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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.    
    • MPs are pushing authorities to respond to allegations of potential fraud at certain banks, whereby it’s claimed home repossession documents weren’t actually signed by the authorised signatory View the full article
    • 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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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      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.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      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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Return of vehicle, distance sale


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Yes, I did write before I offered to accept £1775 without prejudice, 

 I'm presuming I can withdraw the offer of settlement if he does not agree to be let off so lightly,

 

 

see further up for my correspondence today from TS,

not only had he committed a crime by omitting required pre contract information, 

the dealer told me in an earlier email he had no idea of the legislation etc.

 

I pretty much answered that it wasn't my problem he didn't know,

and as a trader he should be well aware of any and all legislation. 

 

Pretty fed up with the whole situation at the moment to be honest,

I can pm the email received by the trader for more insight of what I'm dealing with.

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What does "TRADEFLAG  Trade" signify in the advert?  Is that meant to warn potential buyers that this is a trade sale only?  If so, does it have any effect?   Just to add on the OP's be

We do have a Scotland Financial Legal issues Forum which will give you plenty of advice re the Legal Position.   https://www.consumeractiongroup.co.uk/forum/371-scotland-financial-legal-issu

Unfortunately not, when I sent the template letter on the advice of the consumer advice despite being in email ping pong with them for 2 days about the fact I was reading legislation that he was in fa

3 minutes ago, Manxman in exile said:

Aton - I see you've reacted to my post.  Note I've edited it since you read it.  I added the bit in asterisks about reasonable timescale.  Like I say don't just rely on me - see what others say too

many thanks for your response, to be honest I think I have given him enough time, he says he has always been willing to resolve however the offers of a refund haven't come before the last 48 hours,  so I presume either TS have been on to him or he knows I mean business about my rights as a consumer and won't just roll over and go away. 

 

I can't see ADR not going in my favour to be honest so I think that might be the next step in all honesty because I'm all bit annoyed at being more than 400 out of pocket if I do go for £1775 and that was me being generous and trying to meet him half way on his deduction of 150 from the cost of the car... now he's saying it will take him 3/4 days to collect the car and get it back because of his health which is totally irrelevant,  as it was seemingly perfectly fine when he sold me the car.

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he doesn't know what TS said exactly to you so don't exactly tell him.

 

i'd email him telling him that

 

I have today received a reply from trading standards regarding the issue,

i now remove forthwith my offer of settlement @ £1775.

 

the offer of settlement is now (what you think is owed)

 

i give you 24hrs to settle the issue as i now have a very tight response time limit regarding TS concerning both the criminal and the consumer matters they refer to.

 

for want of clarity, by xxx time on xxx date, should £xxxx not appear in my bank account, legal matters may well escalate quickly and might be out of my control .

 

 

 

 

 

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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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Could I pm you a copy of today's correspondence with the dealer dx100uk? 

 

I'm not sure he would respond to the suggestion you have just put forth, although I do agree it is a good one...

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if you wish, but he's been dangling you like a fish from dayone...

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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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as  PM advice is not allowed for the record...

 

other than names the PM msg of emails quite is ok to go to this thread

and it's total BS on his behalf,

 

he knows full well the legislation and has taken you for a fool from day one.

nothing he is saying will ever sway a judge.

he has been trading for years i bet...

 

send that email.

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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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dx100's suggestion at #128 is better than mine - it's more immediate and more no-nonsense than my suggestion.  And yes, the dealer's stringing you out for more time.

 

The only thing I would try to work into dx100's wording is something to clarify that the dealer had rejected your offer before you are now withdrawing it with immediate effect.  I don't think it's absolutely necessary but just ties up the loose ends.

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him rejecting the offer bears no relevance

 

 

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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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I will email dx100uk 's suggestion in the morning,  I completely expect to be ignored but I shall inform TS and advice Direct of the correspondence between myself and the dealer over the last couple of days.

