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    • The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet.   I would like to get a defence in before the end of this week, can anyone help me put together a defence?   Thanks
    • There were express terms of repayment of the capital plus interest over 60 monthly instalments.  However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?   P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them  to ‘call in’ the entire amount of interest on the 5 year loan?  Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.   If you have any thoughts on the above they would be greatly appreciated. 20191120102845876.pdf
    • Just to add, I completely agree with you that a contract to prevent her leaving the employment would be completely unenforceable. However she properly should realise that the situation may be referred to in any references provided to her for a future job. Who is the employer? Their approach to this problem – which of course has been of their own making, is frankly bullying and unacceptable.
    • Please follow the link and read on this forum about estoppel. If she has received the payment completely in good faith – meaning that not only did she accept the fact that the payment was made properly and with authority, but also she had no reason to suspect that there was an error, then she will be entitled to say that they were estopped from recovering the payment – assuming that she no longer had the money and she had not used it to improve her lifestyle beyond what was normal for her. From the sounds of it, she may not be entitled to rely upon the doctrine of estoppel. You say that she was working 20 hours and she received 30 hours – which is a very substantial overpayment. She would have to persuade a court that she really had no way of suspecting that the money she was receiving had been paid to her in error. The courts apply very high standards if people try to rely on the doctrine of estoppel by way of a defence. In terms of them refusing to allow her to leave, they have no right to do this. It's complete nonsense – although they may well decide to hang on to any payment which is owing to her including holiday pay et cetera and she would find it very difficult to deal with this.
    • Hello All,   A friend of mine started work for a care home around eleven months ago.   From the very start they over paid her and it has just come to light.   I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).   The company has now demanded she repay the over-payment.  I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500.  (Please don't comment that this was a huge number that she should have noticed, I already know!).   At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.   I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place.  She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.   I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are. 
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BonM

Arrow/Shoosmiths claimform -Halifax OD Court Claim form Received

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Hi Guys,

 

Just checking something out and was looking for clarification.

 

On my Equifax report, it states that an overdraft I had with HBOS.

 

First late date payment was July 2011, then subsequent months late and then shows as defaulted in January 2012. I'm assuming as it shows, this means no payment since June 2011.

 

The debt appears to have then been sold to Arrow Global as they have listed the default on Equifax in January 2012.

 

I have never once communicated with Arrow Global on this. I obviously haven't made any payments to HBOS regarding this.

 

Today I received a letter from shoosmiths asking for payment or even a partial payment to clear the entire amount in full and final settlement. It looks like to me they are clutching at straws and this will become statute barred as of June 2017.

 

Can you confirm if I am correct?

 

Thanks

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retitled and moved to hbos forum

not sure why you mentioned or used the DMP forum

 

arrows are a DCA and shoo's are their in house sols.

but the truth is

its all an automatic threat-o-gram generating pc system on the same printer.

 

if they are offering discounts

and if you are still living at the address that you took the account out at

then i'd ignore them

 

but never ignore a claimform.


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Hi Guys,

 

Help needed with this one.

 

I have posted two items below,

one is a letter before action from shoosmiths for an old Halifax debt.

 

I think this is statute barred or due to be statute barred later this month or July 2017.

 

The reason I think this is because I have checked my credit file (pic posted below) for this debt and it defaulted July 2012, last payment was June 2012.

 

I have never had any contact with either shoosmiths, arrow global or Halifax regarding this since then.

Certainly not with arrow global or shoosmiths.

 

I contacted Halifax and they have no record of me on their files whatsoever that they could access to tell me any information.

 

I am unsure whether to send statute barred or CCA,

could someone kindly advise which would be best according to info below?

 

Thanks so much.

 

 

6267a5a3-d23a-4933-8d9e-7ed252a5abcc_zps81qjpimn.jpg

 

 

credit%20report_zpsfxlid267.jpg

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its a current account

you cant CCA a bank account theres no agreement

and its not SB'd if you paid june 2012

+ 6yrs..

 

 

get an SAR running to HBOS

get all the statements and get prepared.

incase they do file a claim.

 

 

have you moved since you took this out?

dx


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old and new threads merged

 

 

dx


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Hey dx,

 

Hope you're well and thanks for confirming.

 

I have moved since I took this out yes.

