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    • Actually, no, or at least not with RBS. I changed to a different provider in 2009.
    • He is also trading under James Marshal cars on eBay - same details.
    • Hi all,   Lowell sols have responded to my cpr with exactly the same documentation as Lowells sent through. So still no valid agreement!   Defence due Friday by 4pm.   I have updated my defence below based on your points Dx. Many thanks.   Would you and Andy mind having a scan over before i send off on Friday please?   Cheers in advance as always     Particulars of Claim    1.The defendant entered in to a consumer credit act 1974 regulated agreement with Vanquis under account reference xxxxxxxx ('the agreement')   2.The defendant failed to maintain the required payments and arrears began to accrue   3.The agreement was later assigned to the claimant on 27/09/19 and notice given to the defendant   4. Despite repeated requests for payment the sum of xxx remains due and outstanding.   And the claimant claims a. The said sum of xxxx b. Interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.610 but limited to one year being £222.65 c. Costs   Defence:   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 allegation to which a specific response has not been made.   1. Paragraph 1 is noted. I have in the past had financial dealings with Vanquis. I do not recall the precise details of the agreement and have sought to seek clarity from the claimant.   2. Paragraph 3 is noted. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   3. On receipt of a notice of acting letter sent from Lowell Solicitors, the Defendant sent for on the 12/11/2020 via royal mail a section 78 request to Lowell Portfolio Ltd pursuant to the Consumer Credit Act 1974. This for a copy of the agreement. The claimant has partially complied and disclosed various documents however they were unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.   5. The claimant disclosed various screenshots taken from  the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application.The screenshots  are devoid of any tick box or any authenticity of IP address conformation check.Therefore the claimant remains in default of my section 78 request and pursuant to section 78  6 a of the CCA1974  the claimant is not entitled, while the default continues, to enforce the agreement.   6. On receipt of this claim form I sent a CPR 31.14 request on the 11/2/21 via royal mail to Lowell Solicitors and again the claimant only disclosed exactly the same documentation. The claimant therefore after a second attempt by the defendant remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 or evidence service of a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   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.
    • This Digital Edge programme is an online employability and pre-apprenticeship support programme. We aren’t going to teach you about basic […] View the full article
    • the mortgage it protects is still active is it not?  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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OK - so I have done a load of searching etc and personal costs to pursue small claims do not appear to be recoverable shame.

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

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My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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There are ways around it.

 

You dont file under personal costs !!

 

;)

  • Confused 1

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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  • 1 month later...

I last communicated my LBA on 21/8/06. I wanted to commence my claim due to Halifax negative response. However I ran out of money. I am ready to claim N1 completed detailing contractual interest etc, and I will at last have the money on Friday.

 

Should I just commence my claim, or should I communicate with Halfiax again prior to beginning my claim ??

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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You have given them more than enough time to respond and pay you back in full... They haven't, so i should just go ahead and commence your claim :O)

06/09/06 - Halifax "prelim letter sent" claiming for £1346.00 :o How much have they nicked??!!

26/09/06 - LBA Letter Sent.

29/09/06 - Full & Final Offer of £390 recieved as 'Gesture of good will' LMFAO - Cheeky Blighters!!

10/10/06 - I wrote to them advising that I would accept £390 only as part payment, and would be proceeding with Moneyclaim straight away as they have had more than enough time to pay me my monies back!!

15/10/06 - Filed MoneyClaim Online

21/10/06 - Moneyclaim Issued to Halifax by the court ;) Now the anxious waiting begins... It'll be okay (won't it??!!)

26/10/06 - SUCCESS!!! All my charges + Interest appeared in my account today :O) Thank You Consumer Action Group

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Slight misuderstanding (my fault) when I say "negative response" I mean that they replied stating that they would not repay anything .............

 

Does that change things or should I just carry on and commence the claim ??

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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Guest bluecloud

Have the Halifax fulfilled your requests i.e. paid up?

 

If not, then file the claim at court. If you followed the template letter then their time is up and you said you wouldn't communicate again, just "sue their bottoms*".

 

 

*Martin Lewis, on Radio 2, 06/10/06

 

 

.

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Thanks Bluecloud and Craigtaylor1,

 

No the Halifax have not paid up, the last response, put simply, was "you ain't gettin nothing" .............

 

I thought I should just carry on, despite the delay in my having the available cash!! But had a slight nervous wobble, don't want them getting off the hook :-)

 

Claim is therefore going in this Friday ............. :-)

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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  • 3 weeks later...

