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    • Thanks Dx. I have tidied the defence up with your suggestions amended. Does it look right now? Thanks!   1.    Monies due under current account facility xxxxxxxxxxxx. The claimants claim is for the balance outstanding under the facility provided by Halifax to the defendant. It was a term of the bank account that any debit balance would be repayable by the defendant in full on demand.   2.    The defendant has failed to repay the amount due following the service of a demand.   3.    The debt was assigned to the claimant.   4.    The claimant therefore claims 1. 5k 2. costs   Defence   1. The Defendant contends that the particulars of 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.     2. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.    3. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.   4. Paragraph 1, Whilst I accept that I have in the past held a current account with Halifax Bank Plc. I have not serviced this account since 08/07/2016 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Halifax Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.    5. Paragraph 2 is denied as the original creditor has failed to serve a Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and the Claimant is put to strict proof to evidence any breach.    6. Paragraph 2 is further denied as i am unaware of Halifax Bank ever providing me with a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand / Recall Notice and Notice of Assignment.   7. Paragraph 3 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of 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 credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   8. Paragraph 4 is denied. 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 Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.   9. As per Civil Procedure icon 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, which this claim is based on. b. Provide a breakdown of their excessive charging/fees levied to the account with justification. c. 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. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.   e. Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.   10. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the *******. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.     11. 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.    
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    • Thanks Dx. Amended defence set out below. Does it look right now?   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of 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.     2. 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.     3. Paragraph 1 is denied. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is denied. I am not aware of any payment terms for the stated agreement.     5. Paragraph 3 is denied. It is denied that Cabot Financial served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.   6. Paragraph 4 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served by either the claimant or the original creditor.     7. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. 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 82 A of the Consumer Credit Act 1974     11. 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'm generally convinced that there is at least 2 users on MSE that's in my thread that has friends or family or even themselves that have similar line of work to MB or Gladstone.   I don't mind different opinions but they're just throwing out playground insults to me for using that letter saying I'm stupid, prat, idiot etc etc for doing it and not including in the letter without prejudice so it can't be used against me in court. I think I'll leave MSE and just stick with CAG and in this case.    
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
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      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Lowell claimform - 2xCap1 card debts


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Thought you didnt want a hearing :becky:...with or without a hearing either in court or remotely you will still be given directions to submit a statement and documents.

 

Andy

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Thread moved to Financial Legal Issues Forum.Please continue to post here to your thread.   Please read the following link and the copy and paste the Q,s and your responses back here for fur

hehe appreciate that, sort of runs with my username, now that goes back further than even the internet, but has run through since my days on CompuServe...   keep us updated...   dx

not your problem.   if the fleecers want to issue a claim that they have no idea about, that's their problem. more to put in your WS about their total incompetence and abuse of the lega

Thanks Andy, if that is the case then ill just go with the Papers determination if its more or less the same and I get the chance to submit a statement, thank you

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  • 1 month later...

Hi Everyone,

 

I've been in away and came back to the 2nd attachment (NASCT) Sunday night.

 

The first "GFJO" file attachment was from a few weeks back and I assume means the court is just asking the claimant to do somthing which I assume they did because of the 2nd attachment.

 

I have just done a search on the forums for an example witness statement and found this, Could I use this to create mine using their Statement? I know it is very rough and need tayloring, etc

I have just had by email the witness statement from Lowell, it is 75 pages long and has the CCA, Assignments, etc in it ands other stuff. The things I asked for in my CCA & CPR request back along and never got! No surprise I guess!  I could upload that if it helps but looks

 

Pleae could someone explain pt 13 about the £170 fee, is this something i have to pay?

 

TIA

Sew

GFJO SO.pdf 04092020 NASCT 2P.pdf

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so how did the fleecers get your email address to allow them to file their WS so near your deadline of 2 days for yours?

 

we MUST see all their WS please

inc all the exhibits

in ONE multipage PDF to be able to help at this late stage.

 

the fee is for the fleecers to pay not you..

 

 

 

 

 

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please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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TBh, I dont know as Ive had no direct contact with the fleecers and passed it on to them, maybe fomr the orig docs or court docs?

 

Yes, nice and late as expected

 

Im working through thier witness statement now, redacting, etc, up soon

 

 

Attched DX, thank you

Notes:

Personal details removed

Dates removed, if you need them back in I am happy to DM the doc to you privately or redo the redaction and leave them on. I thought they might be able to identify me from them

Left exhibit no's in but cut out the paralegals initials

 

Exhibit 2 & 5 pages are removed completely as they were only 25 pages of acct statements, and to make the redacting quicker i just removed them! hope this is OK

All my sigs are electronic, dates look out of alignment

 

Exh 3 - No letter header on and who are Creation FS at the top of page 12, no space after "contacting us??? 

