Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
  • Our picks

welshandproud

Idem claimform - lloyds mastercard

Recommended Posts

eh?

 

idem reference your defence in their letter... 


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

sorry my defence was in post 35..

i've confused myself with it all.

 

so i just gotta sort mt paperwork out and put it in order, then sit back and hope they bail out.


Andy

Share this post


Link to post
Share on other sites

eh?

 

what have you done since april?

 

what did you do with the N180 the court sent you?

 

what does it say on the N157 the court sent you..?

 

we need to be fully updated...


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

i must admit that i'm really bad at anything like this?

is there anything else i must do?

 

 

 


Andy

Share this post


Link to post
Share on other sites

not redacted removed .

 

what about page 2 

anything there the says the defendant must by …..???


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

So ws exchange by 14 days before hearing

If they pay the fee by 3rd jan


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

So that's copys to idem and the court?


Andy

Share this post


Link to post
Share on other sites

their sols if they are using one.

 

post up gere first mind

and try not to leave it till the day before please..😁

 

whats the hearing date


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Doesn't say that they are using a sols, got a name of a litigation officer at bottom of page 2, so I'll address it to him? 

Plus a copy to the court?

The date is set for the 31st of January. 


Andy

Share this post


Link to post
Share on other sites
3 hours ago, welshandproud said:

i've now edited all my details, i hope..

cant see any where that says the defendant must by?

edit-merged.pdf 1.52 MB · 2 downloads

 

 

From your upload page 6......points 6 and 9  and 10.


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

Morning Guys i checked with the court this morning, and they've paid the fees, so off to court i go on the 31st of this month, to say i'm bricking it is an under statement..

I've still not had a true singed copy of the T&Cs, just 2 differant ones both with the wrong address on them, and no Default notice , to which the admit they dont have it..

what paperwork do i need to take to court? and do i have to send it to both of them again before the 14 days?

 

here is my Defence, this is what i sent off to the courts and idem on the 7/4/19. any pointers would be a great help.

1. 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 is specific response has not been made.

2. Paragraph 1 is noted I have in the past had financial dealings with Lloyds.That being a Loan Agreement and a Current Account with overdraft facility,neither of which had a credit limit to the value the claimant purports to be allegedly outstanding.I do not recall the precise details of the agreements but do recall it was on or about 1998.I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount.

3. Paragraph 2 is noted but denied as I have never been served with a Notice of Assignment pursuant to sec 136 of the Law of Property Act 1925.

4. Paragraph 3 is noted but given the claimant is and remains in default of a section 77 and unable to provide a copy of the agreements and terms and conditions its pleadings are irrelevant and unsubstantiated. 

5. Paragraph 5 is denied for the reasons stated in my point 2.The original creditor could not possibly serve a valid Default Notice for the alleged agreement referred to as the alleged debt is a combined amalgamated amount from a Loan Agreement and Current Account Overdraft.Therefore the claimant is put to strict proof to disclose and evidence the service of a Default Notice pursuant to sec87(1) of the CCA1974 for the fixed loan content and also a Notice served under Sections 76(1) and 98(1) of the CCA1974 for the Current Account Overdraft content.


6.Notwithstanding the above, requests for information pursuant to the consumer credit Act 1974 (section 77) and CPR 31.14 were made. A Section 77 request was sent on 27/11/2018, and shows as received 28/11/2018. A CPR 31.14 request was sent 27/11/2018 and shows as received 28/11/2018. The claimant has still not complied to my Section 77 request, but in a previous letter dated 13/12/2017 the claimant acknowledged they were unable to supply a copy of the agreement and acknowledged until they could do so the agreement cannot be enforced. The claimant has yet to comply to my CPR 31.14 request.


Therefore the claimant is put to strict proof to:

(A) show how the Defendant has entered into agreement/s ; and
(B) show how the Defendant has reached the amount claimed for and provide evidence of credit limits: and
(C) evidence any nature of breach and show service of a Default Notice and Notice served under Sections 76(1) and 98(1) of the CCA 1974. Notice of Sums in arrears pursuant to the CCA 1974
(D) show how the claimant has the legal right, either under statute or equity to issue a claim.

7. As per 
Civil Procedurelink3.gif Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, if the Claimant is an assignee of a debt as alleged 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 of the Consumer Credit Act 1974.

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.


Andy

Share this post


Link to post
Share on other sites
Quote

what paperwork do i need to take to court? and do i have to send it to both of them again before the 14 days?

 

Read your upload post #59 above page 6......points 6 and 9  and 10. must be completed by you.


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

Hello there. I was in the position as your self with idem. A link is provided to my thread for you below. Please have a read and any information you can use from it to help you

 I compiled a witness statement with the help of Andy and DX. If you look at post 99

there is an attachment with a witness statement another cagger used (kindly provided by Andy), and post 100 is the witness statement. 
I am sure you will find enough information to suit your situation.

