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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         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 noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   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;   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 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  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.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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AA van loan charges for late repayments


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Hi there i took out a van loan with the AA 2 years ago when I went self employed. For the last year or so my monhtly payments have been late, hence they slap me with late payment charges of around £25 a time. Sometimes for every week i am late. I sometimes struggle to balance my books with builders and customers sitting on invoices (maybe I should charge them ;) ha ha). Hence I have to prioritise who I pay.

 

My monthly repayment is £121.36 and some months they have put on 2 - 3 late payment charges for this meaning they want between £150 and £185 because of this. In Dec I was 10 days late and they wanted £156.77 + a £10 administration charge added to my account.

 

When I contacted them about this they withdrew one of the charges. I then requested a breakdown of my charges to be sent to me, and told them about their charges not being a true reflection of their actual costs.My question is does this apply to loan accounts as well I suspect it does as an unfair charge is an unfair charge after all. Has anyone else had a similar experience I think the AA is backed by some bank somewhere.

 

Any thoughts or help is most welcome.

 

Thanks, Gordy.

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Yes same thing applies.

Whoever took the charges need sending a S.A.R - (Subject Access Request).

follow the procedures as set out,of course making adjustments to letters etc.

Your thread needs to be in the consumer section unless of course the finance for the van was provided by one of those listed in our other institutions section.

 

Looking at their website they deal with all the majors so you need to determine which one.

However your statements should give a hint of this.It may be that you will have to SAR AA Finance themselves.

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Gordy.

 

As you so rightly put it, a penalty charge is a penalty charge, regardless of who or what the company is.

And the good news is that you can claim them back.

Have you had the details of all the transactions on your account back to the beginning?, If not then send a Data Protection Act S.A.R.s letter and enclose the £10 fee. They have 40 days to comply.

Once you have all your charges , then enter them on to a speadsheet (spreadsheet templates in library section. Then send the preliminary letter along with a copy of your spreadsheet (schedule of charges).

 

Spend a few days reading the FAQs and the step by step guide in the library section. That will answer most of your initial questions.

 

Good luck with your claim.

Regards, Rooster.

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Thanks MARTIN3030 didnt know how to get in the right section for my thread, still trying to find my way around. The AA only send me a statement yearly. Lots of letters about late payments though.

 

Thanks Rooster-UK I have not yet sent off for the charges yet. Will pursue them tomorrow to find out firstly who they deal with as regards to my loan.

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No worries Gord.Once you find out we can move your posts into a designated thread there.;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Gordy,

I bought a motorhome with finance from Blackhorse. Last few months we were late paying and they sent out various letters adding a £135 'activity charge' every month. I rang them and said that this charge was unlawful. The woman who I spoke to said the legal department had looked into this and it wasn't. I said 'tell them to look a little harder, I will ring back later'. When I rang back they asked if I would like the charges to be added on to the final payment. I said NO, I don't want to pay them at all. They said 'it is negotiable as to how much you pay'. OK I said, I will not pay any of this charge'. And guess what they said? OK just make your usual monthly payment.

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Hi Gordy,

I bought a motorhome with finance from Blackhorse. Last few months we were late paying and they sent out various letters adding a £135 'activity charge' every month. I rang them and said that this charge was unlawful. The woman who I spoke to said the legal department had looked into this and it wasn't. I said 'tell them to look a little harder, I will ring back later'. When I rang back they asked if I would like the charges to be added on to the final payment. I said NO, I don't want to pay them at all. They said 'it is negotiable as to how much you pay'. OK I said, I will not pay any of this charge'. And guess what they said? OK just make your usual monthly payment.

 

Ha-Ha-Ha. Brilliant :D

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