Jump to content


  • Tweets

  • Posts

    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   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 has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. 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.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. 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.   5. 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;   6. 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.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. 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.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
  • Our picks

joeblogs

Drowning in Debt and very worried for my elderly friend

Recommended Posts

Hi Everyone

 

On behalf of my elderly friend and on the advice received on this forum, last week I sent Nationwide a Section 78 Letter with a £1 Postal Order by Recorded Delivery.  My friend did not sign the letter as advised, I just typed his name at the bottom.

 

Today he has received a reply from them saying 'you have not signed the letter of authority, therefore I am unable to respond to your request for information at this time. 

 

I have returned the letter of authority that you have provided.

 

Please ensure when making any future requests for information that the letter of authority is signed and that you provide the relevant fee, which is £1 for each of the accounts that you require information on'

 

Written on the top of my friend's letter to them is '£1 postal order received 15.10.19.'  They never returned his postal order.

 

Can you please advise me what I can do next for my buddy.  Thanks

 

 

 

Share this post


Link to post
Share on other sites

theres no need to send the CCA from 'you'

just send it as if its him doing it

that way, it negates the need for a letter of authority

 

its the CCA request he does not sign.

 

he obviously, if you included one, has to sign the letter of authority..


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 

 

Share this post


Link to post
Share on other sites

Hi DX100

 

Sorry I think I have confused people.  I only typed the letter for my friend as coming from him (not me), for all Nationwide know the elderly man typed the letter, sent the Postal Order and sent the letter by Recorded Delivery.

 

It was NOT a letter of authority, it was the Section 78 letter from your library.  So as Nationwide are not accepting my friend's letter due to him now signing it what should he do now, resend it and sign it or what can anyone suggest.  They have kept his postal order.

 

Thanks

Share this post


Link to post
Share on other sites

Thank you

You do not have to sign a cca request.

I will assume he has not moved since taking this out and omitted to inform them?


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 

 

Share this post


Link to post
Share on other sites

Hi DX100

 

Thanks for replying.  No he has not changed address.  They are insisting that the cca request letter must be signed.

 Can you please advise me as to how he should reply to them.

 

Thanks

Share this post


Link to post
Share on other sites

please show me where under the consumer credit act it states I must sign a CCA request, which is my legal right under the act to use to request a copy of the agreement I signed upon opening the account?

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Simply get your friend to squiggle his name...not his usual signature...they dont know his signature.Its no use trying to educate NW about the CCA1974 and section 78 requests


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

Share this post


Link to post
Share on other sites

LOL thats funny about educating N/W.

 

So I've told him not to worry and we will send them back the letter and a letter explaining what DX and Andy said.

 

Thanks for all your help.

Share this post


Link to post
Share on other sites

Good day everyone,  as advised, CCA1974 section 78 request letter was sent back to N/W yesterday with an add on 'where does it state on CCA that the request must be signed?', my buddy sqwiggled his signature at the bottom of the letter and I took him with me to send it by Recorded Delivery.

 

This morning I have popped into see him and he showed me his phone, N/W sent 11 text messages yesterday afternoon in one hour and this morning they have already called 6 times and it's only 09.40am.

 

Is there some organisation that these relentless calls and texts can be reported to?

 

His family are coming to see him later today as they carry out his care needs and I'm going away next week but have told him he can call me if he gets worried about anything. 

 

Before I go I would really like to know if N/W can be reported for harassment. 

This guy who is reliant on disability benefits and per my original post on this thread,

 

I called N/W with his consent and asked if they would accept on his behalf £285 per month which would have made him struggle,

I feel really guilty now as they still refused his offer. 

I cannot believe what lengths these creditors will go to.

 

Thanks everyone

Share this post


Link to post
Share on other sites

Retain the log by way of the phone dont delete anything may become useful if they wish to progress  legally.


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

Share this post


Link to post
Share on other sites

yes log everything

then a formal complaint can be made to the CEO email address

and if no joy off to the FOS.

 


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 

 

Share this post


Link to post
Share on other sites

Hi and thanks for your replies.

When my friend was answering his telephone to N/W he complained then about the harassment and they said they would look into it.

He received a blog email off them which just touched on the constant phoning and they said

'In terms of the calls you've been receiving, these are dialed automatically from our Collection and Recovery Team and I apologise for any upset caused'

 

I've had a quick look at FOS on this site and it doesn't appear he would benefit to complain to them.  He does have a smart phone so all the calls are logged and I've shown him how to block the calls as they keep using different numbers.  I think that's the best way forward until he hears from his request CCA 77 and 78.  As mentioned Monday N/W said that CCA 78  had to be signed.  He sqwiggled at the bottom of the letter and he will probably get a reply when I'm away.

 

Unless anything else crops up before I go away, I want to thank everyone for their assistance.  I have reassured my friend that nothing bad is going to happen and I will come back with updates when I return.

Share this post


Link to post
Share on other sites

Hi everyone

 

Just wanted to update the forum and ask for more advice as I am helping an elderly man who has got himself into a financial mess.

 

You will see from my post number 26 that N/W returned the request but not the £1 postal order and stated in their letter 'Please ensure when making any future requests for information that the letter of authority is signed and that you provide the relevant fee, which is £1 for each of the accounts that you require information on'  

 

I took the advice in post number 31 and resent the letter on 22 October adding  'where does it state on CCA that the request must be signed?' and got my friend to sqwiggle his name at the bottom of the letter.  I also reminded them in that letter that they had already received a postal order for £1 which was sent with the request and that it was not to be used for any other purposes.

