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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised 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 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. I dont believe they have provided this yet correctly   2. 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. still stands   3. 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;   4. 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.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. 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.   7. 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.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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Hello

I am really not getting any where with the Council, they've sent me a supposed statement, however there are payments missing.

 

They've made this so confusing, I'm starting do wonder if they actually know what they are talking about at all.

 

So according to them & the statements they provided, I was still paying Equita for this account when they 'supposedly' sent Britow & Sutor on 2 visits to the old address. How I prove that I don't know.

 

How can they possibly send a second debt collection agency when I'm already paying another one? For the very same bill?

 

If there was any adjustment to the bill, surely they shouuld have simply added it to the Equita bill & let me know.

 

My last payment was to Equita in December, then January I get a letter out of the blue demanding £220.21 + £310 fees for Bristow & Sutor. They say they were passed the account in August. I was still paying Equita in August.

 

What a confusing mess!

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Hello

I am really not getting any where with the Council, they've sent me a supposed statement, however there are payments missing.

 

So according to them & the statements they provided, I was still paying Equita for this account when they 'supposedly' sent Britow & Sutor on 2 visits to the old address. How I prove that I don't know.

 

Have the council told you what date Equita returned the case to them?

 

You mention that there are payments missing. How much are these payments for and who were the payments made to?

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Thank you, Yes there are payments that were made to Equita, missing from the statement the council have sent me.

 

My last & final (or so I thought) payment to Equita was made in December 2017. I paid it off in full.

 

No the council haven't confirmed or stated when Equita returned it to them. I'll email & ask them to confirm the date.

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Could you just confirm, that when you paid Equita in full,

you mean the full amount on the invoice,

including any fees,

and not any other amount.

 

Just to be sure we are all on the same page.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Yes, the amount oustanding to Equita was £304.42, when I was ill & unable to work. I had a visit to the house, & of course they added fees, think it was over £250 in fees.

Even though I'd been in touch with the council & told them the situation, they passed everything over to Equita, I was ill for 11months.

I had an arrangement with the enforcement officer to pay a monthly amount.

I paid that every month last year, & made the final payment in December.

 

The council now say they passed the account to Bristow & Sutor in the August, when I was still paying Equita. And they've now added their fees too, of £310.

 

Hope that all makes sense, thanks for your help

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OK so you paid the £304 to Equita.

 

The £250 they "tried to add" was passed on eventually to B and s where it accumulated the second lot of enforcement fees.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Sorry, no... the £304 owed to Equita, included the £250 fees for Equita coming to the house.

 

I set up a monthly arrangement to pay it off, which I did in December

 

But in August the council added some more, but rather than adjust/increase the Equita account that was still ongoing/live in August, they instructed Bristow & Sutor for a total of £530, including £310 enforcement fees.

 

Thank you

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Ahh good, thanks.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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