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    • Hi Dave2019   That response to your councillor is short and direct so lets see how your councillor will act with Platform.   I think you have noticed that Platform are not telling the correct facts to news article/MP/Councillor which is absolutely typical of these Housing Association to always give there version of events to make them look as if they have done everything by the book to make them look good we haven't done anything wrong.   This is when you challenge them as you have done and throw there own Customer Community Engagement Strategy in there face and you keep doing this with what I have pointed out in post#67 (as a reference).   The more you do this the more Platform are not going to like it as it impacts their own Customer Care Policy, Complaints Policy and that specific Customer Engagement Strategy as these look more like just a paper exercise to make them look good but putting them into practice they are not just failing but are in fact Breaching those Policies.            
    • Ok! I think it's about there, I've added those final points. Thanks again for looking this over!   Px CLAIMANT
 ERUDIO STUDENT LOANS LIMITED – AND – DEFENDANT XXXX WITNESS STATEMENT OF XXXX I, xxxx of xxxx, being the Defendant in this case will state as follows;   1. The Witness – xxxx states in point 3 that:   “It is noted that the Defendant does not dispute entering into a credit agreement with the Claimant.”   This in not true. I have never entered nor admitted to entering into an agreement with the claimant.   2. The default notice mentioned in point 6 was issued on 26/04/2017 and served 4 years, 3 months and 27 days after the last written acknowledgment of the debt on 30/12/2012 by myself. Thus, the cause of action delayed by 4 years 3 months and 27 days and the Limitations period prolonged to 10 years, 11 months, 16 days. This, in effect, allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.   3. In point 5 xxxx states I was issued with A Notice of Assignment on 22/11/2013. In point 6 he states that a Default Notice was sent to me on 04/03/2014. In point 7 he states I was sent a Termination Notice on 26/04/2017. In point 8 the legal proceedings and transference to Drydens solicitors took place without my knowledge.   I received none of these notices or assignment. It has now come to light that they were all sent to an address I had not resided at since 2001. The Student Loan Company was aware of my current address at the time that the alleged documents were sent.   I have always kept the Student Loan Company informed of my current address.   4. In point 18 the Claimant claims the Termination Notice issued on the 26/04/2017 was the cause of action, this is patently untrue - the termination notice does not determine the Statute of Limitations date.   Pursuing a debt after a 6 years is clear breach of OFT guidelines and CPUT.   5. Addressing points 21,22 and 23 - the claimant contends its unfair to allow a set aside 16 months after a default judgement, yet failed to issue a default notice within the 6 year limitation period therefore breaching the rules of the Consumer Credit Act 1974 section 87/88.   6. I the defendant, contend that the Claimant's claim so issued is a claim in contract and
is STATUTE BARRED pursuant to the provisions of section 5 of the Limitation Act 1980. 
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.   7. The Claimant's claim to be entitled to payment of £2489.03 or any other sum, or relief of any kind is denied. 
   8. The defendant’s costs in dealing with the claimants default judgement and their set aside application to be paid by the claimant within 28 days.   (a separate costs sheet is attached).   Statement of Truth   I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: xxxx Dated: 17/05/2022   Costs Sheet Cost of N244 application form: £255.00      
    • Hi   I hope you are keeping as well as came be expected during this. and even if you want to rant here about this If A2 are still ignoring your letters/emails then that the Housing Ombudsman is now looking into this matter and have requested your evidence so far of their failure in Customer Cara and more importantly their own Complaints Procedure by failure to acknowledge letters/emails.   As you have already spoke to the Ombudsman I would contact them again and just explain to date A2 are still completely ignoring you with your complaint and you take this as a Breach of their own Complaints Procedure.   You look after yourself and even if you just want to have a rant about this to get this out your system you know where we are.    
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Overdraft success?


freddy22
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Hi!

 

I posted on here a while ago about some problems I was having with my Nationwide overdraft, as despite having it included in a DMP, they were adding unreasonable charges each month (paying £9 per month, £45 per month charges/interest) and were not accepting the payment as being enough.

 

Well they sent me a letter today offering to clear my debt completely for a payment of a lump sum. Being a bit sceptical I called them anyway to see what the offer would be.

 

On an overdraft balance of £1,477.60 they have offered to clear the lot in full if I pay £700. I was thinking of claiming back bank charges from the last five years (including the latest months' ones) of around £350 so I actually think this is a good deal and want to do it to get at least one off the list!

 

I have requested it in writing and they have agreed to this (with no quibble) and I expect a letter from them tomorrow.

 

As it happens I received a bonus from work last month which means I can pay this so it seems to be a happy ending.....

 

My only concern is that it might cause my other creditors to demand more but given that this is the lowest balance of all my debts and it will also mean more for them each month (I'm not changing my DMP payment) I can't see how they can compare their debts to this one... I also spoke to the CCCS and they agreed with me on my thoughts and concerns.

 

What do you think?

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I agre with you.

 

there no harm in looking at it when the offer arrives through the post is there?

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Hi freddy22,

 

I don't profess to have any personal knowledge of how modern DMP's work (...Had a voluntary administration order a couple of decades ago though!), but I would have thought that ALL creditors would have initially been allocated a set % figure of your disposable income at the time of the setting up of your DMP and that they would have had to agree to this knowing about each other???

 

...This would have been irrelevent of what U actually owed each of them and that the DMP was scheduled to repay them all off on an equal basis over the period that the DMP was to run for???

 

...Am also surprised that Nationwide continue to add interest charges to a debt that would surely have had to have been frozen to have been included in a repayment schedule plan???

 

...Perhaps the debt owed to the Nationwide is viewed uneconomical to retrieve over the long term by them and that they are wanting to settle sooner at the expense of your other creditors???

 

...Would this not invalidate your current DMP and make your other creditors less willing to agree to their inclusion in any future one???

 

The Nationwide's offer to settle for a smaller than actually owed figure reminds me very much of DCA's offers of settlement on obscure and difficult to obtain repayment on accounts (...which incidently have frozen totals save for their normal collection costs!)

 

All of the above is only my own thoughts and shouldn't be taken as fact. I have only voiced my own honest opinion and asked stated questions that I would be asking myself if I was in the same circumstances.

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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