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you need to clarify with Advice Direct that the scottish legal system is the correct one to use rather than MCOL CCBC as the trader resides in england and sold it in england too

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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I think referring to the dealer's rejection of the OP's offer can be relevant because it explains and justifies the OP's subsequent withdrawal of her earlier offer.

 

It may not strictly be necessary (dx might argue that the OP's withdrawal of the offer need not be justified and the reasons for it can be inferred from events) but to my mind it puts the OP's withdrawal of the offer clearly into context and explains why, making it easier for a third party to follow the events.

 

As I say, I think it's relevant but I don't think it's necessary to the OP's argument, so it can be omitted.

 

(Of course, there may be other reasons why dx100 thinks it not a good idea to touch upon the rejection, but I don't think it's because it's irrelevant?)

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no the withdrawal is immaterial to the fact that TS are now clearly stating they confirm, in writing, there are serious criminal and consumer issues regarding the whole transaction. detracts from that very important development. 

 

TBH all that has gone before is now somewhat irrelevant.

 

 

 

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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Update : final chance to the dealer to accept £1775 to end this debacle now or if he refuses I am about to proceed through to consumer arbitration service,

 

To be honest I was ready to just proceed with the arbitration, however my dad pointed out this could well not be decided until after Christmas and in all honesty I just want it to end now, 

 

I notified him I need a response today and that as well as a civil element there is also a criminal element to this case and if it goes to ADR he is likely to have to fork out significantly more than the £1775. He has read the email however as yet has not responded, so if he does not respond by 3.30pm today I will start proceeding through  ADR.

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ADR is not binding.and i doubt any charges can be added.??

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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who's it with?

 

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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there are 100's of them - what are their contact details please?

 

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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2 hours ago, dx100uk said:

there are 100's of them - what are their contact details please?

https://consumerarbitration.co.uk

 

 

He has finally accepted my  £1775 to collect the car next Sunday,  if for whatever reason he refuses to take it when he gets here (I doubt very much) but on the unlikely chance he does it will proceed through the above company. 

 

Will keep updated 

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https://consumerarbitration.co.uk/complaints-we-can-deal-with/

 

Complaints we CANNOT deal with

  • Financial institutions (i.e. Banks)
  • Vehicle sales and servicing
  • Utility providers (water, gas, electricity)
  • Phone service providers
  • Solicitors
  • Other professional providers

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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Not much left once you discard the above....:becky:

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

 

If you want advice on your thread please PM me a link to your thread

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If you're happy with the £1775 as the price to accept to draw a line under this, then you should view it as a result.

 

Make sure he coughs up, though!  And well done for persevering this far.

 

(And I know you explained from the outset why it was cheaper to get a car from B'ham than it was from Scotland's oil capital, but the point BankFodder made early on is one to note.  An awful lot of the used car complaints here and on other forums are simply made worse because the buyer buys a car virtually unseen from several 100 miles away, and when there are inevitable problems, they're stuffed.  Try and buy closer to home)

 

PS  Gotta ask!!!  Is it possible to see a photo of the blue "wrap" on the car?  I'd like to see how bad it is...

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I'm not overly happy but it means one area of stress from my life is over! I would have been putting a case to ADR had he not agreed to the £1775 on the principle of getting my full coats recovered. 

 

He has become particularly chatty now and is asking me to do this and that  eg write a receipt/take pictures of the car/asking if it starts and drives (I've never once driven it) , be available on the dates and times he is booking to come up, I explained I had a lot going on this coming week and can't do much about that and considering I have been seeking a refund since the 28th of August I offered the following weekend which would be better all round, he said he is coming on Sunday,  still not ideal but I could be around at some stage. 

 

I agree maybe buying closer to home is a better case, however many people do buy from down south up here, the car i drive now I bought in Peterborough,  I did pick it up after travelling down there because I didn't have so many commitments back then and it has been a great car, the problem is more to do with dodgy car dealers who lie inherently about a vehicle in the advert and don't provide you with the things they're supposed to. 

 

I would take a picture however the car is at my dad's and it's not visible in pictures just how bad it is, otherwise I wouldn't have bought it in the first place!

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