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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 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?)
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Simon1959

been paying Gregory Pennington 12yrs now

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I am asking this for my partner having read numerous posts on the subject

i would just like a bit of advice on the direction she should take

 

She has been with Gregory for about 12 years as far as she can remember,

she has paid off most of her debts and is not looking to dodge any debts she still has to pay off

 

Last week she received a call for her annual review she currently pays £35 per week and has never missed a payment

 

During the annual review (which i told her she was not obligated to do )

she told them that her financial circumstances had not changed

they interrogated her and came to the conclusion that they could no longer help her as she couldn't afford the payments that she had been making

 

This was mainly because she refused to include both my income and her adult sons income into the equation as none of the debts are anything to do with us

the position she is in now is that she has four debts totalling £2300 which i can pay off in full

 

The highest being about £900 the lowest £150

at present i cant be more accurate a

s i have not got the information to hand

i think that the money is owed to

Next,Santander and a DCA i cant remember the other one

 

What i need advice on is should she

 

A Contact Gregory pennington and ask for account numbers and contact details

B Wait for the companies that she owes the debts to contact her

 

If she takes option B will this affect her credit file as nothing is showing on it at present

 

Im hoping that if we deal with the creditors direct that i can secure a discount having never done this before what sort of discount should i ask for

Thanks in advance

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oh god 12yrs with greedy pennys

whereby most her money went on paying their fees

 

I bet 90% of her debts weren't even owed or were unenforceable anyway

as the greedy pennys never ever do any checks

just blindly recommend paying as they get a cut of her payments going out too back from each creditor.

 

just stop paying them

send GP an sar to get all the details.

 

the debts cant comeback on her credit file

as they would have been defaulted years ago and already been removed.

 

oh and when you do get the info

don't go blindly paying anyone

come back here


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this is the information she has received from greg pennington

 

National collections office £36 per month balance £940

Debt managers (scotland) £6 per month balance £174 (Next LTD)

National collections office £9 per month balance £255

Cabot Fianancial services £18 per month balance £532 (MBNA Credit card)

Santander UK £23 per month balance £558

 

I wrote earlier that she has paid off these debts for many years at £140 pm

which means that gp were taking £48 for passing the money on

but they served a purpose

 

we all know that people react differently to money issues so what has happened in the past regarding gp has happened

 

What we need to know is the best way forward

 

Cabot (suprise suprise) and Debt managers Scotland are the first out of the woodwork a letter was received yesterday ,

from there actions i would assume these are the two dodgy ones as they have already started the ball rolling to try to extract money from her

 

Just in case they start threatening stuff

can any of the debts have interest added by the current holders of the debt as all interest and charges were frozen at the outset

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sent them each a CCA request. [cabot, debt managers]

 

who the beep are National collections office ?

and what are the debt types


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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

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Silly me

Its NCO

A powerless DCA

 

Can we have the debt types and original creditors please


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

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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

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Sorry for the delay my previous post are about all the details we have I am trying to deal with them as the letters arrive so far only Cabot and national collections have contacted her

 

Cabot were sent a CCA request they have sent the postal order back and said they will endeavour to locate the information required but it may take more than 12 days they also

 

offered a discount on the outstanding amount of approximately £100

they also want her to ring and discuss with her where the funds are coming from and that priority bills are up to date if she was able to accept the offer

 

My thoughts are that they just want to obtain a phone contact so that they can apply pressure on her

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you NEVER EVER RING A FLEECING DCA OR THEIR DOGS.

 

no CCA = NO pay

and even then who says its enforceable!!

 

Can we have the debt types and original creditors please


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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

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Ok im dealing with them as they come in the Cabot one is a credit card MBNA

 

The national collections one is a Next store card

 

Santander is a unsecured bank loan

 

I think the other National collections if littlewoods

 

At present I'm just in contact with Cabot by letter and email

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Cabot have decided that they will not be able to find the signed credit agreement so they are no longer chasing the debt

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good one cash cow account removed

 

hows the sar to greedy penny's doing?

 

dx


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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

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GP are collating all the paperwork which in their words is a very time consuming task how long do they have to complete the task

 

Also my thoughts are that the other debts won't have the relevant documents to enforce them

 

At present I'm just waiting for the other creditors to contact her but they do seem rather shy at present which is surprising

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40 days if you sent them a SAR??

 

The reason why they're ''shy'' is because they know they've been rumbled, and will no longer be getting their ill gotten gains.


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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Still heard nothing from debt managers who i sent a cca request which was a Next card outstanding balance of £168

 

However I now have a letter from a company called CSL ( credit security ) who say they have been instructed to claim the debt

 

Should I send these a prove it letter as it looks like its been sold on

 

If that's the case I doubt whether there's a valid CCA

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No send them nothing....... When did you send the CCA request?

 

TBH a pittance amount under 200 quid is pocket money.

 

I wouldn't waste my time chasing DCA's and doing their work for them.


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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Sent CCA request 13 th Jan I would have thought they can't produce one so they have sold it on

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No CCA No pay.

 

If they're dumb enough to flog it on to another clueless dimwit then that's not your issue.

 

You simply ignore them for the time being.


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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CSL/debt managers ...same lot!!


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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

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Ok is that a good thing or bad they obviously don't have a CCA so do they just hope a fresh name on the letterhead makes you think they have one

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makes you think they have one of what?


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

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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

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Trying to make you think they have A signed credit agreement

 

To me it just seems like a waste of time if they havnt got a CCA

 

whats the point of pretending to be another company at the end of the day

 

they won't be able to produce one either

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do you think powerless dca's did anything else but spoof people :lol: that's all they can try and do

 

sadly 99% of the general population fall for their powerless threats.


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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Yes it's certainly helped me reading the threads and asking for advice on here

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Quick update received reply from credit security Ltd reference CCA request

 

We are unable to action the enclosed as we are no longer instructed in this matter

Please forward all payments to debt managers --Next

We apologise for the inconvenience

They have returned the postal order

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