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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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Hello,

 

I was hoping for an outside opinion of the situation I have got myself into-

 

I've been a customer of Bright house since Early 2015 and have had multiple agreements since then.

I currently have 7 agreements, all but two with over 50% paid off, a few only have a couple of weeks to a couple if months left.

 

My weekly payments are £80 per week right now. Some of my items are essential items some non - essential.

 

I have found myself in a bit of financial difficulty of late, behind with rent, c-tax, electric... all of which I have been able to come to an affordable payment arrangement.

 

My problem is with Bright house,

I am at the moment 3 weeks in arrears as in order to make arrangements with all of my above debts I had to offer extra to them for the past few weeks, putting Bright house at the bottom of the list,

 

I've asked for a couple of months reduced payments, they said no, and asked if I can just pay a small amount on top on the weekly amount I am paying to which they also said no, in all honestly I cannot afford the £80pw anyway so reduced payment is what I was hoping for.

 

I am not willing to hand the goods back as I have paid so much for them, I know that is not how Bright house works but I've literally paid for these goods three times over, My fault I know, I went in with my eyes open. I still want to pay just at a reduced rate for a period of time, Do you think there is a way I can make this possible, they wont take part payment from me in store and are refusing to give me details to make BACS payments....

 

It all stared with just the one item, and I said to myself after this is paid I wont get any more, but it seemed so easy at the time each time I have made a new agreement with Brighthouse it has been after going into to store to make an enquiry or make a payment and at that point new products have been upsold to me.

 

Each time I have made the staff aware of changes to my income and expenditure but have always been told ‘it’s best to leave it the way it is so we can add-on’.

I have not been asked to provide proof on income since my sign up in 2015.

 

It says on their website "The likelihood of adding further items on to your account are improved by ensuring your account is kept up-to-date.

For each further application we will assess your income and expenditure and perform a credit check to determine your level of affordability."

 

But that cannot be true as my credit file has 10 defaults and 2 CCJ's registered against me, my credit is truly appalling and any potential creditor should have some kind of obligation to lending responsibly.

 

When I went in store and advised them of my financial hardship they told me I should take out a payday loan to pay off the arrears - surely this isn't right?!

 

I am not looking for a way to not pay this, I intend to honour my obligations, I just need a little break that's all.

 

I have had their advisers knocking on my door everyday for the past week, luckily they don't have my phone number anymore as I changed it a few months ago.

 

Does any one have any advice about how I should handle this moving forward.

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Oooo this makes me angry...

 

When I went in store and advised them of my financial hardship they told me I should take out a payday loanicon to pay off the arrears - surely this isn't right?!

 

I will have more advice later for you... Please hold tight - I am at work and will draft something later

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sound like gross irresponsible lending to me.


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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Im ever so sorry that i didnt come back to you last night.

Long day at work :)

 

Anyway lets have a look for you. BH allowing you to pay £80 a week is extremely excessive.

If this is across 7 plans - Are you able to get a full breakdown of the items and the weekly costs + Insurances?

Id be interested to know when these items were taken and what they fall under for insurance and if it is optional.

 

The team asking you to take a PDL to get back up to date. Do you have proof of that? The FCA CONC Sourcebook explicitly states they are not allowed to suggest you taking more credit to pay off other arrears or force you to borrow from others.

Basically in a nutshell there is Sweet FA they can do - Court order is required for most of the items - Never heard of BH going for a court order.

 

Time to also have a look at https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=71215

Same rules apply here. The lender must show they have complied with Responsible Lending. Excessive agreements on high APRs (69 - 99%!!) is not responsible. IMHO If BH brought their APRs / Prices down then i could see them being a very good option for many - However its cases like this that prove otherwise.

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Thank you for getting back to me, I really do appreciate it.

 

I do still have all of my agreement paperwork so I can look into that, from memory 4 of the items were with the 5 star service, the rest I was given the option of taking bright care, which I didn't. I also don't have their product insurance as I have my own contents insurance... well I did but that has been cancelled due to missing some payments.

 

I don't have any proof about the payday loan comment as it was said verbally in-store and didn't think about recording anything at that point, i have been in a payday loan trap before in the past but they won't touch me now.

 

I've so far had 6 visits from them since the 11/04 from a man in a little transit, I haven't answered the door, reading all the horror stories about the way Brighthouse's door-steppers conduct them selves scares me

 

, I am on my own with my little girl, suffer with quite severe PTSD and find it difficult to communicate with men after a seriously abusive relationship - hence why we live over 500 miles away from all family and friends - I have verbalised all of this to customer relations and asked them to communicate in writing only but they have just ignored me on that.

 

Christmas time over the last few years are when the majority of my agreements have been taken out, when I've been stood in the pound shop with my head in my hands wondering how I can give my daughter whats on her list and then seeing brighthouse over the road. I've just managed to get myself in to a bit of a mess and hold my hands up to my own irresponsible conduct with my finances.

 

I am going to have a read of that link you have included. Thank you again.

Edited by dx100uk
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You dont have to answer them at all :)

They are nothing more than a Doorstopper - They have very little rights to be there giving you hassle.

TBH the CR team at BH are useless as they normally just hand it off to store to deal with and the vicious cycle just continues.

 

If you have PDLs too - we need to know and can help.

 

I also understand about moving away - I did that myself although unlike yourself - Im an hour away from my family :)

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I had a PDL with the money shop in Dec 2016 for £100, paid that back and then got another for £350 in Sept 2016, paid that back and then another in Dec 2016 for £300 and then another in Feb 2017 for £300 - I think they were paid over 2 months. The last one I just couldn't pay back and have been making small token payments on, they have not defaulted me yet.

 

The other is a £250 loan from MyJar which I got in the same cycle with but this is from 2012 and I have defaulted on that one and have not made any payments on it for a long time :!:

 

I owe Vanquis £600 and Cap one £400 and have various other catalogue debts.

 

My total Debt pre Brighthouse was around £4000 it's now around £11000.

 

It's a very interesting read, I have been trying to glance at bits of it while I'm at work, will give it a proper go over when I get home.

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