 

hope this helps and good luck

  • Like 1

Share this post


Link to post
Share on other sites

Hi there again.

I have been reading your thread and have a couple of points to ask, I am not sure if they are of any relevance ( maybe Andy or DX can give their opinions)

 

On POST 11 when asked what is the debt for, you put CREDIT CARD,  then in POST 35 for your defence you requested a CCA section 78 credit card.

 

But then in POST 62 your defence is for an overdraft facility and loan amount. 
 

 

  • Like 1

Share this post


Link to post
Share on other sites

many thanx for your link to your post, 

at the time i had many accounts with Lloyds, but not knowing what account these guys had got.

 

Morning while sort through paperwork i found 4 CC statements that idem sent to me, but they also said that they've sent all the account copys to me dated 12/2004, 01/2005, 10/2010 and  11/2010

 

i've done the witness statement this morning is this ok?

 

Witness Statement 

 

In The *******County Court

 

Claim No. *********

 

**************Claimant and *************** Defendant

 

 

I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

3. I accept I have in the past had financial dealings with Lloyds Bank. I do not recall the precise details of the agreements but do recall it was on or about the year 2004/5.

 

4. I had been paying regular monthly payments via Step Change a debt management company up until 11/06/2018, I ceased payments once the debt management company terminated my case due to being with them for 8 years and my payments not increasing.

 

5. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.

 

6. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount.

 

 

(EXHIBIT 1)

 

7 A Section 77 request was sent on 25/01/2019 via royal mail signed for and shows as received on the 28/01/2019. The claimant to date has failed to comply to my Section 77 request in full.

 

The Claimant acknowledged by letter dated 08/02/2019 stating to have executed a copy of credit agreement and statement of account

 

(EXHIBIT 2)

 

8.The claimant claims that a Default Notice was issued in 2010 but has not provided a Default Notice

 

(EXHIBIT 3)

 

9.The claimant provided a copy of account sale agreement for the sale of debts.

 

This paper works has no name address or account number on it.

 

(EXHIBIT 4)

 

10. This claim bought by the claimant is I believe without merit and an abuse of court  process.

 

The claimant holds no valid documentation that can substantiate their claim this being:-

 

·  No Termination Notice

·  No signed and dated Credit agreement

·  No valid default Notice

·  A Reconstituted Notice of assignment

 

It would be far gracious and forthright for the claimant to admit that all the paperwork is a collection of copy and pastes in an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.

 

11. I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce.

 

Having regard to the above it is respectfully requested that the claimants application is denied.

 

I believe that the that the facts stated in the witness state are true

 

Signed.

 

Dated.


 


Andy

Share this post


Link to post
Share on other sites
Quote

4. I had been paying regular monthly payments via Step Change a debt management company up until 11/06/2018, I ceased payments once the debt management company terminated my case due to being with them for 8 years and my payments not increasing.

 

 

Debt decreasing ?

 

Quote

Having regard to the above it is respectfully requested that the claimants application is denied.

 

 

What application ? They have not made any applications .

 

Andy


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites

the debt was decreasing but only by a small amount each year, there was about 6 different accounts on the step change managment..

 

i'll take the applications bit out.


Andy

Share this post


Link to post
Share on other sites

And amend "  and my payments not increasing. " to " my Debt not decreasing "


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 The National Consumer Service

 

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

Share this post


Link to post
Share on other sites
On 24/01/2019 at 16:30, welshandproud said:

4) D failed to pay instalments due. C issued a Default Notice requesting payment D failed to pay the sums due, which consequently become immediately due and payable. Formal Demand issued 10/01/19.

the claimant - a debt buyer cannot issue a DN.

 

there is no account number in the poc, they haven't a clue what type of debt hey are litigating over.

 

have you received the claimants WS?

 

what date is the hearing

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites
18 minutes ago, Andyorch said:

And amend "  and my payments not increasing. " to " my Debt not decreasing "

the debt was decreasing but only by small amount each year..

it was step change that wanted me to increase payments, but i could not afford to increase payments, then they dropped me.


Andy

Share this post


Link to post
Share on other sites

the debt is for a CC the sent me copys of 4 CC statements dated 12/2004, 01/2005, 10/2010 and  11/2010

the hearing is the 31st of this month

 


Andy

Share this post


Link to post
Share on other sites

The statement s are not on the oc's headed paperwork but from an idem system?

have you since the claim was issued received any paperwork proving its a card??


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

The  statements are on Lloyds paperwork.

about 8 weeks ago in form of statements but only 4 of them.


Andy

Share this post


Link to post
Share on other sites

sent before they issued the claimform..??

to date they have sent no paperwork whatsoever back in reply to your CCA nor CPR requests.

they have not yet filed their witness statement which must inc such evidence.

 

yours is due Friday 17th.


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...