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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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. 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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 or termination notice; and © 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. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. 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 82A of the consumer credit Act 1974.   9. 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 understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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saturdaykids

TSB/Lloyds TSB/ Now Lloyds

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This goes way over my head,

I have had a long painful complaint with Lloyds and do not want to bore you to death so will bullet point the occurences:

 

Mortgage taken out as first time buyers 1996

 

conveyancing solicitor did not perform completion and contracts signed over a receptionist desk no solicitor present.

 

transpires we purchased a property that did not reflect what was explained on the estate agents property description.

 

Lloyds wrote to me in 2003 and advised that the property was not registered with the Land Registry, they advised they would sort out and appointed a solicitor.

 

2012 I lost my job and later on that year my wife passed away.

I was sold a policy that covered "every eventuality" told the advisor I did not want it but he advised "it comes with the mortgage" (subtle)

 

contacted Lloyds 10/2012 to make a claim on the policy.

was told they could not locate account and I would have to write to the Cheltenham & Gloucester to recover account

 

they ignored my first letter,

sent a second letter this time recorded and copied in the first No response

sent a third letter recorded copied all in again still no response.

 

Six months had gone by

I stopped my mortgage payment and behold they contacted me,

the telephone number was the original office who could not locate my account

was advised that the account was there and there was protection on it.

 

I asked to make a claim

they intimated I might not be covered but said they would send a booklet out on how to may a claim.

No booklet was ever received,

Wrote and complained again and transpires I was not covered for these eventualities!

 

Complained about being miss-sold protection,

was advised after investigation they sold it fairly.

 

I kept on at them and they then said ok we miss-sold it.

they offered full refund of 16 years worth of instalment + 8% interest.

told them I wanted what I was told was covered for ("every eventuality")

and they should write off the mortgage.

They said no.

 

I kept on at them but was getting no where.

they failed to respond to a 21 point complaint letter only explaining themselves on 4 of the points and told me to take it to the FOS.

 

In sept 2015 although I kept on at them it was clear they were not interested in responding to the complaint

I wrote a letter of an offer to reinstate mortgage payment, they ignored it.

The legal letters started coming as I had not made any payment since april 2013.

( why did they not get a possession order)

 

I kept on writing asking why they were ignoring my offer, for months.

In the end I called the collections office and said I would not lose the property

asked them to give me a monthly figure to pay.

 

This was twice the original mortgage payment

I decided on selling the property as I felt their next move may well be possession order and a fire sale.

 

I received an offer on the property,

a third below the asking price but accepted it as I felt I would make more than a fire sale would give back.

 

After months of solicitors work

the buyer pulled out as there was no tittle on the gardens.

 

My solicitor suggested getting a possessory tittle on the gardens as it appeared the deeds were lost by the solicitors.

 

I have written to Lloyds and again complained as they had instructed a solicitor to carry out the registration who clearly failed and I was left with a solicitors invoice and no sale.

 

They have come back to me and offered to register the gardens and to offer a £500 compensation for this error.

I asked what tittle would be achieved the person was not sure as diff. dept.

 

I explained possessory/absolute, as possessory would still take value off the property.

She said they had the deeds so there should not be an issue.

 

This was annoying as my solicitor wrote to them October last year and asked if they had the deeds, they never responded.

 

my question is

 

what was holding them back from a possession order and any advice on how to respond to this offer they have made,

as I requested the mortgage be made void due to years of issues.

 

you would not believe the amount of failings I have left out but its already a small book. sorry for that

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Have you sent them an SAR?

why don't you get everything they hold first

then make a decision


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

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you asked...what was holding them back from a possession order


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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I've looked through the Sar and cannot find any indication of why action was not taken it was with there collections and legal team for a couple of years at least!

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unenforceable agreement.......????

 

they cant find it

or

this mis-sold protection invalidates it under CCA?

 

I believe in 1996 most mortgages were covered by the consumer credit act....??


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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have they send a copy in the sar?


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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FfHey dx,

there is no copy of the mortgage contract and the covering letter with the Sar says:

 

"the majority of contracts we hold between the Bank and our customers are not held in relevant filing systems and are therefore not subject to the right of subject access under the Data Protection Act.

 

However where a copy of a contract is held in a relevant filing system or is held digitally in an automated system it will be found by our searches and will, of course be provided."

 

but there are sheets headed MTG02 MORTGAGE ACCOUNT DETAILS which has a section showing CCA Regulated Subs N and MTG03 SUB ACCOUNT LOAN DETAILS with section CCA Regulated Loan N.

 

Which suggests not CCA regulated.

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unenforceable agreement.......????

 

they cant find it

or

this mis-sold protection invalidates it under CCA?

 

I believe in 1996 most mortgages were covered by the consumer credit act....??

 

No....... they were regulated by the FSA...Under the CCA 1974, s16 defined the exempt agreements, including mortgages. However CCA 2006 introduced an amendments lifting the threshold of 25K

 

Andy


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Just looking through my file letters from Lloyds

they were threatening legal action since November 2013,

 

I started payments approx. Sept 2017.

there must be a reason unless they just have too much on their plate which I would not believe the way banks act now.

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