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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of 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. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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weststreet

West v Lloyds ***WON***

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best of luckchuck we,ll be thinking of you.

  • Confused 1

john r

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Fingers crossed for you this morning Westy :)


reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Yep, thoughts are with you x


Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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best of luck weststreet cant wait to hear how it goes


 

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Just had a phone call from O/H - we've won ( which I am pleased about despite .................) :

 

He went to Court today obviously ........ he was up half the night reading/checking the paperwork .......... other side didn't turn up ...... was told the other side had sent a letter to him plus cheque, plus letter to Court saying they were settling ..... all correspondence dated YESTERDAY.

 

Sorry for the bad language but they are W*****S.

 

Anyway we won, which is the main thing. Now it's a metter of waiting for the cheque, what's the betting it's for the right amount ie includes correct interest and AQ fee ?

 

Thanks for all the support guys - seems like they're not ready for that test case yet !!

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Well I guess we knew this would happen. However this highlights again their complete disregard for the legal system. That said I am very very pleased for you. WELL DONE!

 

Let us know once you have the cheque in your hand x


Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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CONGRATULATIONS WESTSTREET ( AND O/H) )

i BET YOUR AS PLEASED AS PUNCH.

  • Confused 1

 

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Thank you all

 

Just spoke to O/H on phone again. He got a copy of the letter SCM sent the Court and the amount they've said they've sent by cheque is about right. Interest calculated up to yesterday !

 

So if anyone's freaking out, like I was ............. they really do leave it to the VERY LAST MINUTE POSSIBLE .

 

If Mods etc want to transfer this to the 'won' section....... I'll post back on Monday with the case number. O/H has the file and we're away this weekend. Btw charges were £ 1,692 interest £ 308 & court/AQ fees £ 220 : Total £ 2,220.

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Good stuff Weststreet. Wait till the cheque sinks in, then all that hard work will feel worth it :)

 

Very pleased for you :D

  • Confused 1

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Really pleased for you both. Fancy your OH rising to the challenge at the last minute. I know you are pleased, and so am I but another part of me wishes that it would all get sorted once and for all.

 

Still another battle won, now on with the war.

 

Congratulations and don't forget the survey and if you would care to donate something towards the cause I am sure it would be appreciated. Have a great weekend away. I'm sure you will.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Tee hee CONGRATS AGAIN do believe Lloyds have been on telly today bout charges don,t know what was said the poor dears!!!!!

Sent a donation and letter to court apologising for Lloyds misuse of the judicial system.

Have to see who else to write to apart from m.p.know theres a letter .keep at em...


john r

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Tee hee CONGRATS AGAIN do believe Lloyds have been on telly today bout charges don,t know what was said the poor dears!!!!!

Sent a donation and letter to court apologising for Lloyds misuse of the judicial system.

Have to see who else to write to apart from m.p.know theres a letter .keep at em...

You could write to the Office of Fair Trading.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Can't imagine how I've missed your thread Westy, but all the more pleasing to come across yet another success. It's been a long, hard road since 13th April, so all the best to you!

CONGRATULATIONS!

 

Elsinore


BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Congratulations Weststreet!!! A long old slog by the looks of it but worth it eh?

Enjoy!

Saj x


SEE MY THREAD HERE...http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7358-saj-lloyds-tsb.html

Data Protection Act letter sent recorded delivery 15.5.06

Compliance 1.06.06

PAR letter sent recorded delivery 7.06.06

1st denial received 13/6/06

LBA letter sent recorded delivery 21.06.06 (received 22/6)

Moneyclaim filed 7/7/06, Served 15/7/06

Allocation questionaire returned 28/8/06

Court date 1st December :lol:

SETTLED UNCONDITIONALLY IN FULL 5.10.06

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CONGRATULATIONS

WISH I COULD BE POSTING SIMILAR REPLY, BUT NOT YET!

ENJOY IT.


Truth fears no questions.

MyzeeJon88 ;)

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well done west it must be good feeling getting your own money back again ,,,congrats


brendans3

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This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4807 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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