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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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Catlady66

Swift advances delayed repo on secured loan absolutely excessive charges

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I would really like to supply that info but I totally have no idea sorry as I have only found the strength to open letters and even then I am having to force myself to do it a lot of the time I walk away from them for a while but eventually make myself open them

 

I have another list of payments or charges not sure if it will day on there

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the sar will tell us everything

 

anything to date you have redact and scan up.


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It looks like one try and two litigations incl most recent, by the charges DX. Drop jaw charges.

 

Well done CL66 you've found good docs.

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yes worth £1000's for their age and int rate.

 

dx


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Thank you Determindator

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You're doing well CL66. Get back to us daily.

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I will do Determindator

 

Thanks again

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I hear Swift are sending out letters now and the CAB is one of their recommendations to contact for help.

 

I hope you are all organised CL66 if that's still the case. Update when you can.

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Hi Determindator

What are the letters they sending out ???

 

I went to a 10 minute hearing at court last Friday... judge suspended order for 2 months and I confirmed I would pay £300 a month the amount I was proposing 2 clear any debt owed to swift until the next court hearing which will be an hour long

 

They received their 1st £300 by direct debit yesterday

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Hi to you CL66. Glad to get news from you. Just general letters to some borrowers who are not clearing the loan debt. You may not receive this letter.

 

Can you tell us what's happened after I suggested a visit to the CAB. The last we heard was you had a hearing on the 14th May.

 

I can see CL66 signed into this thread but not showing as signed in bottom of home page.

 

We would like to know also your progress as you prepare your evidence and WS so if help needed there's plenty of time for helpers to assist.

 

It's magic! I see you on home page now CL66!

 

Hope we hear from you.

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Rang CAB the next day after you advised they were all positive on the phone ... I advised need an appt she asked why I explained my whole situation and she was all positive and yeah we can def help you with that you don't need an appt I just need to transfer you through to someone who can help

 

She proceeded to transfer me to national debtline and yeah after talking to them I might aswell of locked my front door and posted the key through letterbox and never went back

 

Really disappointed with CAB

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It's a shame your CAB has not come up to your expectations but it's not usual and maybe because of their particular resources.

 

The idea is to get an appointment to see an advisor

 

The experiences I know of from others is of immense help and support.

 

That aside, it would be good for others to know how you got to where you are now i.e how did your 10 min hearing get organised.

 

Just reading back, not a hearing 14th May but was a date Swift gave as ultimatum.

 

Glad you got your hearing before that CL66 and you have time to breath and focus after all you've gone through.

Edited by dx100uk
merge/space

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Hi

not been on here for a while had a lot to deal with and try to keep it together but I was back in court on Friday and the judge awarded me the time order I requested to keep my home so relieved for myself and my daughter

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well done!

 

now comes the big slog in getting that PPI reclaimed and al the unlawful penalty charges.


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Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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ombudsman decided only £700 was unlawful so that's what swift took off the amount

 

I now have a complaint in with the ombudsman who investigated these unlawful charges

 

Swift surprise surprise turned down my ppi claim only refunding the £700 commission they put on it then after refunding it a week later charged me £700 in solicitors fees nice of them.

 

The judge instructed Swifts solicitor 2 go back and tell swift to get the ppi refund sorted before we go back before the samr judge in 3 months time

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ok lets make sure we get the spreadsheet right then..

though you are saying you got the commission back? - plevin ruling ?

if so you cant have both AFIAK.

 

what about all the other sols fees previously you mentioned...was there a court case each time they charged them?


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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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sorry what is AFIAK ???

 

The judge was shocked to learn that a £10,000 loan taken out nearly 11 year ago that up to date I have paid swift £25,000 and that the £3,300 arrears they say I owe have now increased to £18,000.

 

The judge wanted to reduce the amount owing there and then but he doesn't have that jurisdiction as pointed out by Swifts solicitor.

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really? he did..

AFAIK = As Far As I Know


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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the judge reduced the interest they want me to pay on the £18,000 from 13.4% to 7%

 

Swift instructed their solicitor no lower than 7% or they will lose money

 

lose money really they have made more than enough from me.

 

Swift also want me to pay it back at £500 a month.

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what about all the other sols fees previously you mentioned...was there a court case each time they charged them?


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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