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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 ? 
    • you still got that spreadsheet I did for you?   dx  
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dr fox

Shortfall in NI Contributions

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Hi,

Got a letter in today with a demand of £600 for a shortfall in my NI contributions from 2011 - 2015 which was 100% my fault. The letter basically said if it was not paid then they would pass it to a debt collectorlink3.gif although no date was given as to when it had to be settled.

 

Called HRMC today and spoke to a guy who was great and advised that i could set up a payment plan but had to transfer me to their debt section to arrange this.

 

Got through to a very arrogant [removed] woman who asked for the full amount to be paid today. I explained that due to the time of the year and my tax bill that was due (Not her fault i know) that i didnt have a spare £600 to pay in one.

 

She told me she could take £190 today and the rest would need to be paid by January. Told her that i could pay £100 per month but she said no this is not something that can be paid over that length of time.

 

She then told me to get a small loan or borrow the money. I told her i wouldnt be willing to do this. She then asked me why i had called her if i wasnt willing to make payment. I really had to just put the phone down on her as i didnt like the way i was being spoken to.

 

Anyway, It was my fault and not theirs and I have to pay it. I could pay it all today but that kind of drains me over christmas.

 

So my question is there any way that i could get them to accept a payment plan or do i just give in?

 

 

Ta

Edited by honeybee13
Possible racist remark removed

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phone the person you first spoke to and tell them about the behaviour of the lady and say you want to make a complaint and who do you write to. Then explain about requiring 3 months to pay it off and say that you will not speak to that individual again so can they suggest an alternative. Try and record your conversations, even if it is with a dictaphone. Then if they are rude you can let them know afterwards that you have recorded them and will be sendinga copy of the tape in with your complaint.

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Hi and thanks for your reply.

 

I just bit the bullet and paid it off as i would be stressed having that over the christmas period. At least i can now be stressed at being skint over christmas unless the work come in again :|

 

When i called them it did say calls were recorded so i left feedback for the person who wasnt helpful. I honestly wasnt expecting to be spoken to like that so she caught me unaware.

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Ask for a copy of the recording.

You will then find out they have lost it or the recording equipment wasnt working that day.

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They have to be quite forceful when speaking to customers on the phone, otherwise they wouldn't get payments at all. Don't forget that this team deal only with people who owe tax, whatever the reason. Their aim is to get as many full payments as possible and knowing your tax history they have a good idea whether you can afford to pay or not. They have heard all the excuses and being a little short at Christmas won't wash with them, that just proves to them that you have the money. They see it as a priority debt regardless of where it sits in your list or priorities.

 

All calls to the debt team are recorded. The complaints team will listen to all your recent calls if you make a complaint.

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They have to be quite forceful when speaking to customers on the phone, otherwise they wouldn't get payments at all. Don't forget that this team deal only with people who owe tax, whatever the reason. Their aim is to get as many full payments as possible and knowing your tax history they have a good idea whether you can afford to pay or not. They have heard all the excuses and being a little short at Christmas won't wash with them, that just proves to them that you have the money. They see it as a priority debt regardless of where it sits in your list or priorities.

 

All calls to the debt team are recorded. The complaints team will listen to all your recent calls if you make a complaint.

 

It was class 2 National Insurance and she had all my tax information in front of her which shows all my tax returns are upto date as well as my tax bills. The bill that they sent had flagged up due to the new system where they now collect NI along with the tax. So i assumed that the class 2 was still being taken from my Direct debit but for some reason they stopped taking it. My fault for not noticing it but their fault for not collecting it for whatever reason, so when they send you a bill out of the blue i should been the one pSSd off but i owed it and paid it.

 

I appreciate that they do have to be forceful to get payments but i was phoning to arrange a payment plan but there is a difference between that and being arrogant and rude. No need for that when i was trying to pay.

 

I actually was struggling to also make her out, maybe there calls are sent to Nigeria !! Paid by bank transfer just incase !! Yep that was a dig !

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