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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, 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 credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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WA1306

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

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cant KEEP saying this more than i already have multiple times

you never ever use phone nor email.

 

you were simply a bit late.

forget their nonsense.

 

dx


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Hi,

 

I wrote to Birmingham Midshire few times and enclosing income and expenditure but no response from them. I complained and received the attached letter upholding my complaint and offered £50.

 

Also mentioned that they can't capitalize arrears because no payment in August and asking me to call them. August payment wasn't missed but Late by 10 or 12 days.

 

Now I have received letters from their solicitor and Birmingham midshire that I need to either pay arrears in full or contact them by phone to agree on repayment of arrears or they will apply to court for eviction date.

 

I am very distressed as I have been paying monthly payments since January and kept writing to them but because of last year's arrears they are applying for eviction date. 

 

I don't want them to apply for eviction date but if I call them their staff will again not positively deal with my account over the phone. 

 

Do I  have any options at this stage?

 

I have attached copy of letters. 

 

Please help as I need to call them tomorrow. 

 

 

Scanned_20191111-1908.pdf Scanned_20191111-1911.pdf

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Very unfair

Write ba k to him

 

Tell him you do not consider the complaint closed

 

BMS have failed to research my payment history correctly

Aug 19 was met but late because xxxx

I do not believe the refusal of no cap is fair.

 

There is no legal requirement for me to discuss anything by phone and i have been very intimate d by your companies previous treatment toward myself over the phone.

 

I will only communicate by writing


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, I  will reply to the complaints team but the eviction team and their solicitors will continue with their application for eviction date. 

 

I am worried that if I don't call the eviction team I will lose the opportunity to stop eviction before it goes to court. I don't want to challenge the eviction after court order. 

 

Is El-Enn not in the forum?

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You do not call anyone!!

 

Its says ask not the will anything..

Simply designed to make you panic

add to your letter back something like please advise xxx of the same


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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

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What shall I add to letter, ex of the same?

 

What if I call for the last time and warn them I am recording the phone call?

 

I think if I don't call they will will apply for the eviction date. I can't afford to fight the eviction with 4 children and mother living w I'll l me.

 

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Advise whomever sent the vailed threat of eviction

 

You do not call then

Stop panicking

 

Write!!


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.

 

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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Hi there you need to write to them again explaining the August payment.   I can help you with the letter but it will be later this morning as I am at work and quite busy at the moment.


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Hi, managed to get letter done, (affixed) make sure it is sent by special delivery so they get it the next day.

WA 1306 letter Nov 19.doc


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Hi Ell-Enn, many thanks for the letter.  Much appreciated. 

 

I was I'll send today as you recommended. 

 

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One more question,  this letter should go to complaint or eviction team?

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post 103 already refers.

write back directly to the named person who replied to your complaint letter

they know your case

unless ell-enn suggests otherwise


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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Thank you,  I have posted the letter to the complaints.

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I would have sent it to the eviction team as they are the ones threatening you.................  guess you'll just have to wait and see if complaints pass it on.   You could always email a copy to the eviction team if you have their email add.


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I think I have their email address.  Will email copy to them.

 

If I can't find their email address then I will send copy by post. 

 

Shall I amend l letter to add if they don't capitalize arrears then let me know how much per month I should pay towards arrears based on income and expenditure I sent last month. 

 

Please note currently I am  not paying anything towards arrears. 

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I thought you were already paying an amount towards the arrears?   you should always pay something towards them.  They won't capitalize the arrears while you're not paying....  and you are at risk of them applying for eviction which, if you were to defend, the judge would want to know why you haven't paid towards the arrears. You're placing yourself in a very precarious position.   It's not a good idea to stop paying towards the arrears just because you haven't had a response to your letter.


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From January to June this year I paid £500 towards arrears. I was paying £1700 every month.

 

From July until LG last payment in October I am paying £1182 every month.  

 

I think my monthly payment is about £1070. Need to find out exact monthly payment. 

 

I must be paying £50-£60 towards arrears I think.

 

I understand I am in very difficult situation.  Shall I call them tomorrow to not further delay the risk.

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No do not call them

you are doing ok then

 

take control not let them control you and your money.

 

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

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I understand what you are saying but if my case is weak I would prefer to try and come to an agreement before they get the eviction date from court. 

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Who says your case is weak?

not us.


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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I thought you had made an offer earlier this year to pay a certain amount towards the arrears? 

 

You say you are currently not paying towards the arrears - why is that ?


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What if I pay £1000 tomorrow morning towards the arrears? Just to bring arrears down and show that I am willing to pay towards arrears?

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I paid £500 for 6 months towards the arrears.  After 6 months I wanted them to capitalize arrears.

 

I was also slightly struggling to pay 500 every month. I understand I should not have stopped but I made mistake.

 

Shall I pay £1000 tomorrow?

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Any payment you make towards the arrears is a positive step.  Going forward you should only offer and then pay what you can comfortably afford each month.  If you keep stopping and starting payments they will keep harassing you.


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Thanks. I have just checked,  monthly payment is £1175.74, for last 4 months I was paying £1182.

 

I will pay £1000 tomorrow morning.

 

What should be my next step for communication? Shall I write another letter to eviction team to inform them I have paid £1000 and offer to pay £100 every month towards arrears moving forward?

 

 

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