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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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Hi, *deep breath*

 

I am new to the forum so hello everyone, can i say what a great resource of information this place is i have been lurking and reading up the past few weeks and it has helped me massively and made me realise a few things too:)

 

I have been on a DMP for just over 10 years trying to payback a whole load of debt i ran up years ago (i wont go into detail, long story short i was young, naive and the crash in 2008 crippled me when all the discounted mortgage deals got pulled the day before my discounted rate with NR ended), anyway... i have only recently found out about CCA requests and as most of my debts are old and with DCA's i have decided to do some digging...

 

I have sent off a whole bunch ofthe CCA requests today recorded delivery with postal orders for £1 in each.

 

I am wondering what the likely reaction of the companies will be? I am still paying into my DMP and intend to continue doing so for now, are they likely to get uppity at my request and start adding interest and charges again or worse? I am a bit worried about that to be honest.

 

Below is a list of the DCA's and the approx amounts they say i owe, any info about how they are likely to respond or what i should do next would be great guys.

 

Cabot Financial (Europe) Ltd - 4k

Cabot Financial (Europe) Ltd - 2.5k

Cabot Financial (Europe) Ltd - £700

Clarity Credit Management Solutions Ltd - 1.3k

Link Financial Ltd 1.1k

Link Financial Ltd - 2.9k

Moorcroft - 1.1k

Paragon - 1k

Paragon - 1.3k

Wescot Credit Services - 8k

 

I have looked back and know i have more than paid back what i originally borrowed, this has been going on for nearly 10 years now and i need it to be over i think the bulk of the alleged outstanding amounts will be due to interest charges ect... but i just let the DMP deal with it for years and didnt take much notice..i also moved from CCCS to Payplan a year ago when i was toying with the idea of IVA which i didn't end up doing as wouldn't have been right for my circumstances :(

 

Any help/advice appreciated. Thanks again for being a great resource for information.

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no dca can add any charges nor interest - they are not the original creditor and are not bailiffs

so have ZERO powers to do anything.

 

shame you've been cash cowed for so long and have probably been unnecessarily paying them for 10yrs

oh well atleast they wont be able to have their free holidays so easily now

 

they have 12+2 working days to comply

as soon as they fail you stop paying each one or the lot.

 

whos the DMP with?

not a fee paying lot I hope!

 

moved to the debt self help forum

 

welcome aboard

I can see £1000's being written off here already.


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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Thank you, yes i wish i had found this forum and known about this earlier most have been with DCA's now for 9 years or more :/

 

I am on a free DMP with payplan so not paying anybody for that thankfully and was previously with stepchange,

i have asked both of them to send me all of the payments i made to them over the years so i can start to trace everything back to the original creditors and original amounts owed against what i have paid to date.

 

I will post further as and when i hear back from them, feels a bit weird but i am in unchartered territory here so appreciate all the advice anyone can give.

 

Thanks again :)

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ggod job..

 

just remember as soon as each fleecer fails the 12+2 working days timelimit

you are quite within your rights to stop payments.

 

It might well transpire that you cancel the whole PP DMP

as most will fail at the same date.

 

sadly these orgs do nothing to check enforceability like you are now

they just recommend paying as they get a cut.

 

make sure you didn't have their version of PPI too!!


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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Yes i am looking at PPI too,

there are also a couple of old bank accounts too with Santander on the DMP,

i am not sure what to do with those,

one was an original overdraft of 1300 plus but is down to 149 left so not too fussed,

the other one is a bit weird as that was originally 1300 ish too and they reckon the balance is currently 2349 ??

 

Also the account number and sort code listed in the DMP are different to the original acct number and sort code..

.i am going to query that with Payplan,

i have never received any statements or anything from Santander since the accounts defaulted so any advice on that would be most helpful!

 

Thanks again!

Edited by strike_back

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I would suspect these bank accounts are no longer owned by the OC and are now being paid to a DCA?

 

payplan charged some kind of PPI too so check their statements carefully

might pay you to send them a free SAR?