 

Upon checking all of his letters over the last couple of weeks, I see that N/W have only gone and added the £1 Postal Order onto the credit card debt as a partial payment on 15.10.19.   -   Any advice on this please as I have already written on behalf of my friend twice to N/W pointing out the obvious, however, they seem to be doing their own thing.

 

With regards to his loan with N/W, he sent a letter on 14 October under section 77 enclosing a £1 Postal Order and they have sent him a copy of his personal loan agreement - and returned the £1 postal order for that request!!!

 

Also he has received from Barclaycard a reconstituted copy of his credit card agreement.

 

I could do with advice on how to move forward with N/W using the £1 postal order against his debt and how to obtain a copy of his agreement under section 78.

 

Also, what happens now that he has copies of his N/W Loan and Barclaycard agreements.

 

All advice gratefully received, thanks.

Share this post


Link to post
Share on other sites

Scan redact and upload a copies of what they have sent you for opinion.

 

With regards to the £1 payment....they must account for the payment somewhere so very often add it as a credit against the debt...but its not a credit nor is it an acknowledgment its simply a valid legal fee to request paperwork pursuant to section 77 CCA1974. Now you know what that payment was for and so do they....and if it ever came into question if arguing statute barred and limitations it is obvious to all that its a section 77/78 request payment and not a credit.....so dont concern yourself with that..

 

Andy


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

Share this post


Link to post
Share on other sites

Thanks Andy.  Do you just want me to upload his N/W Loan and Barclaycard agreements or do you want me to include the £1 debacle letter?

 

None of his debt are statue barred as he has been paying right up until September 2019.

 

I will upload when you tell me if you want to see.  Thanks.

Share this post


Link to post
Share on other sites

I have gone through the two CCA documents, scanned them, transferred them into PDF's 

 

my elderly friend is getting more and more upset due to the high pressure of harassment he is experiencing from the two creditors in the way of tree loads of letters and daily phone calls - the calls are blocked, but I looked at his phone and one day he had 22 phone calls.

 

He does have mental health issues and is due to see his Mental Health provider next month. 

B/Card have sent him a form and asked him to ask his psychiatrist if he will complete it. 

 

I've had a look at this form 'Debt and Mental Health Evidence Form' and if he can get it completed it can be copied and sent to all creditors along with an I/E form, then B/Card have said they will decide what direction they will take.  The Evidence Form is not specific to any particular creditor which is great if he can get it completed.

 

Bearing in mind, his appointment is not until mid December, then we have Christmas and New Year, I don't think the Evidence Form and I/E will get looked at until the New Year.  I have got time before Christmas to help him complete an Income and Expenditure form, or I can ask the family to help him out, but they are more 'hands on' with dealing with his disabilities, medication and health complications, so I don't mind spending a couple of hours going through an I/E with him, also he tends to open up to me more than his family.

 

Should I help him complete an I/E and send it to his two creditors, or should he wait and send the Evidence Form and I/E together.  I personally think it's better to send them both together, but it's the threatening letters he keeps receiving and phone calls which are making his mental health worse.  I do my best to reassure him and would welcome opinions on what I have suggested in this post.

 

Thanks for all your advice.

 

 

BC_CCA_return.pdf Nationwide CCA return.pdf

Share this post


Link to post
Share on other sites

pdf's in above post


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 

 

Share this post


Link to post
Share on other sites

The Barclay Card response is pants and invalid......so its your choice what you wish to do with that.The NW agreement looks legit and enforceable ...is that the correct start date Sept 2017 ?


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

Share this post


Link to post
Share on other sites

Hi Andy

 

Yes the N/W start date is correct, he's paid 2 years of a 3 year agreement, there is one year left owing.

 

Thanks for the advice on B/Card.

 

So going back to my post 42, should he wait until he's had his appointment with his mental health provider mid December and hopefully they will complete the 'Debt and Mental Health Evidence Form', then he can send copies of it to N/W and B/Card with an income and expenditure, the only thing with that is it won't be looked at until after Christmas?   Or has anyone got any other suggestions?

 

Thanks

 

 

 

Share this post


Link to post
Share on other sites

Hi everyone

 

I could do with some advice now as to how to move this problem for my friend forward.

 

Should he wait until mid December and ask his Mental Health psychiatrist to complete the Debt and Mental Health Form and send it to B/Card and N/Wide with an income and expenditure, or can anyone suggest anything in the meantime.

 

I personally think he should wait until he's see his psychiatrist, but then they won't get any correspondence until the new year.

 

Any suggestions gratefully received.

Share this post


Link to post
Share on other sites

Well there's no need to respond to Barclays at all they dont have an enforceable agreement...but with regards to NW you could inform them of the position and you will contact them again in December.


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

Share this post


Link to post
Share on other sites

Thanks Andy

 

N/Wide didn't send him the Credit Card agreement, instead putting the £1 for the CCA Section 77 against the debt, so he doesn't know if the credit card is enforceable.

 

I could always advise him to ask N/W to send the agreement when we tell them the position and we will be back in touch in December.

 

Thanks

Share this post


Link to post
Share on other sites

Presumably it was stipulated in writing that the £1 was for the CCA, and was not to be used against the debt, if so should be OK.


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 OTHER

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...