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    • Why should I not mention that my wife was driving? Excel already know this, AND that I still have the ticket, from my original letter to appeal to the fine from two years ago. They still rejected it, just saying it was not clearly displayed. The court don't know any of this, so surely they'll throw it out once they know all the facts?   I'd just like this to go away, I don't want to drag it out any further and appeal against them, I could just do without the hassle.
    • Particulars of claim please :   Frustration of Contract and Unfair terms in relation to a request of the refund monies paid when no service provided for wedding event on 23/05/2020 as agreed or at any later date up to date of claim or thereafter. 1.       On 01/04/2019 we confirmed our booking for 23/05/2020 for 350 guests. Please refer to document titled “Wedding Reception Contract”.  There were no terms and conditions attached nor were they provided to us.  2.       We were pressured into make a full payment of £7,700 to secure the date for 23/05/2020, as the dates would not be guaranteed without a full payment.  Full payment was made on 02/04/2019. 3.       On 15/12/2019 we contacted the Events Manager who informed us that she was no longer employed by Goosedale Limited. 4.       We made a number of calls but none of these were returned.  We finally made contact with Mrs F on 13/01/2020 to explain that we understand our Events Manager has left and who would be the new Events Manager.  5.       An on-site appointment was made on 20/01/2020 at Goosedale, together with our wedding catering provider but this was double booked and we were seen by the admin officer who had limited information as our wedding plans. 6.       On 20/01/2020 after the on-site appointment the new Events Manager, Mr xxxx contacted us he would be the duty manager on the wedding day.  7.       On 21/01/2020 Mr xxxxx sent us the catering pack. 8.       On 29/02/2020 we had an on-site meeting with Mr Nick Singh at 10am. 9.       On 05/03/2020 Mr xxxxx sent us a summary of the on-site discussion. 10.   On 20/03/2020 we emailed Goosedale Limited requesting an update for alternative dates or refunds following Government Guidelines regarding COVID-19.  Mr xxxx responded that Goosedale Limited would be postponing events booked for April and May 2020.  Alternative dates were the only option and no refunds were available. 11.   We provided alternative dates none of which were available for Goosedale Limited. They confirmed they had no availability for July 2020 and August 2020 in any of their rooms within their venue.    12.   On 23/03/2020 we requested a full refund as the original wedding date for 23/05/2020 could not go ahead. Mr xxxx confirmed that Goosedale Limited would not be issuing full refunds and attached the Terms and Conditions.  This was the first time we had seen this document. Following his refusal to return the full refund, we offered Goosedale Limited to hold onto out deposit and return the rest of our money until the matter was resolved. 13.   In the absence of a response from Mr xxxx, we further emailed him on 26/03/2020 and requested an update. On 27/03/2020, Mr Nick Singh offered us 18/07/2020 for 350 guests which we agreed and received another booking confirmation on 30/03/2020. 14.   Due to rise in COVID-19 and the uncertainty with events going ahead in July 2020, on 17/04/2020 we secured an alternative date for 350 guests to take place on 08/10/2020 in line with the original booking. Unfortunately, we have not received a booking confirmation for this event. 15.   Wedding venues remained closed until 15/08/2020 and now allow for 30 sit-down guests only. 16.   Goosedale Limited have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction. 17.   No further communication was received from 17/04/2020 until an email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”. 18.   On 04/09/2020, we wrote to Goosedale Limited requesting a full refund.  A Letter before court action was issued giving Goosedale Limited 14 days to refund the money. 19.   They received the Letter before Court action on 6/09/2020 in which the request for a refund in full was made, this was sent by recorded delivery which was logged as Received by them and documented the facts to claim a full refund. 20.   We have received no communication to the Letter before Court action and have incurred costs up to that date, in trying to resolve the matter.  Goosedale Limited have remained silent on the matter and have no disregard about how this has affected us financially 21.   We have been subject to unfair practices under the Consumer Rights Act 2015 as Goosedale Ltd have refused a refund “stating no refunds available under any circumstances”. 22.   The CMA issues guidelines on 28 August 2020 (attached) which confirmed that the Contract has become frustrated, and the Terms No Refund are not legal terms to be imposed on customers, who have to cancel due to the COVID. 23.   We have tried to be reasonable under the Circumstances including working with the Venue to rearrange dates right up to August 2020 however it has become clear that, the venue can not provide the service we have paid for since 23 May 2020, and they have unreasonably held on to our funds, without providing any service under the Contract. 24.   We have no additional contracts with the Venue and they have imposed terms which deny a refund, despite informing them in the Letter before action that we  request a refund of the full amount, this now includes interest from the day the Service was not provided up to the date of Trial, as we have been reasonable throughout the conduct of this matter. 25.   We have now had to face additional charges and costs which we will ask the Court to award at the Hearing, we can confirm that we have attempted to resolve this matter amicably since March 2020, but have been met with a blank excuse to deny a refund. 26.   The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale Limited are not in a position to provide this service. Legislation : We have made Goosdale aware of the legislation we will be relying on below, again we have waited for a response and this has not been forthcoming. GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020. https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds The Consumer Rights Act 2015 Unfair Terms https://www.legislation.gov.uk/uksi/1999/2083/contents/made The Consumer Contracts Regulations 2014 https://www.legislation.gov.uk/uksi/2013/3134/made
    • can you pop all those into one multipage PDF please so we can Zoom and not have to take all day to download single page files. read upload carefully  
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • POC   1.The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   2' The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded.   3.As at -/-09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281.   4.By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective -/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter.   5.And the Claimant claims- 1. 397281 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from -/09/2019 to -/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010   Try this: from my files...   Defence  1. 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.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date XXXXX a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied 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 and evidence any cause of action and service of a Default Notice  (c) 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;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. 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 82 A of the consumer credit Act 1974.    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.
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Arrow/eversheds trying to enforce 2009 suspended repo GE money


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OK, I can almost guarantee they won't even read the second page but if you feel you need to write so much then send it asap - by email and then by recorded post. Make sure you keep a copy of the letter and the income and expenditure sheet (I assume you have detailed every expense and left just a tiny amount left over ?) so when they ring to discuss it you have it in front of you and are not caught unawares in answering their questions.

