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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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Have statements, but no notes (yet)


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Paid my branch a visit on Friday, and presented a SAR in person. A junior manager kept me waiting for some 20 minutes before I was referred to someone more senior. She advised me that for credit card details and notes on both accounts she would have to refer this onward, but she was able to give me a complete set of statements for the current account at no charge on the spot (this was entirely civil, and she was very co-operative - OTOH, my experience with LTSB was different, with the manager instantly taking a contemptful attitude, referring to my request as a "complaint" before I had framed it as such).

 

Is it safe to start evaluating the charges on the current account based on these statements alone while I wait for the notes and the credit card info?

 

In addition, when working out interest charges on charges (with the handy BAG spreadsheet), since my overdraft is interest-free up to the agreed limit, should I add the agreed limit to the balance (e.g. for a balance of -£1000 on a £1500 agreed limit, stating £500), or should I consider the balance to be zero if it is between zero and the limit, as no credit interest would be paid?

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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I would certainly start adding up the charges you are requesting be refunded. HSBC, whilst cutting it tight, managed to get all my statements to me. However, they did not supply any notes at all (and I am sure there must have been some) and I shall be writing to the IC to make a complaint on this issue.

 

My guess is that you won't receive any notes either, so I would suggest you proceed with your timetable.

 

Good luck, and keep us posted.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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