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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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mummycass1

lowell court proceedings

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Hi I am having a very difficult time from Lowell .

they have taken court action .

I keep trying to explain that it is not my name on the so called debt but nobody is taking any notice

 

I am having great difficulties with Lowell debt .

the debt they are claiming is mine is not in my name or have they provided any proof of it being mine .

they have now issued court proceedings

I have tried to explain all of this to them but to no avail

Edited by Andyorch
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Hi.

 

 

Do you already have a thread about Lowell please?

 

 

HB


Illegitimi non carborundum

 

 

 

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Hi I am hoping to get some info on how to deal with Lowell - court action

 

No I have just posted about the problem I am having with lowell

Edited by Andyorch
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Okies, I'll move you to the Financial Legal forum in view of the claim form.

 

 

HB


Illegitimi non carborundum

 

 

 

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Thank you

 

The problem being it is not in my name ,I have tried explaining this but it is ignored

Edited by Andyorch
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Could you let us have the information requested in the forum sticky please? It will help the guys to advise you. I've assumed you're in England or Wales.

 

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

 

 

HB


Illegitimi non carborundum

 

 

 

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just type here what has happened to you ..

 

follow the one cabot started against you in court last year

 

dx


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I have received from Lowell a debt letter but the problem is it is not in my name ,

 

I have tried to explain this to them but to no avail .

 

they then sent me a county court summons

I sent this back to court explaining that this is not my debt as they have not provided any evidence and it is not in my name .

I also returned to Lowell the same this is not my debt as it is in the wrong name .

 

they then sent me a small claims paper work ,

which again I returned with the same this is not my debt wrong name

also no proOf provided .

 

now I have received from court a letter that I have not filled in this small claims form

 

why would I its not in my name plus they have not provided prof other wise

Edited by dx100uk
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Like before youve got a claimform

What date is the date top right on the claimform N1


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It is 31/08/18

Edited by mummycass1
looked in wrong place for date

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ok so you sent in a defence

did you send in a cca request and a cpr request as before?


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No I haven't sorry

 

I have a drs appointment at the hospital ,as soon as I return I will get on to this .

Edited by Andyorch
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when you get back tell us exactly what you have done with this claim to date please

and expand on this name issue please

 

its totally not your name?


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Hi to date I have returned papers to court explaining this debt is not in my name ,

also Lowell have not sent any paper work to prove it is my debt.

 

Court replied they have sent to Lowell my return paper work and they have 28 days to reply.

 

I also sent to Lowell the same copy of the letter again saying this is not my name plus they have not provided any thing to prove it is my debt ,

the only thing I received is a small claims paper work to fill in .

 

I returned to court that this is not my name

-they returned back to me saying that they could not prosses as I had not filled it in

well I haven't as it not got my name on ).

 

So far that is were we at

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if its not in your name you don't need to do anything with it.

 

explain why its not your name

 

is it like your name [but spelt wrong say?]

or has someone taken out credit at an old address you moved out of

they've now traced you and claim its you


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have you still got the original court paperwork still?

 

on the front sheet there is a box called particulars of claim.

 

can you type that out as it appears WORD FOR WORD EXACTLY.

but leave out anything that identifies your name or address.

 

regardless to the name issue, do you recognise this debt at all?


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Hi I do still have original court docs. as for the debt no I do not recognise.

1)

The defendant entered into an agreement for a Graton PLC and Freemans PLC accountunder ref …... (the agreement)

2)The Defendant failed to maintain the required payment and the agreement was terminated .

3)The agreement was later assigned to the claimant on 04/01/2018 by Graton PLC and Freemans PLC notice given to the defendant .

 

4) Despite repeated requests for payment the sum of £719.85 remains due and outstanding .And the claimant claims.

a)The said sum of £719.85

 

b)Interrest pursuant to s69count court Act 1984 at the rate of 8% per annum from the date of assingnment to the date of issue . accruing at a daily rate of £0.158, but limited to one year ,being £37.55

 

c)costs

 

Sorry also I have not received any thing from them with a signature ?

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its a freemans shopping catalogue debt.

 

typically [since 2006] these can be taken out online by simply ordering from the website, there would have been a tickbox agreement.

very few pers details are needed for fraudsters or by identity theft to achieve this.

 

without me looking back..have you moved in recent years?


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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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why don't you log in to that MCOL website they talk of on the page where those particulars of claim are and see what the status of the claim says?

the password is at the end of the information box on the right.

 

it appears the court have excepted your defence hence giving lowells 28days..they say that in the same letter .

 

dx


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

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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 tried to get on the MCOL it is saying ( there is a error in the I.D. or password ) . at the minuet I am trying to contact the help phone number.

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if you remember this thread:

https://www.consumeractiongroup.co.uk/forum/showthread.php?481666-cabot-Mortimer-claimform-old-julipa-JDW-CAT-Debt

 

you use the same registration [log it] you did then

 

log in with it

you should see two claims.

 

then use the bits required from the new claimform.

 

dx


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

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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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