Our claim has been served on Halifax - N1 Particulars of Claim

 

 

>>>>>>>>>>>>>>>

 

1.The Claimant has an account XXXX, Roll Number XXXX with the Defendant which was opened on or around 20th June 2001.

 

2. During the period in which the Accounts have been operating the Defendant debited numerous charges to the Accounts in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Accounts, as outlined in the attached schedule, are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £201.00 and interest charged thereon in the sum of £0.02;

 

b) Court costs;

 

c) the additional costs incurred by the Claimant in the writing and sending of letters to the Defendant pursuant to this claim, and the statutory access request in the sum of £12.52, as set out in the attached list of costs.

 

d) the Claimant claims contractual interest compounded daily at an annual rate of 29.8% per annum, from the date of each transaction to 20th October 2006, which is £130.76, as set out in the attached list of charges. The Claimant further claims interest, on the resulting total of £331.78, at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.36 per day.

 

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. The Claimant holds that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

 

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims contractual interest compounded daily at an annual rate of 18.9% per annum, from the date of each transaction to 15th October 2006, which is £82.62, as set out in the attached list of charges. The Claimant further claims interest, on the resulting total of £283.64, at the same rate up to the date of judgement or earlier payment, at a daily rate of £0.22 per day.

 

The account’s Terms and Conditions specify the interest payable on authorised drawings from the account. The Claimant holds that this applies to authorised drawings by the Defendant as well as to authorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s authorised overdraft interest rate that would be applied under the terms of the above mentioned account.

 

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from the date of each transaction to 15th October 2006, which is £35.10 and continuing until payment or the date of judgement at a daily rate of £0.10.

 

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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I have received an offer from Halifax, £298.95.

 

My claim is for £394.30 with contractual interest.

 

Loads of rubbish in the letter re: terms I agreed to etc..

 

The bit they are relying upon is "The Halifax does not consider that you are entitled to the further £95.35 that you are claiming. Unless you can provideevidence of this further loss the Halifax will file a defence in respect of this part of your claim"

 

Are they just trying it on, to get me to settle? My initial thought is "happy to accept the interim payment, see you in court for the rest"

 

Any other views would be helpful .............

 

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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  • 2 weeks later...

The Haliprat have made a partial settlement. :)

 

They paid £298 into the account. They are disputing the remaining £100.

 

I think they expected us to accept this and cancel the court claim. Below is my letter to the court, copied to Haliprat :p

 

>>>>>

I wish to inform you that I have received a partial payment from Halifax plc in respect of the above claim.

 

They have paid into my account payments of £97.95 and £201.00. Total £298.95.

 

I have accepted this as an interim payment, informing Halifax plc that I expect full settlement. This was communicated to them by letter on 6th November 2006.

 

As of the date of this letter my claim stands at £403.30, inclusive of daily interest of £0.36p per day until judgement.

 

The remaining payment expected to settle this claim today is £104.35.

 

I intend to pursue this remaining amount. I wish you to note that my claim is not settled.

 

 

 

Lets see if they want their day in court or not ?:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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  • 2 weeks later...

I felt sorry for the Halicrap so we sent them a letter and a couple of faxes confirming that we accepted the partial settlement, however we expected the remaining £104 of interest to be paid otherwise its off to court.

 

Received a letter today, stating that they have giving a goodwill payment and will not repay all of the charges (They have already done this??). However if we were unhappy with the resolution of the complaint then we could go to the FSO.

 

All very strange, as the claim is served and on 1st December its "judgement" day.:razz:

 

It looks like the right hand has completely lost its left !!!!!!!!!!!!! :cool:

 

I almost felt like writing to them again and letting them know that they dont seem to have understood what is happening .............. :D:D:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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Dear all,

 

We won, only a small victory but we won.

 

We had accepted an interim payment, they were holding out on the contractual interest. May have been a slight mistake in accepting the pertial payment.

 

However, another letter pointing out the closing court date illicited full and final settlement ............:D

 

Thanks for all the assitance ........ Now its on to the next one ..........:D:D

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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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

There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.

Read through the

FAQ Section.... Use these links :grin:

 

Like what I say show - add to my reputation (click the scales!)

My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.

Halicrap - Full settlement 12/06 £408.34

Crapitol 1 - Settled in Full 27/04/07 £15808-)

All & Pester - Claim served £5695 4/09, Stayed

Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09

Lloybles - No CCA, CPR disclosure notices served.

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Please note that this topic has not had any new posts for the last 5204 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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