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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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I took a loan out with this company 2 weeks ago. All went well and thought having looked on their website it says obviously subject to credit assessment I could defer the loan twice - great I thought I will pay the balance over two months and bob's your uncle

 

Went to defer on their website and put in all the same income and expenditure details a week before the payment was due to come out. Their response "sorry but based on your affordability and credit assessment we cannot allow you to defer this loan":mad2:

 

Erm they gave me the loan two weeks beforehand, nothing has changed and yet wont allow me to defer. They wanted the whole loan back together with all the interest only 2 weeks after I received the loan. No way I thought, cancelled my card and any CPA they had set up.

 

I will pay them back on my terms and if they dont like it they can place it where the sun does not shine.

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have you been getting multiply phone calls from them on this number 02078068934

i had same thing

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You do know this is a normal trick to get you to take out the loan. Then when you default, they try and say theyre adding on tons of charges, and interest on top of it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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have you been getting multiply phone calls from them on this number 02078068934

i had same thing

 

Yes starts early about 9.00 four or five times a day on mobile. Wont leave messages on home answerphone

 

They can add as many default charges, interest anything they like, I will only pay what is due. They emailed and said that despite only having the loan for 2 weeks their set interest means that I could have the loan for 4 weeks, 3 weeks, 2 weeks or even 2 days the interest will be same.

 

I have emailed but they say due to data protection I need to ring - no chance.

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i actually sent them a F & F offer yesturday, offered a lump sum or £1 per month, no response so far. my call start at 08:10 in the morning have about 5/6 on mobile as well has home phone, now got number blocker for mobile.

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Log every call they try, especially if youve told them in writing only. Read up on Harrison vs link for a start. You could bring a claim against them for harassment.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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yep told them in writting back in january, when told them i was being signed off sick and would have to make a repayment plan.....

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Youve got grounds for a nice big complaint and possible action for harassment then :)


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Even better they have defaulted me on my credit file but oops haven't sent any correspondence - I am sure they will make a default notice up when it suits them

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I received the pre-action protocol letter from BW Legal.

I responded asking for all the documents relating to my account including the agreement, statement of account, default notice and letter of assignment.

 

They came back with the agreement which is dated 1 month earlier than what says in their pre-action protocol letter.

 

What is interesting is the agreement is between Mem Consumer Finance, me and Payday UK.

 

Why is there three parties to this transaction.

The agreement looks like it is printed at the same time as their response but that is not something a judge would really be interested in.

 

Can I ask again to provide the agreement they state in their letter which is 1 month earlier or will they just say it is a typographical error and the agreement is correct.

 

The statement of account is printed on their letter which they sent me 2 days after my request. The statement of account shows at the beginning the amount in the agreement shown as "deferral" and then a whole host of "defaulter/interest accrued" amounts. There is also a charge of £15 some 2 months after my "correct agreement date".

 

At the end of the statement of account all these figures are credited at the end which brings the statement of account back to the original amount.

 

What I need to know is if they have failed to provide the default notice can they just credit the same and say "we have not charged you for the defaulted amount so we do not need to produce the default notice"

 

The letter of assignment is there.

 

Can I go back to them and again ask for the agreement stated in their letter and also the default notice. This all happened in 2014 by the way.

 

I have always checked my credit file and there is a closed account with Payday saying settled but nowhere is a default notice and PRAC Financial dont appear anywhere.

 

They have given me 7 days to respond.

Edited by dx100uk
Spacing

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Iirc they only have to supply a reconstituted agreement. What exactly did you ask for and what exactly did they supply to you. What were the reasons you asked for it


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ild thread merged

Did you use our PAP response pack and wording or their one and your own wording?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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I responded to them with my own response letter in replying to their pre-action protocol letter.

 

I requested

 

Agreement dated 30th April 2014 (their letter states this) (the agreement they have supplied is dated 29th March 2014) and it is indeed reconsistuted I can still smell the toner ink on the paper :lol:

Default Notice

Statement of Account

Notice of Assignment

 

Thanks for bringing up my previous posts I could not find it anywhere.

My credit file in 2014 states a default but this has now disappeared and the account on my credit file says settled.

Surely the default should still be there.

 

Yes indeed it did get deferred as I have the payment debiting my account on 30th April and yet they say the agreement is dated 30th April

Edited by dx100uk
merge

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These are the documents I have received.

How many companies are involved

- MEM Consumer Finance, Payday UK and also Instant Cash Loans.

 

They still insist the loan started on 30th April.

docs-35.pdf

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So 99% unlawful interest then!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Their argument will be well we took the interest and charges off - you are paying what you borrowed.

Edited by dx100uk
so basically...

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Who's side you batting for??

 

If you total that int..does it equal those refunds...


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

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Who's side you batting for??
:lol:

 

But I imagine in court they will say but Your Honour we removed all interest and default sums so the only amount required is what the Defendant borrowed so why are arguing about interest/default when that is not an issue.

 

The first amount is a think a payment that was deducted from me despite the fact that the loan needed to be repaid in one fell swoop.

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IRL complaint?

 

Uf your credit file was shot/financial status poor..should they have loaned it?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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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

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I have again requested the correctly dated loan agreement and default notice and the original creditor's statement of account and not what BW Legal have put on their letterhead.

That was over a week ago and its all gone quiet - me thinks a claim form is on its way.

 

Reading up on pre-action protocol BW legal should give me 14 days notice that they intend to initiate court proceedings so I assume I have notice of their intention

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no they've already sent the PAP letter giving 30days.

 

pes I wouldn't of been entering into letter tennis.

 

just wait and see if they issue a claim now.

 

don't keep poking the beesnest


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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