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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No it says these are still being paid to santander.. i find this surprising too after all this time they are the only ones not to pass the debt onto someone else.

 

I dont think i have any ppi with payplan i have been with them since Jan the bulk of the DMP years have been with stepchange..previously CCCS, never have fee's or anything ever been mentioned by either...i will look into this...stepchange are posting me everything i have ever paid them after me requesting the info today so it should show up there, thanks for the advice i didn't know they took a percentage.

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ok great

let the deforestation attack your mailbox


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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Well i have had my first letter back.

 

It is a response from Clarity about the 1.3k they allege i owe. They have returned the postal order to me and advised in the letter they have put the account on hold while they raise the matter with Cabot Financial who they are acting on behalf of. The letter also asks to contact them if i wish to negotiate a settlement in the meantime.

 

Should i respond in any way and should i keep paying them through my DMP?

 

Should i be concerned they returned the postal order?

 

Thanks.

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no you cease payment when any/all of them fail the 12+2 working days deadline for whatever reason.

 

and no you don't write at all.

 

so one cash cow account removed from the milking parlour

 

dx


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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Thanks, i shall wait for the 12 + 2 and then if no further response remove them from my DMP and await further contact then.

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Had a response back from Cabot on the 4k outstanding loan, they have provided a copy of the original CCA with my signature on it ect and a full soa of all payments.. and have advised it is legally enforceable, it does look like the original agreement tbf. Not heard back from them on any of the others yet though....

 

The 8k with wescot, i have not had a response from them directly but i have had a letter from 'Lowell' who wescot are apparently collecting on behalf of (i didnt know this) it is just an annual statement though, no CCA and no acknowledgement of the request, it is the first time Lowell have ever sent me anything regarding this account...not sure what to make of that.

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Best to go start a new thread in the forum of the named original creditor and scan up the lot to one multipage pdf

Read upload


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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Hi,

 

the 12 +2 days is up at the end of this week,

here is an update on what has happened since i sent off the requests:

 

Cabot Financial (Europe) Ltd - 4k - Have provided a signed copy of CCA looks accurate i will upload when i have some more time.

Cabot Financial (Europe) Ltd - 2.5k - Have provided a signed copy of CCA looks accurate i will upload when i have some more time.

Cabot Financial (Europe) Ltd - £700 - Have provided a signed copy of CCA looks accurate i will upload when i have some more time.

Clarity Credit Management Solutions Ltd - 1.3k - Have sent me a letter advising account is on hold whilst they contact CABOT about my request who they are collecting on behalf of not heard anything else - Thoughts?

Link Financial Ltd 1.1k - No response

Link Financial Ltd - 2.9k - No Reponse

Moorcroft - 1.1k - Received a letter from 'Arrow' advising moorcroft collect on their behalf, they have sent a statement of account with payments going back 3 years and the letter also has the name of the original creditor and the agreement number (virgin money) - no copy or mention of CCA and advises to contact moorcroft with any further questions - Thoughts?

Paragon - 1k No response

 

Paragon - 1.3k No response

 

Wescot Credit Services - 8k - Received letter from Wescot sending back the postal order and advising the account is owned by Lowell, Lowell have sent me a statement of account going back 4 years and also the name and the agreement number of the original creditor (HSPF), no copy of the original CCA and no mention of it - Thoughts? I am going to send a CCA request directly to Lowell with another postal order to see if they comply i think, would that be the correct course of action?

 

Any advice around next steps massively appreciated, i would like to offer low settlement offers to close the accounts ideally, would this be a good idea and would they be likely to accept? :)

Edited by strike_back
spelling mistake

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those that fail the 12+2 working days limit stop paying.

 

those that have returned what they claim is a CCA

scan it all upto ONE multipage pdf...read UPLOAD

 

then go start a new thread in the forum under the name of the original creditor [use the main forum tab top left and drill down]

and start a new thread there

give us the all info about the debt itself like you have here already

then attach the upload


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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