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    • your other expenses are the priority ones that must be paid 1st   are all these still with/paying the original creditors?
    • looks good to me   not due till / by 4pm monday
    • you need the particulars of claim ring northants bulk and ask them to send it by email pdf or get them to read it out ...RECORD YOUR CALL>   the sb date does not run from defaulted date.   there are numerous threads here on these backdoor erudio CCJ's when the loans had never eben deferred with erudio so must be sb'd.        
    • Hello Everyone   I would like some advice of when I should submit my defence to the court. The Claim form I received was dated 23/09/2021, however it didn't actually arrive with me until the 27/09/2021. I haven't received any response from LC Asset as of yet to my CCA Request and only what I would call stalling letter from Kearns as mentioned above on the 07/10/2021 to the CPR31:14 request.   I have also listed below a 1st draft of my defence and would appreciate any help and advice or suggested inclusions or amendments.   1.The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened xx/11/95. The agreement is regulated by the Consumer Credit Act 1974 (CCA) was signed by the Defendant (D) and from which credit was extended to D.   2.D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16.   3.By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   And C claims - 1, £3751.16, 2, Interest pursuant to section 69 County Court Act 1984 at a rate of 8% per Annum from 15/12/2020 to 23/09/2021 of £206.18 And thereafter at a daily rate 0.79 to date of judgement or sooner payment. Date 23/09/2021     1, Paragraph 1 is noted. I have had in the past a contractual relationship with Barclaycard. The Defendant does not recognise the reference number provided by the claimant within its particulars therefore I am unable to admit or deny the alleged debt claimed. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.   2. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant.   3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank. 4. On the 05/10/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns as yet to respond in relation to the CPR 31.14 request. To date, 21/10/2021, no documentation has been received. The claimant remains in default of my section 78 request. 5,It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (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;   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as 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 credit Act 1974.   8. 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.   Thank you in advance of any help offered    
    • Hello  Like most on here have got myself into a pickle and having been giving different advice by stepchange and payplan on which route to take am coming here for advice.   I work from home (Job is secure for now but with covid / brexit it could change in a years time), have around £14k of debt and bank with natwest (I have just opened a very basic account with another bank so I can get my wages paid into it).   Debts: Natwest Loan  / £3,407,03 left to pay / Currently paying £197pm (Have just missed 1 payment and now using breathing space for 30 days) Argos store card / £2,018.67 left to pay / Currently paying £86pm Capital One card 1 / £508 left to pay / Currently paying £50pm Capital One card 2 / £2,950 left to pay / Currently paying £212pm Aqua card / £3,600 left to pay / Currently paying £212pm Studio24 / £152 left to pay / Currently paying £40pm Very / £1,315 left to pay / Currently paying £100   Then I have other expenses (Rent 575, council tax £175, Utilities £175  etc) am just left with nothing and that is just by paying the bare minimum.    What would you advise ? my credit file is trashed now as have been gone over my balance on the credit cards and paying back the minimum to clear them.    
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halifax credit card


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Hi

Can anyone help me please? I have had a letter from the halifax bank and credit card re my claims and the bank one says that they will respond fully in 4 weeks and the card one says NO and that they are unable to refund the charges as they were applied to my account as per my original agreement.

If this is right then how come others seem to have got payments? And should I wait the 4 weeks for the bank to come up with the goods?

Please advise me.

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  • 1 month later...

Hi

Not sure if this will post in the right place if not I apologise. But have just printed off your N1 form for reference and there are 2 points I don't understand.

A) the bit under value that says interest under county court etc? What does that mean?

B)And it says attach schedule of charges? Huh!!?

 

I know that I am being thick but I claimed my charges based on an estimate and therefore don't have any schedule etc.!! Is it necessary? What do I do if I only have Guesstimates? And therefore only have totals?

thanks

chris

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Guest louis wu

On you rprevious thread

 

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/78236-halifax-credit-card.html

 

you asked for help, and Michael Browne gave you the links to the FAQ's and step by step instructions

 

If you had read these you would have seen point 1 as

 

Anyway, to the point; A step-by-step indication of how to reclaim punitive charges from your bank:

 

 

(1)

 

If you do not know the amount the bank has taken from you, then send the Data Protection Act request letter in the library Data Protection Act REQUEST (The bank can charge a maximum £10 fee for this by law - send it to stop any delaying tactics from the banks - if they don't use it then great - if they do, then fair enough - at least you'll be getting the rest of your money back).

 

so, why didn't you do this.

 

I don't know what to advise, other than to start again and do it properly.

 

Sorry mate

 

louis

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Hi

I have actually got to the bit where the bank have sent a letter in the first instance saying NO then I sent them a LBA and got a letter saying that they will offer me half of the amount so clearly it has got to the point of going down the court road. However the bank account they have said no so again I have to go down the court route! How could I go back and say well send me a breakdown of what you have charged me?

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Guest louis wu

If you haven't issues the court papers then you are not commited.

 

How do you know you are not selling yourself short on your claim. On the other hand, hoew do you know your not over estimating, and leaving yourself open to all kinds of problems.

 

Its only my opinion, but I would just start again. Send the SAR's request, calculate your charges, put it on a spreadsheet and claim the correct amount, plus 8% statutry interest.

 

I would also read the FAQ's (sorry to go on about them, but you have no idea how important it is to know what your doing).

 

Louis

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