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    • Particulars of Claim (for Reference - not to be submitted with defence)   What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx   2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD) Written notice of the assignment has been given. The Claimant claims 1.The sum of £2792 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. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.   4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.   5.Paragraph 3  is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .   6. It is denied that any amounts are due under any agreement.   7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .   8.Therefore with the court’s permission the Claimant is put to strict proof to   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   10. On the alternative, if 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 82A of the consumer crediticon Act 1974.6.   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. (Defence mainly taken straight from Micky the Hippo's similar defence)
    • On the MCOL site. I hadn't submitted the defence, but it was mostly filled in. I just left it on. I'll submit it by 15:00 today unless I hear otherwise. 
    • The letter from Drydens is asking me to respond to their letter:   "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."   Obviously I don't want to ignore it. 
    • 2. within 28 days from the date of service of this order, the claimant is to file and serve a copy of the agreement and guarantee referred to in the particulars of claim and reply to the defences field   The claimant has been ordered to send you a copy.
    • From your upload page 6......points 6 and 9  and 10.
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skbuncks

Sorting it out....my credit file

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Hi All

 

I have a long way to go but am starting on the road to sorting out my credit file. I hope to have a 'good' credit rating by the end of the year

 

Things to remove include:

2 default markers (vodafone and HFC bank, both old accounts no longer active)

Late payment history (Orange - 2 accounts no longer active)

CCJ (student loan only one year left but gunna have a pop at geting it removed anyway)

Several Credit Cards - adverse payment history.

 

For the defaults I shall be sending off Surly bonds letters re DPA. Am also going to use them to remove adverse payment history from Orange, and, once i've paid them off, all my credit cards.

 

skb


Victory over Lloyds £890

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Victory over Vodafone: default removal

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Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Update: After a lazy couple of weeks have sent statutory notice and covering letter to vodafone on 5th April, I eagerly await their response

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Lets hope you get some results. Have had one default removed from cap one, now just one to go with Next Directory.

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Lets hope you get some results. Have had one default removed from cap one, now just one to go with Next Directory.

 

Congratulations. I have my fingers crossed but am under no illusions that this is gunna be easy

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Update: After a lazy couple of weeks have sent statutory notice and covering letter to vodafone on 5th April, I eagerly await their response

 

skb

 

I am still eagerly awaiting. They are a bit late methinks. The time has been well spent reading Dayglos account of Vodafone and getting somewhat concerned. Whole thing is very annoying as was only a couple of months late with a final settlement bill of £16, which was in dispute for half of that time.

After a week of gorgeous weather, I in all my infinite wisdom have booked next week off work to sit in the rain and collect together all my VF correspondance and have a good long read of the Data Protection Act

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Well Vodafones eagerly awaited response has arrived. The gist of it is as follows:

 

As you will be aware, section 10 of the DPA only requires data controllers to comply with requests to cease processing personal data where the data subject can prove that:

 

1) The processing is causing or likely to cause substantial damage or distress to the data subject AND

2) That the damage or distress would be unwarranted.

 

Vodafone does not intend to comply with your notice to cease all processing. You have provided no evidence of having suffered substantial damage or distress AND that the damage or distress is unwarranted.

 

They have also kindly enclosed the ICO's missive from Nov 2006 on credit agreements and data processing.

 

 

The crunch of the matter appears to be demonstrating that the processing is unwarranted which is what I intend to do (amongst other things). More details to follow

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Time line:

 

30th June 2006 – Obtained a PAC number in order to transfer my phone number over to T-Mobile (they were offering a much better deal with the phone I wanted – Flex 35 with a Sony Ericsson W810i and a free PSP).

11th July – Cancelled contract as moved to T-Mobile.

Bill date – 12th July. For Calls upto 30th June and line rental from 1st July to 31st July. Total amount £44.10. I didn’t pay this as it would result in Voda owing me money for the period 12th July to 31st July

Bill date – 11th August. Final Bill. Usage upto 12th July £0.00. Line rental refund 12th July to 31st July £27.26. Total now outstanding £16.84. The important point here is that I NEVER received this bill. Payment to be received by 25th August

24th August – Letter from Vodafone asking for payment of final balance of £16.84. It was at this point that I rang Voda asking them to send me out a copy of the bill as I had not received one (didn’t show up until end of sept).

26th ish August – Called Voda requesting the final statement and told them I wouldn’t pay until I had received them and could check the amount owed.

7th September – Notice of default.

Further to previous correspondence your account has been cancelled and the above balance remains unpaid. Unless we receive payment within the next 7 days we may:

Register your account as a bad debt with a CRA. This will be a matter of public record and a point of reference for future companies providing credit and may therefore affect your ability to obtain credit in future

Refer your account to a collection agency who may take legal proceedings to recover the outstanding debt including interest and legal costs.

We would like to avoid such action and would encourage you to contact us immediately on xxxx to discuss the payment options available to you.

20th September – Notice of debt collection from Wescot Credit Services.

30th September – FINALLY receive copies of my statements. Letter dated 26th Sept which is AFTER they transferred the debt to DCA.

6th October – Final notice from DCA prior to court action. I then paid up.

 

My next step is to submit a SAR and make sure all my facts are correct and also obtain any other info they might have i.e. transcripts of phone conversations etc.

 

My main argument is going to be that the amount owed was in dispute as such I would pay until this had been verified by my examination of the final bill. I then paid up within 2 weeks of obtaining this final bill. It follows that any default is therefore unwarranted as they defaulted BEFORE I had received the bill.

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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:oVICTORY IS MINE.............kind of:o

 

Finally being skint all the time has had its payback. Had delayed sending off my SAR until pay day (friday) when today I received a letter from Vodafone saying they have removed the default but left late payment marker of 3 indicating final payment 3 months late.

 

Received this letter through the post from them today:

 

Complaint about default.

I write further to my letter of 3rm May 2007. You will recall that in that letter I advised that Vodafone Ltd would not cease processing information about your account and passing that information to the CRA’s. I would advise that on that date, I asked our Quality Assurance Team, who look after our relationship with the CRA’s, to review your account. They have now advised as follows:

This customer requested to port his mobile number on 29th June 2006 and the account was cancelled and the number ported out on the 11th July 2006. His July 7th invoice was for £44.10 billing for line rental from 1st July to 31st July and call charges for June, due for payment by DD on 26th July. The bank informed us on 26th July that the customer had cancelled the DD. Customer was then sent his final invoice dated 9th August crediting him for overcharging line rental from 11th July to 31st July, leaving a remaining balance of £16.84 and the invoice also reminded him that he had not paid the July bill.

We sent a Default notice to the account address on 7th Sept advising that if no contact or payment made within 7 days this account would be transferred to a DCA for non-payment and the customers credit file would be affected. No response received from customer so the account was transferred to the DCA on 17th Sept.

Customer then called in on 20th Sept asking for a copy invoice and said would pay by card as soon as the invoice had been received. The payment for the outstanding balance of £16.84 was then received on 31st October through Wescot DCA. I have removed the default recorded on this customers credit file as a gesture of goodwill and replaced it with late payment status code 3 to show that the July bill was paid 3 months late. Customers credit report was updated to show as settled with a zero balance outstanding. There is therefore no default recorded, but the late payments recorded are valid and will remain.

I hope that you will agree that this is an accurate reflection of your payment history on this account with us, but if you have further data protection queries please do not hesitate to contact me again.

 

 

skb


Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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