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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 ? 
    • you still got that spreadsheet I did for you?   dx  
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yodabug

Idem Claim Form - halifax / Lloyds TSB credit cards***Claim Discontinued***

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Hi all

 

defence submitted last week.

 

N180 form done ( posting tomorrow )

 

yes to Mediation

yes to small claims track

1 witness ( me )

 

 

3 copies

1 to court

1 to idem minus phone/email/sig

1 for you.

 

All fun and games

 

Thanks

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:rockon::rockon:

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.

 

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You only submitted your defence on the 13th and you have received a Notice of Proposed Allocation already ? :!:


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Yes submitted on the 14th. My Valentines gift to them, with lashings of luuuurrvvveeee !

 

Yeah they are quick on the draw !

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And the court has acknowledged your defence...sent a copy to the claimant and the claimant as informed the court they wish to proceed and the court has sent you a DQ to submit ...all in 6 days ?


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Im a bit confused Andy.

 

My timeline

 

14th - Defence Submitted on MCOL.

 

Today 19th Ive received the Letter from court - Notice of proposed allocation to small claims track. ( N149a ) & ( N180 DQ )

 

Which I have copied to claimants solicitors ( posting tomorrow ) - and posting one copy to the court office ( tomorrow ), and one kept one for my file.

 

Just followed instructions. Am I missing something ?

 

I Might have confused issues on post #76 ( where I just copied one of DX posts about actioning the N180 - and what I WAS going to do )

Edited by yodabug

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No thats fine I just wanted to make sure had received the Notice of Proposed Allocation and DQ from the court....never seen a turn around that fast ever !!!


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Hello...

 

I have had Idem's DQ returned to me.  And they have also stated in the letter :- 

 

' in addition please be advised that we have made a request to the court to place proceedings on hold for a period of one month to enable further enquiries to be undertaken to retrieve any additional information that may assist with resolving he issues raised within your defence ' 

 

is this usual tactics ? 

 

i think that it is unfair and puts me at disadvantage.....

 

is this behaviour frowned upon by the court ?

 

thanks as always 

 

They have also stated NO - to mediation ?

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well you don't agree.

 


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

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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Posted (edited)

Thanks DX  - can you point me in the rough direction as what to do to contest this please ?

 

this hasnt been yet been allocated to my local court yet and latest on MCOL just states 

 

Claim history 

You filed a DQ on 04/03/2019

 

thanks 

Edited by yodabug

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Just made a wee donation.  

 

DX - you say ‘ well you don’t agree ‘ 

 

So will the court be in contact with me  asking if this is ok then ? 

 

I thought if if they ‘ do nothing’  the case gets auto stayed ? And idem will have to pay to get it lifted at their own leisure

 

I only ask ask as I was preparing to go down the N244 route and pay myself to get the stay lifted 

 

thanks 

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Does it state on their DQ they have made application to stay it for one month ?

 

Andy


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Hi there sorry to hijack your thread, keeping a close eye on your thread as I am at the same stage and with the same DCA albeit my claim is for a loan and current account.

 

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Andy - thanks for quick response 

 

they sent back the DQ with a covering letter with the following embodied in the letter.  

 

' in addition please be advised that we have made a request to the court to place proceedings on hold for a period of one month to enable further enquiries to be undertaken to retrieve any additional information that may assist with resolving he issues raised within your defence ' 

 

Thanks 

would it be ok to PM you Andy ? 

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So you do not have any proof that they have requested a months stay from the court...they simply state so as above in an accompanying letter addressed to you ...not the court ?


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Andy

 

yes correct 

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I would take that as a pinch of salt...if they wanted to stay it for a month ...they shouldn't have proceeded to the DQ.

 

Notice of transfer of proceeding letter next informing you of transfer to your local county court and offering mediation services.

 

Then Notice of Allocation  (N157)if mediation fails or does not even happen, informing you of the court directions and what you must do next in preparation for trial.

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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

 

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

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Hi Andy thanks  very much for your input - much appreciated- I have just sent you a very short  PM ( it’s just an FYI ) hope you don’t mind.  

 

Thanks again 

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Hi Yoda i seem to be in the same shoes as you.. ref what Idem  say, ie putting things on hold for a month.. down to the last letter.. will be intresting as to what their next move would be..


Andy

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Hi WAP and This one.

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Donated.

 

Good evening all.

 

I have received notice of discontinuation.  This has also been confirmed with the court.

 

I like to say a huge thankyou to everyone that has helped with this case.

 

I would also like to say a very very special thankyou to DX and Andyorch, who really helped me see this through to the end.  You are both Gentlemen and Scholars.  Sometimes you were responding to my posts at 2/3 am !!!! I will be forever grateful.  CHEERS GENTS ! And for calming me down when I was getting stressed !

 

I think this is a fantastic community, and the best forum , I have ever used - very friendly and helpful.

 

I hope my donation helps you help others in my situation.

 

For anyone reading this thread, I did get a LOT of help.  But I also done a tonne of reading, and cannot recommend enough reading the financial legal successes to fully understand the procedures and timetable of events, and to get up too speed on everything.  It will help you out and also the moderators / helpers.

 

I also bought the Small Claims Procedures book, that will advise on the processes of the court timetable etc etc.  A great read.  I cannot recommend this book enough.

 

Thanks again everyone.

 

BIG HUGS AND LOVE 

 

XX YODABUG X X 

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:yo:


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 done yodabug. That’s excellent news.

 

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