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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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RobbieDebtGoals

Cabot Chasing Almost SBd Santander OD debt

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Hi,

 

I have joined the forum in the hope that somebody has useful information for me in my aim to shake Cabot Financial off, who are chasing a debt which becomes statute barred in September 2018.

 

A brief outline of the debt I am being chased for:

 

Type of debt: Credit debt - Santander Current account

Outstanding balance: £590 (consisting £150 overdraft + £440 charges)

Account closed: September 2012

 

After speaking with a helpful advisor at the National Debtline and explaining my situation,

I was told it was a difficult one which needed careful consideration of my next steps.

 

I was presented with three options:

 

1. Wait the seven months and risk court action

2. Set up a payment plan, which would reset the limitation act

3. As it was a disputed debt with Santander,

present evidence to Cabot for them to investigate

- but this would reset the statute barred clock.

 

I have email records of a complaint I had made to Santander about charges on my account late in 2011.

Santander acknowledged receiving my complaint,

they even followed up with an email apology for the delay in responding to the complaint

- but this was to be the last correspondence with no further follow up and the issue remained unresolved from their side.

 

I have records of this correspondence.

I stopped using the account and the charges continued until the bank decided to close it in September 2012.

 

I really don't have the money to pay this debt.

I would really like to avoid paying it especially as it was disputed with Santander in the first place,

I can't afford a CCJ as it will stop me getting a mortgage which I hope to be in a position to go for within the next few years.

 

I am looking for delay tactics without acknowledging the debt to get me into the statute barred date when I can confidently answer a Cabot phone call and tell them to do one!

 

Any wisdom would be greatly appreciated!

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threads merged and moved to the Santander forum.

1stly you NEVER EVER EVER speak to a DCA

they ARE NOT BAILIFFS

and have

ZERO LEGAL POWERS on any debt.

 

the SB date runs from your last payment or usage not the defaulted date.

 

so when was that?

if you don't know for SURE

go ring satans bank now and ask them.


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what letters have you been getting?

 

have you had a letter of claim yet [RE: pre action protocol }

 

have you moved since opening this account?


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Cabot do not chase enforceable debts, so do your homework. The debt is already defunct.

 

Also, when was your last payment towards this debt?

 

Dont consider paying them anything at all.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I can see from my credit report that my last payment and usage on the account was March 2012

- I will call Satan's bank to check this as it may have been earlier.

 

But the credit report states the default is reported until September 2018.

 

Also, in terms of letters received from Cabot

they have only just arrived as they have tracked me to my new address.

Just a letter offering repayments, not threatening Court action - yet.

 

I originally opened with Alliance and Leicester (suckered in with the free £100 opening offer - then Santander took over the account) in 2010ish and have recently moved address since then.

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then you must write to cabot as the letters will be a phishing trip

cause sure as eggs is eggs they'll issue a claimform and get a backdoor CCJ as you've not told the original creditor nor its current owner your new address.

 

never run away from debts in today climate, 800'000 back door Claimform are issued every year

85% go non contested resulting in unknown CCJ's till it comes to getting credit or a mortgage.

 

we've not lost an OD case yet, if defended properly with our help


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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

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They are definitely phishing

- I have received two letters to my new address from Cabot

- the first came earlier this month saying they have recently confirmed I am living at this address and offering help for future repayments.

 

A second letter arrived four days later, very short addressed to The Occupier, titled returned mail - claiming to have received some returned mail from my new address, but their records show I am still registered there.

 

This second letter is a lie, I have not, and nobody could have returned any letters from my current address.

 

If I write to Cabot will that not be official acknowledgement of the debt and reset the statute barred clock?

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not if you use the correct format and letter

our prove it letter in the debt collection section of our library might be the one.

 

I do not acknowledge any debt to you or any of your companies...


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Single Premium PPI Q&A Read Here

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This looks like the letter needed: You know nothing of the Debt / Prove It **Updated 21st April 2014**

 

So this will prevent a backdoor CCJ being railroaded and also buy me a bit more time toward the statute barred date - which could be as soon as March 2018 according to my last activity on the account.

 

Thanks for the help!

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i would confirm YOUR last payment/use of the account first

it would be far far better to be able to send our SB letter.

would kill any claim dead.


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

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As said, its already a defunct debt. Cabot doesnt chase legit ones. So its already either long sb, they cant get the paperwork for it, or its chock full of charges.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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As said, its already a defunct debt. Cabot doesnt chase legit ones. So its already either long sb, they cant get the paperwork for it, or its chock full of charges.

 

Don't know about the SB date, probably can't get paper work as opened with Alliance and Leicester not Santander, and is chock with charges.

 

But still, can't afford to risk a CCJ which I know they will try for as it has happened to a relative recently (it turned out to be SB).

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get that info!

 

dx


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

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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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I personally would ignore them......you have the last usage date from your CRAs (March 2012)...you know that they closed the account Sept 2012.....they have your new address as they have sent letters to you...if they wished to litigate before March 2018 they will have to comply and send you notice along with the Pre Action Protocol forms...that allows 30 days.

 

Sending anything may just prompt them that it is getting close.....and in reality you cant send anything because its not statute barred until March 2018.

 

 

Andy


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sit on it for the next month and if they do send anything else

send a prove it letter demanding to know what the original debt was,

what charges and interest have been added since,

whether interest is still accruing and so on.

 

They will have failed in their civil procedure duties if they start a fight without supplying this info and that now means they will lose at least 25% of the value of any successful claim.

 

If they dont send any letters then dont poke the beast

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Santander unable to provide the info relating to last activity on the account as they no longer have the records.

 

The assistant in the bank even showed me the screen. All they had was info relating to my name and address with everything else gone. They said this usually happens after about 6 years.

 

So, I can't prove when my last activity on the account was.

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well you can as satans say it gone as more than 6yrs have expired.....statute barred!

would be nice if you could get that in writing somehow.


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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