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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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Thanks for any help guys,

 

I am just going through old letters and paperwork to sort out and have just opened a letter from Collectica regarding an old HMCTS debt.

 

This must have been an old court hearing regarding somebody saying I hit them from behind.

 

I never did and in fact it was the car next to me speaking a language I could not understand that had hit the car.

There was no damage to any cars and I phoned the police at the time to make them aware.

 

We are going back some 7 years.

At the time There was a court hearing that I did not attend (I was going through a very difficult at the time with hospital and letters was the last thing on my mind)

 

upon coming out of hospital (1 month in) I attempted to sort the mess out and did a stat dec.

Rather silly but I got the date mixed up and missed the court date by 1 day.

 

fast forward and I have a letter from collectica

 

dated mid july 18

 

warrant of control and gives 14 days to contact them.

We are now 30 days ahead.

 

I know I should not be paying a single penny I never touched any car.

But that wont stand up aywhere and there is a 2k amount that I guess I just dont have a say in other than to pay it and shut up.

 

I am hoping for some advice in terms of perhaps setting up a payment plan and not to have baliffs turning up at the door.

 

thanks for any help guys it is much appreciated..

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you sure this is for car damage and not a PI claim?


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

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fine for what?

 

 

ring HMCTS and find out whats behind it..


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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You mention that the letter was dated approx a month ago. As you had not responded to Collectica to make a payment proposal within the 14 days, it would be usual for an enforcement visit to have made an enforcement visit by this time.

 

The only way to stop enforcement is to either pay or to approach your local magistrates court to request a hearing for a Statutory Declaration. The court MAY advise Collectica of the application but this is not guaranteed.

Edited by Andyorch
Quote removed

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I have already made a stat dec before and I got the date wrong so never attended.

 

I am going to try and ring them tomorrow give name and dob and see what they say.

 

Unhappy to make a payment plan and pay for something I did not do but for an easy life will accept that if it is an option.

 

Perhaps it has already gone to far though if it has been passed onto an outside company.. ?

 

I have done a fair bit of reading tonight and it seems that I am stuffed and the only option is to make payment in full.

 

It is unlikely that agents will accept any kind of a payment plan.

 

Amount is for over 2k and my understanding is that they can ultimately force entry.

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so what were you fined for..do you know?


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

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It has to be linked to car incident that I was blamed for (genuinely I did not touch any bodies car but that is not the point here).

 

 

this letter has come out of the blue but I don't want partner getting knock on the door from the local thugs.

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well you need to find out what motoring offence you've committed

ring the HMCTS as advise 24hrs ago...……

no good speculating findout!!

 

if you've moved since the incident then everything went to your old address, you wouldn't know anything about it till bailiffs arrive.= your current situation


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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yes, will call in the morning. Not sure that it matters what the offence was though does it? they want 2k regardless or are you seeing an angle?

 

this is the first letter regarding this at my current address.

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well if you didn't receive anything prior then someone has dropped the mic here.

don't just roll over and accept what you are going thru.

 

once those in the know have the details...rather than guessing

then p'haps we can limit the damage .


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

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I am not persuaded that this debt relates to a road traffic accident unless of course you were charged with criminal damage (which would account for why the debt is being enforced as a criminal court fine).

 

Please do post back once you have spoken to the court. Given that the offence had been approx 7 years ago, the account would be managed by the HMCTS Historic Debt Team. Their telephone number is: 0300 1239252

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ok it turns out this is linked to 2 separate incidents

going back as far as 13 years!

 

criminal damage and not paying for a train ticket.

 

 

The court said the total amount was just under 2k but I not that baliffs are asking for more than 2.2k .

 

They have only written 1 letter which I believe they can bill £75 for but not sure how they are getting to the higher figure. Without adding it up it looks as though they have already charged for a visit but they have certainly never visited.

 

 

Courts would not deal with me in terms of payments which I knew after reading a lot on this forum.

 

So guys should I just get my card out and settle this?

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yes

 

so was ye old historic debts teams

 

shame about the train one as the majority of those can mostly be settled out of court but too late now.