 

Biggie! (well to me anyway)

Look at page 37, Exhibit 8, its labelled for a completely different person, date, case number!!!!!

 

Exh 1 & 4 - Agreement numbers look a bit fuzzy to me and not in keeping with other typefaces, pasted on?

page 15, why is my name and acct number smaller? like typed on a sheet?

 

Loads and loads of letters missing off of page 27, Exh 6!

 

Page 20 - The table with Credit limt and Acct number is in blue but rest of doc in black, strange or not?

 

Thank you

Sew

I shall be making a donation to this site after, promise! amazing help so far

 

Witness_Statement_-_REDACTED.pdf

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so no default notice for card 1

is your name simply typeface and you signed up for these 2 card via an online portal?

yes make notice that they have forwarded someone else's stuff

i believe there trumpeted letter of claim for each debt, that they carp on about as you ignoring each one
are not in the correct format nor are entitled letter of claim, as they should bee.

online agreements should hold some record of the ip address etc from the pc from which you used to gain the credit

on neither can i see any such proof.

as you quite rightly point out
all someone could have done is download those from any website like CAG and insert your details

the T&C's don't have your name and address either and again are not proof they were ever the correct or the ones sent to you

nice try lowells
but all the documents could have been faked by cut and paste.

 

i'm not sure on an already done WS, there is one

 

andyorch will be far better placed.

 

as with your defence a day or 2 late under LIP rules wont hurt you.in filing late

 

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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so no default notice for card 1 Nope. that's all there is

 

is your name simply typeface and you signed up for these 2 card via an online portal? Yes and Yes, no sigs

 

yes make notice that they have forwarded someone else's stuff, I will do so

 

i believe there trumpeted letter of claim for each debt, that they carp on about as you ignoring each one
are not in the correct format nor are entitled letter of claim, as they should bee. OK

 

online agreements should hold some record of the ip address etc from the pc from which you used to gain the credit

on neither can i see any such proof. OK, this is new to me, should I raise it?

 

as you quite rightly point out all someone could have done is download those from any website like CAG and insert your details

the T&C's don't have your name and address either and again are not proof they were ever the correct or the ones sent to you

nice try lowells but all the documents could have been faked by cut and paste. I know, looks a tad fishy, no way to prove I guess

 

i'm not sure on an already done WS, there is one

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Have a go at drafting your statement and post it here in PDF format and I will get back to you with any amendments additions.

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Use the one I have previously drafted above in post #53 and follow the claimant statement as a guide......responding to each of their points and copy the format. 

  • Like 1

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 The National Consumer Service

 

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Hi,

 

I've made a good start, 3/4 pages using my Def to start and some paragraphs from Andy's example on that Kearns thread, ive hit a bit of a block in regards to addressing their statement points and how to respond, getting a bit overwhelmed and taking a step away to think about it, I'm slowly getting there though. what bits to take out of my def, what to say in my individual replies to points and trying to understand the legal text in the points/texts. Ive had a few good ideas and will use them. 

 

I have other massive things going on outside of this and they're stopping me focussing.

 

So, toi give me a bit of time will LIP cover me to respond on Monday, it was due 4pm yesterday and you've said I can be on 1/2 days. I really need the weekend to get my head around it, mentally mostly.  

 

TIA

Sew

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Hi Guys, sorry I am late.

 

I hope under LIP I can get this in today, was due last Thursday 4pm, 2 working days late, should be OK I hope

 

I just couldn't face it Friday, too overwhelmed by the legalease and what to do then developed flu/cold with heavy covid cough over weekend and didn't feel up to it BUT been on it for last 90 mins and got right into the zone and found a couple of other cock ups by Lowells!

 

Both agreements have the WRONG acct number on, couldnt believe i missed it!

 

I led with my defence and then have tried aligning my against theirs with my own headings, b1, b2, c1 in case you want to refer to any point or mistakes  

 

Please can someone take a look please and check its passable

 

TIA

Sew

Witness SB.pdf

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looks good though might be a bit better to focus all the wrongs into just one or 2 points as its not 100% clear that you are pointing out the agreements are not even yours and/or are not even the same agreement numbers as previously quoted?

 

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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3 minutes ago, dx100uk said:

looks good though might be a bit better to focus all the wrongs into just one or 2 points as its not 100% clear that you are pointing out the agreements are not even yours and/or are not even the same agreement numbers as previously quoted?

 

dx

 

 

Ok Dx, will do, better impact, thanks

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v2.0 up. lol

 

More emphasis at the end to the 2 dodgy agreements

 

Funnily enough as i was doing it I made notes in order of the exhibits and the issues with each but felt I had to follow the run of their claim & WS, should have stuck to that as a pattern for mine

Witness SB v2.pdf

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yep that looks ok to me now

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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