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    • 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?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
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marco23

blemain adding £1000's in charges - help

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claim form is a last resort. get all your paperwork sorted and go through procedure first. Or youll fail. hard.


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..

 

 

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claim form is a last resort. get all your paperwork sorted and go through procedure first. Or youll fail. hard.

 

OK, tomorrow i am going to pay a lump sum into each account this will reduce the loan balance and put the loan back on course for ending in ten years,,i have printed out the SAR form and this will be posted tomorrow. is that all i need to do for now???

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i wish you well marco23 take care)

 

martin do you know what RED HERRING means ? i think we just had one.

 

because of my claim site team i am very sorry if you get sleepers etc its properly cos my case will really shake blemain, and at the end of the day,

 

its long overdue sorting them out and my life under games of blemain has to end and thats that.

 

I wish mark well who just posted and us claimers will carry on).

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Yes i am aware of what a red herring is, maybe you could elaborate why you think there is one?


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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The only bonus marcus will be blemain properly havng to pay all BONUSES back,

im not on about our REFUNDS

im on about what blemain got for colour code loans.

 

 

I certainly would nt call what i had stolen from me a bonus anything coming back.

 

 

Im sure you know blemain well and the tricks they play.)

like the mark from blemain that came out to my home

he told me he had worked for blemain over 12 yrs, this was from when all the loans that are now in court were done.

 

 

Thank heavens for courts and judges, or the customers under blemain, would stay all dictated too and no way out or get release.

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Hi martin2006 ive been wishing for more rain, as few days ago late at night a car went past my home

there was a loud bang

 

i went out and a large container with black engine oil in hit my pavement and spun round and put all oil everywhere it landed at my neighbours over hers too.

 

Oil still outside .

 

The container was put in neighbours bin now and dustbin men took it.

 

I do have a question martin if i needed to talk to consumer forum do i email or what number is it?

 

 

I am ok at min, just asking really.

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Just looked up on line how to get engine oil off, says use washing detergent so next we have bubbles out there. Im sure my neighbours young 4 children would come out and play with bubbles everywhere thinking its fun time? not. bless them .

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cat litter or sawdust

or all the better ring police 101 and tell them there is oil on the highway and pavement

should you be doing anything about it as its dangerous?


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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cat litter or sawdust

or all the better ring police 101 and tell them there is oil on the highway and pavement

should you be doing anything about it as its dangerous?

 

Thank you for reply dx100uk its not on road, thank goodness it landed over path and nextdoors garden ,once the children nextdoor gone bed i will go and put some cat litter on whats left now on pavement. My neighbour is parshally blind so she may fall if not all rest of it cleared up. Luckily i got cat litter in so thank you for tip. Nextdoor has had a lot of visitors this last wk and they park on her drive so any oil on the grass should be clear now, but nobody done whats oil is left on pavement ,its rained but not cleared all hopefully after tonights cat litter. Been just over wk now since it happened. Nextdoor s visitors next day first stuck the can next to my hedge/hers hedge which joins nextdoor garden to mine i saw where it was put next day, so i quickly picked it up stuck in her bin near hedge and i got oil over me. I will go out soon tonight and do path).

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i was going to ask the other day but forgot-

these secured loans, can anyone explain to me how they work, i mean the repayment shedule,,with Blemaine does the balance not really start to come down until half way through the term

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Marco you have a legal right and they have a legal duty to supply to you a full and understandable breakdown of your account, if it is not clear what charges / fees have been added then write and ask them to produce one.

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I have had numerous dealings with these.

 

 

These people are bullies and sharks

-they will do anything they can to either eat into your equity

-try get rid of you

-threaten court action constantly.

 

 

I must have been in court with them 4 times and they have never won

-now they are at it again

 

 

-stand up to them they will try wear you down but stick up to them

-NOBODY LIKES A BULLY.

 

 

I wrote and ask for a detailed explanation of all charges on my account over £30

suddenly they refunded 10k to my account quoting 'HUMAN ERROR'

 

 

I suggest everyone who has any dealings with this shower does the same.

I will keep posted about my latest drama with these Sharks.

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wow hun x at last a new begining ) i feel depressed at min cos my dentist has said my front top teethso loose need removing he has booked me in again october, but the 2 teeth may not last till then (and fall out or emergency dentist i told him i want to keep them as long as i can i cant eat on front teeth at all now, that 8 teeth grinded out and now 2 more need pulling out all through utter torment and no respect for me by a company who just took from me, not hearing my cry for help and set me free. iM FED UP WITH PEOPLE STARING AT MY TEETH LOSS AS I HAD GREAT TEETH AND FOR A FEMALE ITS MOST UPSETTING PHYSICALLY AND MENTALLY, IM SO PLEASED FOR YOU SUFFERING :smile:

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I cant comment on my claim at min, cos its being dealt with by court and im waiting for outcome right now .

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Any update on your case Marco?


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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hi again to all,not been here for a while, anyway here goes-

 

I have two accounts with Blemaine Finance/ Together, both accounts are serviced up to date however i have had charges applied when i lost my job around 7 years ago, i have been chipping away at these over the years to stop the interest mounting up, i want to look at reclaiming the charges 'if that's possible' the charges are described as follows-

 

Multiple letters at £35.00

Dishonoured receipt charge £35.00

Cancellation of building insurance £75

Building insurance block policy charge £30

Building insurance £30

Monthly arrears charge £33

Letter £35

Visit £100

 

These are not one offs except the visit, Total combined charges just about fall short of £3k.

 

if anyone could point me in the right direction as regards to reclaiming it would be most appreciated

 

thanks to you all

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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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