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Hi Andy,

 

Arrow, by instructing their solicitors Eversheds have made an application to the court for permission to enforce the suspended possession order. I uploaded the documents yesterday - is this what you mean?

 

On Evershed's N244 they only state the following wording in the evidence section:

 

“The claimant is seeking possession to enforce the suspended possession order dated 23rd November 2009 as the time for enforcement has expired.

 

"We took over conduct of this file in December 2017. The previous solicitors filed a summons of possession of land and a particular of claim. A hearing was listed for 23rd November 2009.

 

At the hearing on 23rd November, a suspended possession order was granted upon payment of the current monthly arrears plus £69.87 per month towards the arrears.

 

The reason for the delay in issuing the warrant of possession is because the claimant considers repossession as the last resort.

 

The Claimant wishes to enforce the order dated 23rd November 2009 in an attempt to keep costs to a minimum as opposed to issuing fresh proceedings, which will incur additional costs.

 

We therefore humbly request that the honorable court grants permission to the clamant to allow us to issue a warrant of possession to seek eviction without delay and at the earliest opportunity”

 

So, no specific details of my breach of the order in there but they have attached a statement of my account to the N244 showing payments and interest plus fees applied.

 

I have received a letter from Arrow showing the outstanding balance and the arrears balance on their latter dated 4th December advising me that have instructed their solicitors to ask the court to set a date to take possession of my property.

 

So no actual evidence or statements of missed payments attached to their application in support of ?

 

If you could answer my second point...it is vital in defending their application.

 

" Also have you received any statement from Arrow showing the Capital and Arrears outstanding ? "

 

Are they still separate figures ?

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Hi Andy, Eversheds have attached to the N244 a statement of arrears for my account from 23-05-2008 - 30-11-2017. It is a list of all my payments, those missed, fees charged.

 

I have not received a statement from Arrow showing the capital and arrears outstanding, just two separate figures quoted on their latest correspondence.

 

It is interesting that the statement of arrears was dated 30-11-2017 which is the same date they wrote to me to inform me my rate had gone up and advised that they would not be increasing my payments to reflect this until I had spoken to them.

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  • 3 weeks later...

Hi Rachael

 

I know it's a little late in the day to be commenting on this but I just came across it just now. Have you heard anything further from Arrow? There are a few points that I would like to raise.

 

It seems that it has been Arrow that has been stopping you making the payments smoothly. They should have had something in place immediately they took over so that you could continue the arrangement with them whilst requesting you complete an income and expenditure for their own files to get an up to date situation with your finances. They have made this very difficult for you.

 

YOu have sent off 3 income and expenditure forms which supporting evidence of your payment plans. They already have that but it seems they are stalling for time asking for more.

 

Do DCA's have a licence to be mortgage holders? I don't know if they have to have a special licence for that or if their own licence will suffice.

 

If you contact GE and get a SAR sent to you then you could be claiming back all the fees for admin etc., which could wipe out the arrears completely. It really is in your best interests to do that. You may be able to add up all the arrears fees and visit charges that are on the statements they sent you.

 

How long have you had this loan and how long does it have to run? What was the original figure borrowed and how long have you got to go with it?

 

Hope you managed to have a decent christmas. It's not great with stuff like this hanging over you. I know how difficult it is dealing with these people as I'm having to do it myself at the moment.

 

Look forward to hearing from you

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I'll guess:madgrin:

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Hi gemspam,

 

Thank you so much for your reply to my post. As of today, I have (I hope!) managed to sort things out with Arrow and they have confirmed in writing that they will be contacting their solicitors to cancel the current legal proceedings. I say "I hope" because I will not believe it until I see the letter from Eversheds!

 

Briefly, I wrote to Arrow and expressed my concerns with the handling of my account, and their apparent unwillingness to accept that I had been proactive in trying to resolve the situation. Essentially, the payment plan agreed with GE should have been the same once the debt was bought by Arrow. Long story short, I said I would continue to make payments at the figure previously agreed and would apply to the court via a N244 if they continued to be difficult and proceed with the warrant for eviction. Arrow even refunded my interest for December!

 

Pity it has taken this long to sort out as it did really ruin my Christmas.

 

I wanted to ask you (and others who have commented) about the process for obtaining a SAR from GE and Arrow. Do I need to send two separate ones as GE Money are no longer in business or will Arrow be able to fulfil the request from the inception of the loan?

 

Excuse my ignorance on this but can I claim for all the fees for admin charged monthly such as arrears management charges etc? I did complain to GE about this a few years back but they sent me chapter and verse stating they were entitled to do so and a breakdown of the fees which were certainly excessive.

 

Who decides if I cam claim these fees back? Is it the loan holder or do I need to go to an independent body such as the FSO?

 

Many thanks!

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GE money do still exist

get that sar sent off to them.

 

nothing to do with the FOS at all.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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