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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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jboyd83

Credit Corp chasing aus debts

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Hi

can we possibly have some advice about how to go about repaying an australian debt please.

 

We have both a credit card and bank loan.

At the moment the credit card has been sold to Credit Corp who have contacted us.

 

We had to get back to the UK quick as my husbands job was affecting his health badly and our little boy who has his own struggles was not coping at all.

no excuses, we borrowed to get home... those are just the reasons... 

 

We are just starting to get on our feet now after being totally on the bones since returning to the uk, we are both working part time, although we dont have much disposable income we dont want to just pray this disappears so would really like help tackling it.

 

We can pay this debt and dont want it to affect our uk credit as we are beginning to repair it and trying our very best to stop this vicious circle.

 

What we dont want to do, nor are we able to do... is pay the original monthly repayment amounts, or the $5 per day interest that Credit Corp state is being added.

We also would like to avoid paying transfer fees to australia if we can. 

 

If we cant avoid these issues then thats fair enough, but ideally we want to try and sort this without too much added fees etc.

 

Is anyone able to help please?

Thank you 

 

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Won't affect your UK credit file, 

 

Send them your current UK address in writing, to protect you against any (highly unlikely) attempt to take you to court. 

 

Then don't pay them anything, and ignore them in every way, I mean phone calls, texts, letters , everything.  Unless it's a  PAP letter before Action.  Then you can run it past here.

 

Never, ever, ever speak to them by phone!  

 

This really isn't worth you worrying about.

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Unfortunately they called my husbands place of work so it would be highly embarrassing if they keep that up.

He's hoping to set up a CIC in the future and we worry incase it affects that too.

Thank you 

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Best to stay off Linked In etc.

 

Ignore them! 

 

It will not have any bearing on your UK credit, at all.

 

As above, just make sure they have your UK address, sent in writing, with proof of delivery. 

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We're just concerned about this whole debt situation never getting better, yknow...

So do you think once they have UK address theyll stop calling work?

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No they probably won't,

 

Only way to stop it is to ignore them.

 

I would just tell the receptionist to screen any calls coming to me, if I was him. Tell the receptionist that they are a persistent cold caller, and you don't want to speak to them.

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Oh christ. Theyre calling the main number and left message, he doesnt get calls forwarded its just a main office.

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Who listens to messages nowadays anyway.

 

If any one asks just tell them it's an irritating cold caller.

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Ok, he's hopefully getting a new job soon.

Thank you so much.

Are you sure this wont ruin us trying to repair our credit. 

Thanks again

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Posted (edited)

I'm sure,

 

Nothing anyone can do from abroad to affect your UK credit rating, I know from experience, plus all the hundreds of threads on here.  

 

Your husband shouldn't update Linked In etc when he starts his new job.

 

DO you have any UK defaults or CCJ's?

Edited by London1971

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Yes we do, some are coming up SB, some already SB...and one CCJ which was registered whilst out of UK... been told we might be able to try and defend it but we dont really have the spare £200 odd to apply to court to try and get it removed. I dont think theyd give us the discount off the charge with us both working.

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Great,

 

Just make sure every single one has your current address in writing.  I mean today, quick.  You can use free proof of posting at the post office.  Likelihood is, that you are home and dry on the defaults, but just in case anyone tries to chance court, you will at least be able to defend.

 

How much, Approx is the CCJ for?

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I think its about £1500. 

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In your situation I have always waited until they contact me,  (when I have had a CCJ).    On one occasion it took 2 years, on another, nobody ever bothered, and it's long past 6 years now. 

 

If / When they contact you, you could always set up an affordable monthly payment, I am paying one off at 50 pounds per month, and it's only got another 5 months left to run now. Or you could call them now to set it up.  I suggested waiting for them  because your financial situation might have improved by then.  It's also only a relatively small amount, 50 ppm would kill it in 2.5 years.

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They send an AOE but hubby wasnt working at the time so we got that stopped. 

See what happens now.

It would still affect his crefit though even if satisfied is that correct?

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It's also worth noting that paying off a CCJ makes very little difference to your ability to get credit.  How old is it now?  By the time it's 3 years old, a CCJ for that amount is hardly going to be any hassle at all, even if unpaid.

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Was reg in 2017, but dont they remain for 6 years? Will it not affect us for another 3+?

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Credit Corp have emailed, so is it worth simply emailing them his address?

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Correct, they only show for 6 years on your credit report, although it will still exist allbeit invisible to lenders. After 6 years it becomes incredibly difficult, and rare for a creditor to enforce.

 

But from a credit point of view, for example applying for a mortgage, the CCJ already being 2 years old there will be some lenders available, (at a higher interest rate).  In a year, when hopefully some of your other defaults have disappeared off your file, and the CCJ is on it's 3rd Birthday, things will be even better for you.

 

Providing you have steadied the ship, and don't accumulate anymore debts, in 4 years time, none of this will matter anymore, you will be able to walk into a High street bank and apply for a mortgage like anybody else.

 

I also would get a very, very low limit credit card, pay it off immediately, buy all your petrol on it for example.  This is an excellent way to rebuild your credit

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2 minutes ago, jboyd83 said:

Credit Corp have emailed, so is it worth simply emailing them his address?

 

No Way!

Ignore!

 

In writing only, you need a paper trail, and email is just another way for them to harrass you.

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We had to get finance for a car but it will be repaid by end of next year, so hoping that will help.

Thank you so much for your help, and lack of judgement. We are really grateful. 

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No worries, can always ask questions here,

 

Aussie debt really is the least of your worries though.

 

In fact providing you send a change of address to all of your UK Creditors, also you really don't have any other worries.

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just for ref

its VERY easy and free to go BK in AUS

you can do it over the internet

 

the info is on another aus debt thread here already.

 

there is really stuff and all they can do to you.

 

dx

 

  • Thanks 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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Posted (edited)

And would that mean they would have to cease all contact/chasing?

Would it have any affect on us entering Australia at a later date would you know?

And would it prevent my husband becoming Director of a Company in the UK? (it states it would in Aus)

Thanks again

Edited by jboyd83
Add

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ofcourse

doesn't effect anything

BK is not a crime

  • Thanks 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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