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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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WA1306

Birmingham Midshires application for permission to renew a warrant of possession after 6 years

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Do you have any letters received from their arrears department?


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Hi Ell-enn,

yes they sent arrears statements but unfortunately I can't find them.

 

What I remember from last statement around last month arrears were around £3k.

When I asked them last week why £17k and whether they added charges.

They said no charges added to this figure , all charges are added to the balance including court fee.

Edited by dx100uk
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I asked if you had any letters from the arrears dept as it would have an address on. if you have the telephone number for the arrears department ring them in the morning and ask for a dedicated email address and also their direct postal address - don't get into any discussion about the account, just say you are taking advice and need to send them some information urgently.


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I will get the email address and postage address tomorrow morning.

 

I am slightly concerned that I offered them to pay £2000 every month over the phone on Friday and also paid 1500 on the phone.

 

From income and expenditure they did with me over the phone there is surplus of 3292. I won't feel comfortable committing to pay 2000 towards arrears every month just for arrears and 1175 for contractual monthly instalment.

 

I can easily pay 500 towards arrears comfortably. Specially my next monthly payment is due on 27th. Having already paid 1500 few days ago I won't be able to pay 1175 plus 2000 on 27th.

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I tried to contact the court few times today to find out if I need to attend the hearing on Wednesday or is it just paper hearing but couldn't get through the automted service. Will try again tomorrow.

 

I have got the eviction team email address and postal address.

 

Ell-enn, Please help with the offer letter so I can email offer to them. Does this need to be before the hearing on Wednesday?

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It doesn't need to be before Wednesday - there is no hearing as we have already explained srveral times

 

In order for me to help you with the letter I will need some information - please answer the following in order:

 

1. is the mortgage in joint names ?

2. how long has the mortgage left to run?

3. how much can you comfortably afford to pay each month towards the arrears?

remember you will have to prove your income and expenditure in court if the lender does go ahead with an eviction warrant and we have to put in a defence.


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1. is the mortgage in joint names ? Yes, with my sister who is married. She no longer has financial interest in this and only keeping her name because getting it removed was not a simple change. I only make mortgage payments.

2. how long has the mortgage left to run? 10 years

3. how much can you comfortably afford to pay each month towards the arrears? £500. Although last week after income and expenditure I offered 2000 but I think that won't be affordable if anything happens.

Edited by dx100uk
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OK, I'll draft a letter for you in the morning as I'm working on something else tonight. Are you able to work with Word documents ?


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Thank you. I appreciate your time and help. I can work with word document.

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Hi, affixed is a draft letter - you need to put your address at the top and the correct lender department and address where indicated.

 

Sign the letter and make sure you take a copy and keep it safe as we may need it to put with a court defence.

 

Send by Special Delivery (costs around £6 but they get it next day and have to sign for it) make sure you keep the postal receipt safe as it will have a tracking number on it - you then check on the royal mail website a few days after posting the print off the signature receipt - keep that safe with the copy letter.

WA 1306 letter.doc


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Many thanks Ell-enn. I will post this to them as you advised.

 

Will update you as soon as they reply back.

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I have posted the letrer as instructed. They should receive it by 1pm tomorrow.

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Just checked online, letter was delivered this morning.

 

Shall I just wait for their response to whether offer accepted or not or call them to find out?

 

I don't know what decision court gave yesterday. Will there be a letter from court to inform us the decision?

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Don't ring them! wait for their reply. I expect the court will advise you of the decision, but they can take quite a while to get the letters out so don't be surprised if it doesn't appear for a week or so.


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I expect BM mortgage will reply in either case. Can they completely ignore my request without any reply and go ahead with eviction?

 

After the court decision on Wednesday, next step for them is to send me eviction letrer telling me the date I need to leave the property? Or is there any further stage?

 

I am very worried as it sounds I am very close to eviction.

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remember now the GOLDENN RULE...NEVER EVER TALK ON THE PHONE AGAIN.. unless we tell you too.

 

there is no eviction...


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

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Talking to them over the phone has always been stressful. Had I avoided that in the past I wouldn't have been in so much arrears.

 

What do you mean there is no eviction?

 

Also, next mortgage payment is due on 27th January. Shall I pay additional 500 towards the arrears even if they don't reply by then or refuse my offer?

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there is no eviction..stop latching onto that word

they've got to apply for it etc etc

 

they probably only did this because you stopped payment and found they couldn't evict you as nothing was in force to allow them do it IF they want too.

 

now there is , but you've re opened comms so even if they did try any judge will not allow it.

 

you made a mistake, that's the only reason this all started.

 

yes pay what you have promised.

and STAY off the phone..


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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The reason I am using this word is that I still don't understand the stage my mortgage account is at.

 

It is still not clear to me whether 9 years old spo is still valid or whether they asked for it to be enforceable.

 

I agree I made mistake by not paying.

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well they wouldn't of gone to court asking for permission to possibly apply for a warrant IN THE FUTURE if they could have just gone for an eviction.

 

you need to read post 15 CAREFULLY..and understand it.


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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You should most definitely pay what you have offered in your letter. If they do apply for an eviction warrant then we will be able to show that you have kept to the arrangement you offered.

 

The 9 year old SPO will always be valid, however if they haven't actioned it in the last 6 years they have to ask the court for permission to do so. As you have got into quite a bit of arrears they are probably covering themselves in case your arrears get worse and they have to try for eviction.


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While I was panicking last week, I contacted ombudsmen for outcome of my complaint.

 

Today I received email asking me to sign the form and explain what has actually happened since my complaint.

 

Will this complaint have negative effects on my offer to Birmingham midshire? Or shall I continue with complaint?

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The complaint will make no difference to your offer - it's a separate issue.


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Hi,

 

Just got home from work and found letter from court. Please see attached.

 

It looks like claimants solicitor attended the hearing but I didn't.

 

The permission is granted valid for 1 year while claimant requested for 6 years.

 

Where do I stand now? Next step for me please .

 

Appreciate your help.

20190125_190524.jpg

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