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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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victoriasantos

First time: Primark accidental - not let me see cctv

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Hi guys,

 

On the 12th of september I had just had a mis-carriage and been discharged from hospital.

I also had a flight that evening at 9pm to a family wedding in spain.

 

I rushed to primark to gather last minute things; whilst grabbing clothes i was struggling to hold all my shopping and couldn't see any shopping bags near me so i places a PJ set and a bra into my actual handbag.

 

Through the stress and rush I went to the cashier and paid for everything in my hand which was (£40+) and did not pay for the two items in my handbag - which is a huge oversight on my half (but i was very stressed and under a time deadline.)

 

I was approached by security staff who told me i had not paid for items in my bag which i instantly gasped at and offered to pay.

However, at this point I can not recall if I had technically left the store as I do feel as if the security had approached me just by the exit.

 

I was very cooperative as I was trying to catch my flight

- however one of the security officers was making me feel very uncomfortable telling me how pretty i look and asking me loads of personal questions (which i refused to reply to as I did not see the relevance to the issue at hand.)

 

He then began getting rather rude with me and I asked to see the cctv footage to see if i had actually left the store without paying.

They refused to show me the cctv and threatened with police.

Which on a normal day I would fight but I had a flight to catch and just wanted the day to be over.

 

I have now received the infamous letter from RLP asking for £150.00!!

Just wanted to know what steps I could take forward?

Do I send an appeal?

I actually am moving to NYC and dont want debt collectors coming to my family home whilst away.

 

Thank you!

Edited by victoriasantos

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ignore totally


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Seconded - completely ignore. If police were not called at the time then there is no chance of anything further happening. RLP will write a series of letters threatening possible (civil, not criminal) court action and when they are not getting any further they will get a debt-collector-for-hire to write another scary letter. NOTE - a debt collector WILL NOT call at your house, all you will receive is a trail of letters before the debt collector hands the case back to RLP who will then 'recommend' that their client considers court action. THIS WILL NOT HAPPEN - Primark will have filed the case once you left the store and no further action will be taken

 

There is no point appealing - all that will do is signal to RLP that they have a live one and that it is worth following up in the hope of getting some sort of payment. Similarly the CCTV - pointless in getting hold of it as you don't need it

 

There is absolutely nothing more that will happen over this bar the letters. Don't fall for their pseudo legal language or threats of eternal damnation should you not contribute to their Christmas fund!


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I won't argue with advice above but IMO there is no 'accidental shoplifting' as you had gone through the pay pont before stopped. If you had left the store, the Police could have been called and you charged with theft.

As it is, Primark could ban you from entering this or all Primark stores.

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Hi and welcome to CAG.

 

 

 

Wow, you are privileged. Four site team members giving advice.

 

 

I slightly disagree with Mariner51. I believe that taking goods without paying does happen in certain circumstances. A miscarriage is (in my opinion) as good a reason to explain your actions however it does beg the question; if you put the goods into your handbag, where was your purse at the time?

 

 

Aside from that question, you have been given the advice to ignore RLP. This is the best option. Going to the US will not be a problem either as you haven't been convicted of a crime so when you fill in the visa waiver form you can state that you have no convictions (Just don't tick the box' terrorist' as one unlucky lady did)

 

 

Put this out of your mind, recover from the miscarriage and get on with your life.


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