 

glad you resolved it.


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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not exactly resolved I know what the fines are for now. bit amount has been inflated.. and don't believe they will be willing to accept payment plan.

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there is no harm in writing to the bailiff Co and asking for a full breakdown.

 

they'll have no choice but to accept a payment plan

the only issue might be your side in how much they want PCM over how many months to clear it mind.

it wont be many months either

 

im not sure if back history has any relevance here but in case it does

can you outline what happened in each case, the train fair and the criminal damage

 

did you simply ignore everything

or moved away not getting any paperwork or what

dates would be useful too.

 

it could be that the smallest detail to you means nowt

but to the experts means loads.


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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It turns out this is linked to 2 separate incidents going back as far as 13 years!

 

Criminal damage and not paying for a train ticket. The court said the total amount was just under 2k but I not that baliffs are asking for more than 2.2k .

 

They have only written 1 letter which I believe they can bill £75 for but not sure how they are getting to the higher figure. Without adding it up it looks as though they have already charged for a visit but they have certainly never visited.

 

Courts would not deal with me in terms of payments which I knew after reading a lot on this forum.

 

With the debt to the courts being £2k, I would suggest that at present, you focus on this and not so much on the fees charged by the enforcement company (which by the way, would most likely be correct.....after all, the Notice of Enforcement is dated ONE MONTH ago and unless you have been at home all day, every day, since that time, you would not know for certain whether a visit had or had not been made).

 

I would assume that my suggestion to you to ring the Historic Debt Team was correct. If so, then you would need to be aware that all debts under their control are ones that have been difficult to collect mainly because of changes of address etc. If is for this reason, that many of these debts become subject to a Section 14 Statutory Declaration.

 

Taking each debt individually, were you previously aware of these court fines?

 

Did you make any previous payments to the courts in relation to any of these fines?

 

Did you ask the HD team for confirmation of the address where all previous correspondence had been sent?

 

If so, were you living at that address at that time?

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Yes I was aware of all court fines and believed they would go away. I was young and it was about 13 years ago.

 

I am surprised tbh that they still stand after so long.

 

I believe letters would have gone to parents address but mail would not have been passed on.

 

payment of less than £100 have been made.

I did not make these payments.

I can only assume somebody else paid this using an incorrect account number.

100% I have not paid anything.

 

I did not ask about address but years ago letters had gone to parents address but I have not lived there for many years now.

 

I don't wish to get into conflict with these people over the phone.

 

would you advise, email or phone call?

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Hi guys just waiting for a response before I send off that email or make a phone call today. thanks in advance!

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If you don't want to make a phone call, emailing probably isn't a good idea because they can contact you for free. BA suggested writing, I imagine they meant a real letter.

 

 

HB


Illegitimi non carborundum

 

 

 

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i don't mind phoning and I have downloaded a call recording app. if it is ok to call I can ring them asap

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Yes I was aware of all court fines and believed they would go away. I was young and it was about 13 years ago.

 

I believe letters would have gone to parents address but mail would not have been passed on.

 

Payment of less than £100 have been made. I did not make these payments. I can only assume somebody else paid this using an incorrect account number.

100% I have not paid anything.

 

I did not ask about address but years ago letters had gone to parents address but I have not lived there for many years now.

 

You mention that you were aware of both fines and that payments of £100 had been made to the courts (maybe by your parents). With this in mind, it would be very difficult indeed to apply to court for a Section 14 Statutory Declaration given that such an application would normally be permissible if made within 21 days of you 'becoming aware' of the fine.

 

You are wanting to know whether you should telephone Collectica or email them. What it is that you want to discuss? Are you looking to set up a payment plan?

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i don't mind phoning and I have downloaded a call recording app. if it is ok to call I can ring them asap

 

Why would you be wanting to record the conversation?

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why would I want to record the call?

 

That is the advice from this forum.

 

Nobody attached to me paid any of the fines.

Some how somebody unconnected to me has paid into the wrong account.

 

And yes to discuss a payment plan.

It does not seem like I have any other option.

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