 

Do I not need to respond to Shoosmiths in any way?

or should I just ignore and send the SAR to HBOS?

 

Thanks.

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yes just read your other thread

thought the name rang a bell....:whoo:

 

yes we need to have a think about this one for a while.

 

as you cant CCA but need to inform of new address to prevent backdoor CCJ.


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I just realised, the last payment was June 201, not 2012. They have shown it as defaulted on January 2012.

 

June 2011* not 2012

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how much are they after?

 

 

dx


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approx. 850 gbp

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then I would suggest that the balance is all unlawful penalty fees and the interest they have caused till account closure

 

its a threat yes but it does say will twice

now its now quite close to being statute barred

and is made of mainly penalties which is why HBOS wrote it off and sold it on I expect.

 

we could use the SB letter

and tag on the end about the charges.


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Thanks dx.

Is that just a thought or a definite recommendation?

 

It's definitely way above what my overdraft limit would have been.

 

I'll send off the SAR to HBOS asap.

But how to deal with shoosmiths for sure?..

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we'll knock something up.

 

 

but it goes to arrows


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ok thanks dx, you're a legend.

 

I've drafted a SAR for HBOS, will this suffice?...

[template removed - dx]

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what does the first line of the template say?

 

 

dx


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head the letter

I do not acknowledge any debt to you or any client you make represent.

 

 

if any outstanding balance is legally owed after the time expired so far and legally outstanding...

I will vigorously contest any issuance of a court claim stating:

 

 

The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments and the associated interest attributed to such.

 

 

A 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.


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Thanks so much for your help dx

 

Do I send this just to arrow, or do I also send to shoosmiths? Or do I send to both?

 

Do I also send statute barred as you mentioned before, or just this?

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might not be sb'd depending upon T&c's etc

it is implied anyway if you read the letter....

 

 

goes to the owner.

 

 

dx


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Thanks dx will get sent off today to Arrows. Much appreciated.

 

Ok all done. Both sent off. The SAR with the PO stat amount.

 

Have proof of purchase and proof of postage and sent recorded signed for.

 

Also ensured to staple the PO to the letter.

 

Sit tight and await responses!

 

Thanks again for your help dx

 

Dx just found this on Shoosmiths website.

 

Neither they not arrow global have done anything listed in this article by way of protocol.

 

http://www.shoosmiths.co.uk/client-resources/legal-updates/are-you-ready-for-the-debt-pre-action-protocol-12587.aspx

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not really

dca's don't abide by rules or guidelines from day one on most supposed debts they chase


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

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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you've been here more than 6yrs and you've never discovered CAG is a SELF HELP FORUM too?

have you even bothered since then or indeed april bothered to LOOK at other threads to help yourself?

there are 1000+ threads here AND a sticky that TELLS you what to do when you receive a claimform

 

 

I also find it very disrespectful that you bump a thread in less than 1hour wanting help

we do have our own lives too.

 

 

claimform open scan removed

we don't need to see that..

 

 

please fill this out:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**


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

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Thank you Honeybee, I had no idea it was moved, this makes sense. Much appreciated.

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Hi dx.

 

 

I certainly have looked at other threads and posts and done research, but I'm not an expert which is why I'm also asking for advice on CAG. I know what o do with regards to a claim form, I was asking for help in terms of defence.

 

 

With regards to the "disrespectful" part of your post, I couldn't find this thread anywhere in the DCA forum which is where it was. So when I posted the claim form, I was confused as to why the thread did not bump to the top of the DCA forum, as that is where it appeared last. I then posted that 2nd post "bump" as you call it, to see if it would show up again, and it did not.

 

 

Honeybee has just informed me that you moved it to the Financial Legal Forum. I was not trying to urge someone to attend to my needs quicker or be disrespectful, but I can see how it may come across.

 

 

If you don't want to help me, it's not a problem. To be perfectly honest, you've always been quite rude and make lots of assumptions. I appreciate each has their own lives, and nobody is more important than anyone else, so why you choose to take such views is beyond me. It costs nothing to be polite.

 

 

If you want to help me, thank you, I really do appreciate it. If not, I guess I will have to figure it out for myself.

 

 

Thanks for your help so far, it REALLY is appreciated.

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Once you receive a claim form, the thread normally moves to Financial Legal, BonM.

 

HB


Illegitimi non carborundum

 

 

 

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