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    • 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, 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 £80 and that is just by paying the bare minimum.    What would you advise ?  
    • please stop using reported posts now.   only post here in this thread in a new msg box.   i think you will find it matters little what evidence you have , you have too sadly wait a week or 2 for them to release the account.   i see you have read numerous like  threads by other people, so you should know this by now.  
    • Hey! I think I just got some good news. So letters were sent out yesterday morning special delivery to both home address and office. It must have arrived today. He phoned me up and wants to make a payment. Apologized that it has taken this long and it wasn't resolved sooner.  I am sure he would have paid, but as I understand their accounts team is horrible. Well, the letter of action definitely has moved this forward fast enough!   I will keep you updated once I receive the payment!   Thank you all ever so much once again! 
    • hi, I have a similar issue to others, managed to get so far but now could do with a little help please.   Old Student loan first one from 1995 - 4 in total, sold to Erudio, dont think I deferred with Erudio at all CCJ issued last year to old address.   Requested DSAR to SLC, Erudio and successfully stopped warrant of control and hold on account. awaiting correct dates and information.   Sent request to set aside and they responded saying not 6 years, default from Erudio starts clock and under 6 years.   Have CCJ Judgement from court but not claim form yet.   thanks    
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Nervous me vs Halifax - But want my money back!!


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Hi all, new to this site but i think its brill, read loads of success stories that have spurred me on to go ahead! Requested my last 6 years statements from Halifax by phone on 08457 203040, they charged me £5 which was taken from my account the following day. Calculated my charges to £1462.00 and requested interest at 8% of £350.28 (well why not, they have ripped me off), sent letter on 21/3/07, received a standard letter saying they have 28 days to investigate my complaint, but as per this site am sticking to the 14 day deadline, so sent my LBA today 7/4/07 (allowed a few days for them receiving letter and weekends).

 

Well fingers crossed they will contact me with and settle in full, but if not will be filing court action against Halifax, (that's the scary bit....taking a major bank to court) but after the excellent advice on here hoping all will be well. Will keep you posted!

 

New to CAB :confused:

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The bank's timetable is designed to delay and intimidate you.

You are right to stick rigidly to your own timetable. After all, it's you that's in the driving seat.

 

Regards, Rooster.

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Sounds like your doing well. Just keep reading around the forum and you will have no probs.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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