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    • Just an update on Celticheart37 versus Barclaycard.   On the claim for my late Husband's PPI, Barclaycard have responded saying they have been unable to locate a PPI Policy . They say he held his card since 1979 ( not the late 1980's as I had believed) which means that PPI did not exist and that is fair enough. I accept that PPI did not exist in 1979 so couldn't have been included. So that is the end of that one.They could have told me that at the beginning rather than let me search for proof that would not exist , but never mind.   On my own Barclaycard claim for which they have offered me a refund  "based on averages", I have sent a SAR requesting my statements back to 1993 when the account opened,so hello 12345 I will post an update when I get a response and let you know how far back  they were able to go !   Celticheart37
    • 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    
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Legal Assistance wanted against a bank!

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Hi, new here,

apologies if i have post in the wrong place.

 

i need legal assistance to write up a claim against a high street bank.

Never in my life have i met a company like it.

Deny, delay, deceive and shift liability at all costs seems to be the tactics at play.

 

Brief back ground.

2007 i re mortgage to a tracker mortgage

 

2009 i start getting letters stating my two year tracker mortgage is coming to an end

alarmed at this news, i called bank to notify them of my own change in circumstances

 

i was now on ESA DLA etc due to illness, and, to challenge the idea that i was on a two year tracker mortgage not a life time tracker which i asked for!

 

a phone call to the bank informing them

(call A) was had and i was not offered any help, no product change no offers nothing, all they would do upon request is put me on interest only holiday payments. i was seriously ill at the time and could not fight them there and then.

 

around 2011

i decide to raise a complaint,

a financial advisor for the mortgage broker insisted that the bank should have made me an offer or an affordable product as soon as i informed them i was ill and on the sick. the bank did no such thing and never has to this day!

 

i requested to see the original signed documents to ascertain whether or not i did in fact sign for a two year tracker or if the bank was changing my terms and conditions because my payments on the tracker were very low due to the low interest rate..

 

the upshot was an ombudsman complaint, about the bank not showing me the original signed contract/agreement.

 

the bank sent a copy of a direct debit agreement and an insurance agreement to prove i was in a contract with them, and the ombudsmen accepted that as evidence of contract.

 

no where in contract law does that stand as a contract,

its not even a confessionary judgement,

just some circumstantial nonsense.

 

i was naive to the ombudsman process(still am) and allowed the adjudicator to convince me she was the ombudsman and i thought that was it done.

i moved onto try and get a copy of (call A)

 

again, i asked for the call in writing, by phone,

the citizens advice asked for it,

the ombudsman asked for it,

the bank refused access to the phone call,

concealing the evidence that i had indeed informed them of my ill health.

 

their complaint handler based his whole refusal of my complaint around computer notes and refused to listen to the phone call.

 

demoralised and defeated,

i made one last attempt to rectify the situation by calling the bank,

got a great woman

Spent 4 hours that day trying to get to the bottom of the problem in 2013. S

 

she called me back in the afternoon,

and said,

you were right!

 

the complaint manager had now listened to the calli

i had informed them of my illness

that i should never have been on interest only payments

that they had set me up for payments of £235 per month

That payment was to always remain the same. T

Brilliant, i though, finally got to an agreeable solution.

 

she also said the letters i was receiving informing me that my payments were going to go up was a banking error...

 

two weeks later, the letters started to arrive on the door step again.

i called the bank they refused to stand by their previous offer/arrangement and proceeded to set me up to fail in order to gain a false legal basis to repossess.

 

i2014

the bank filed for possession

, i filed a notice at first and gained an order for my complaints against the bank to be investigated at the next hearing!

 

i filed a 67 page bundle two days before the hearing and the bank ran away,

adjourned with an opportunity to restore

but had to do so within 1 year or else they would be struck out!

 

2015,

they relisted the hearing,

i filed more paperwork

they adjourned again for another year,

 

2016

i requested an adjournment myself,

which pushed it into April 2017,

when finally the bank failed to relist their claim and consequently were STRUCK OUT!.

 

the bank have since added 6-7k worth of legal costs to my account, despite protest of course, they are now currently ramping up their threats whilst in all this time they have never made me one affordable offer! ive been bullied, threatened, lied to, deceived, misrepresented and set up to fail! the Judge said in 2014 that he agreed with my counter claim, the basis of which was unfair treatment and relationship had developed.

 

Now i want to file a legal claim against the bank but feel i need someone with the legal head to help me write the claim and comprehend the procedures. at very least to bounce ideas off...

 

whom in here want a crack at a major high street bank?

one of the worst organisations i have ever dealt with,

they will say and do anything to avoid liability,

they even lied on their witness statement by claiming the arrears had not been capitalised

 

only last week admitting that the arrears HAS been capitalised!..

im at my own wits end and need some support and help..

 

any forthcoming will be appreciated..

Edited by dx100uk
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