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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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soldat

Advice wanted for old DCA debt.

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Hi everyone

 

Looking for some advice regarding debts my wife and I have.

 

So a little history. We took on several credit cards and a catalogue account. I lost my job and was unable to make the minimum payments after racking up the debt.

 

Debts were eventually passed on to DCAs. Here is a list of them with current amount owed:

 

Cabot £1200 (Wife, originally HSBC - 2007)

Moorcroft £1800 (Myself, originally HSBC - 2006)

Capquest £2200 (Wife, originally Littlewoods - 2014)

 

Debts have been through various other DCAs such as Fenton Cooper, Arrow Global etc. apart from the Littlewoods debt.

 

We were making token payments based on the advice from CAB while unemployed.

 

We have offered settlement amounts to all of them several times over the years only to be ignored or refused (around 40 - 50%). Capquest's best settlement offer at the moment is 29% off.

 

Anyway, eventually got back into work and have been for a few years, and wife increased repayments to £50 each per month in the hope of eventually paying them off to be debt free.

 

Today we applied for a mortgage since we're paying a fortune in rent and were refused on wife's credit rating. We had a look at her credit report today and found that when Littlewoods sold the debt they closed the account with a default notice in 09/2014.

 

From what I've learned, Capquest can no longer add any more default notices and it should disappear off her credit file eventually and we'll have to wait until then to re-apply for a mortgage.

 

After spending some time today reading through various forums including this one, I have realised we been complete mugs paying the amount we're currently paying as it doesn't appear to have any impact on our credit ratings.

 

Should I still be paying these idiots? Should I go back to token payments for the rest of our lives? I now realise there is not much benefit in us paying these debts off. Or is it worthwhile persisting with them to get a reasonable F&F?

 

Any advice would be most appreciated. Thanks.

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Hi soldat and Welcome to CAG

 

Cabot and Capquest buy debts so they may be the legal owners of the debts now...(Littlewoods to Capquest ?) I would send them a CCA request for a copy of the agreements

 

With regards to Moorcroft..they dont and only collect on behalf of ...so send their client a request for that agreement.

 

They have 12 + 2 days to comply and if they fail the agreements are unenforceable in court unless with the courts permission.

 

Subject to their responses you can then review your current payment options.

 

Regards

 

Andy


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Thanks Andy

 

I believe Arrow Global are the people Moorcroft are collecting on behalf of.

 

I've read up on CCA requests so will get those sent off. Do I continue to make the same payments as normal between now and the date to comply? I feel like I'm chucking money away if they don't come back with the agreements. (one can hope)

 

Thanks

 

Peter

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Yes...as they make come back with valid copy agreements.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Cheers again Andy

 

Wife is panicking. Found some info about on another debt advice website stating if we've sent F&F letters in the past that we've admitted responsibility for the debt. I assume that these hold no weight legally if they don't have the CCA?

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F&F offers are not necessarily an acknowledgement of debt...it could have been made under duress by anyone...even by the the wrong person unconnected to the agreement.

 

An acknowledgement of debt, commonly referred to as an “AOD”, is a document which contains an unequivocal admission of liability by the debtor.


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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Hi Andy

 

I posted the CCA Requests off on the 6th August.

 

I've finally had a reply from all three DCAs.

 

Arrow Global: We do not accept we are the creditor as envisaged but are willing to assist with the request. Collection is meanwhile suspended. Find enclosed your postal order.

 

Cabot: We've been unable to get the information requested from the original lender so your CA is unenforceable. But please continue to pay us (pretty please).

 

Capquest: We've forwarded your request for documentation to Shop Direct Finance.

 

Since it's been 10+2 working days, I assume its safe to stop all payments?

 

Cheers

 

Peter

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yes!!

 

2 debts now removed from the cash cowers milking parlour


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:-D

 

Received another letter from CapQuest today. Placing our account on hold for 28 days while they wait for a response from Shop Direct.

 

Thanks for all your help guys. Only wish I'd found your excellent forum earlier.

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