse effect on the debtor in a way which the debtor is unlikely to foresee,

 

Any advice?

 

I seen a post somewhere else that said anything detailing to time and action should be more profound in size/bold/undlerlined. In the defult letter, i never got its all the same size.

 

I think they also kept the older higher amount on the default notice.

za1.pdf

za2.pdf

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This option defaulted the account immediately.

I never received the letter they said they sent about stating this so it went untoticed until around a few months ago when I did a credit check.

 

Subbing, they have done this with me. How can they default you, when you don't owe them anything?

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Subbing, they have done this with me. How can they default you, when you don't owe them anything?

 

Did you select the wrong option on the form in error?

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theres nothing wrong

they are entitled to default you

you were not paying the required amount.

 

 

cant see nor have I ever heard that one defaulted the other didn't.

 

 

wheres that come from?


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.

 

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Well I selected the longer payment option, and as you can see by the image above on the credit report its defaulted. I contacted them in Nov when I was £17 over the limit, and the default was placed in December. If I had of done nothing all I would of had is another missed payment.

 

When I spoke to a manager after seeing this report they said I don't even know why they suggested a payment plan considering you were only a little behind and starting a new job, the account wouldn't have even triggered action until after 4 late payments. They had a look and referred it to their credit reporting section who said no.

 

Basically if I ticked the other box everything would have been fine and I would have been on a payment plan for 6 months. The other option defaults the account as they said I was unable to meet the minimum payments.

 

This is what the website also states without mention of a long-term option that defaults. If they don't provide this information anywhere how are you meant to know.

 

A payment plan makes it easier to get your account up to date by:

 

 

  • Spreading your payments over a longer period
  • Temporarily stopping any late payment and overlimit fees (you'll still be charged interest on your balance)
  • Preventing your account from defaulting
  • Showing on your credit file that you're trying to get back on track

If you're eligible for a payment plan, and you miss one of your plan payments without contacting us, we'll ask you to pay the amount required to bring your account up to date.

Edited by Too,MuchHaddle

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no you are reading it wrong, though cap1 in their letter shouldn't have used the same term- long term.

you would have been defaulted anyway.

 

 

dx


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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no you are reading it wrong, though cap1 in their letter shouldn't have used the same term- long term.

you would have been defaulted anyway.

 

When you look at their website it shows payment plans don't have defaults.

 

http://www.capitalone.co.uk/support/here-to-help.jsf

 

I have already confirmed with Capital One managers that only the long-term option defaults the account, and they wouldn't have taken any action until 4 missed payments.

 

 

I had contacted them after 2, and due to returning the leaflet they defaulted me on the third.

 

 

If they had of said look if it's not paid within 2 months it will default I would have paid the interest also. I had it back in balance by then.

Edited by Too,MuchHaddle

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then the only real thing you can do is start a formal complaint to them

expire that

and then off to the FOS or the ICO.


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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I've a complaint open with FOS. I've never heard of the ICO.

Edited by Too,MuchHaddle

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I've a complaint open with FOS. I've never heard of the ICO.

 

If you haven't already, click on ICO in your previous post and you'll go through to a link.

 

HB


Illegitimi non carborundum

 

 

 

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