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    • 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?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
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Steve.H

PRA claimform - old EGG now BC card debt ***Claim Discontinued***

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Name of the Claimant ? PRA Group

 

Date of issue 19/12/2018

 

What is the claim for –

 

1.The claimant claims the sum of £4793.79 for an outstanding debt owed.

 

2.On 20.01.2005 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference …..

 

3.On the 06/05/2011 the defendant defaulted on the agreement with an outstanding balance of £5041.31.

 

4.On 17/08/2015 the debt of £5041.31 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925.

Payments of £232.96 were received up to 20/03/20108 and adjustments have been applied in the sum of £14.56.

 

5.AND THE CLAIMANT CLAIMS

1. The sum of £4793.79

 

An Egg CC debt £4793.79 + court costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Yes

 

What is the total value of the claim? £5058.79

 

what is the claim for: egg credit card

 

When did you enter into the original agreement before or after April 2007 ? 2005 should I request the CCA I believe they won't have a problem proofing I owe this debt?

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No it came off about a year ago

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.Debt purchaser PRA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes sure I did !

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

 

Why did you cease payments? Had a brain injury

 

What was the date of your last payment?19/12/2018

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planlink3.gif? Yes

 

How shall I defend / respond to this

they seem to be using bully tactics and fishing for me to pay up the full amount which I don't have.

 

in March last year they sent me a full and final settlement letter asking for £1680.37

I counter offered £1200

they refused it and said they would only take £1945 which is bizarre.

 

PLEASE SEE ATTACHMENT,

I questioned this on another forum and was told the wording is not right and the balance should be zero.

 

If you have not already done so – send a CCA Requestlink3.gif to the claimant for a copy of your agreement

(except for Overdraft/ Mobile/Telephone accounts)

 

Will Do !

 

Particulars of Claim

An Egg CC debt £4793.79 + court costs I went into arrears in 2010 after a head injury and have been making monthly payments. Egg was bought by Barclaycard since then and then they assigned/sold the debt to the PRA group 17/08/2015.

 

I have been paying without missing a payment but have not done their constant requests for income and expenditure.

I got a letter November 13th say my account had been transferred to the investigations and litigation department which I ignored.

 

Thanks for your help I don't have long to respond to this claim :(

IMG_20190104_194517.jpg

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Request the CCA and CPR from the solicitors.

 

its unlikely theyll get a compliant egg agreement from that far back. Most simply dont exist. Plus the debts are chock full of charges.

 

First, go to mcol and acknowledge the claim, make sure contest jurisdiction is unchecked and click through to the end and exit mcol. This submits your acknowledgement and gives you more time for a defence.

 

The likely reason theyve gone to a claim is because youve blindly paid without question for all this time, and they have you marked as gullible. Put them to proof that they can indeed chase you for this.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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why have you come here SOOO!! late

I hope you have already acknowleged the claim [AOS] on MCOL website

else you might now be TOO LATE, and might already have LOST THE CASE.

you've lost 17 of your 33 days total to file a defence...

 

 

go it done NOW!!

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]


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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Thank you for the reply dx100uk,

 

I was away but I still have until Monday I think as its 5 days + 14 ??

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Get that ack done now. Then check to see if its been accepted.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I make it sunday but get it done NOW

get the CCA/CPR away to PRA group tomorrow by recorded.

they'll have a job in getting the signed agreement [unless it was online?]

and the EGG T&C they never get right either.

 

esp as they say its a Barclaycard in their poc!!

they mention nothing about EGG on the court N1 do they?

  • Confused 1

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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and dont tell them it was egg. If they try to come up with a barclaycard agreement, theyve already done the work for you and the claims sunk.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Kewl I have submitted my acknowledgement on MCOL and might even send the CCA special delivery as it will get their Monday guaranteed :)

 

Thank you my friend !!

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and the CPR in the same envelope

pra have inhouse solicitors so no sep address is listed on the N1 form?


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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Sorry what is a CPR do you have a template please?

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Also does PRA being assigned mean they own the debt I have read they are not a DCA but purchase the debt?!

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post 3

 

pra are debt buyers


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 again,

 

I have sent the CCA and CPR via first class signed for which they should receive Monday, I have also acknowledged the claim(AOS) but this has not been approved yet I hope MCOL do this on Monday!

 

But what would my defense be to this claim if they produce the CCA that is?

 

That I was making regular payments under an old agreement and they should not have cancelled it ! Thanks in advance.

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Dont jump ahead of yourself just yet. They wont be able to produce the CCA. Why? Because they think its a barclaycard. It isnt. SO theyve already screwed themselves over with it. Of course you dont tell them that. Its also highly unlikely they will even fulfil the CCA request, so the claim will just get stayed.

 

Be aware they may send you letters of their own back saying they have requested judgement, even though the courts timeframe is still in effect. They do this so you dont fill in you side of the claim, and then they WILL go for judgement by default, leaving you with no avenue of counter.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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need to get reading up steve

as far as I can see you've not read one other claimform thread in this forum.

 

although your defence is not due till day 33 [21st by 4pm]

no harm is finding out the stages of a claim and what to expect/do in the 'downtimes' between stages


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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"What was the date of your last payment?19/12/2018"

 

So, are you still making monthly payments on this debt?

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Yep I am atm I will have to see how it pans out and what they come back with !

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I am paying £7.28 a month atm.

 

I rang MCOL my AOS has been accepted and the CCA and CPR arrived today signed for ! I have until the 21st to defend the claim.

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I am paying £7.28 a month atm.

 

What's the history behind this arrangement? Had you agreed it with Barclaycard or PRA?

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Hi Shamrocker,

 

It was agreed by BC originally!

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Hi Everyone,

 

Due to a family issue I have not give a defense to this court action and its due tomorrow I requested CCA and PRA have sent a letter 16.01.18 saying they have requested the required information from Barclaycaed.

 

But what would be my defense be in this case, do I dispute the whole claim on the grounds that no CCA has been produced ?

 

Thank You in advance

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PRA also included a letter from Barclaycard posted to me in Sep 2015 which basically said that my account was closed with BC and transferred to PRA group with an outstanding balance.

 

So they have not produced the original CCA but I am unsure how to defend this.

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Adapt a similar defence to suit your particulars...plenty of none response to CCA requests in the following....

 

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

 

Andy


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

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Thanks Andy,

 

I have read a few threads on your link but I would like the wording for the defense and the ones I have looked at don't have the wording !

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