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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         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 noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (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;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Eddie -v- First Direct


Eddie
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Hi Eddy,

 

I too bank with first firect and when asked by e,mail, they sent me 6 years worth of bank statements FOC. They came after about 8 days! I am busy calculating my charges and nearly ready to send a first letter in.

Good luck

Danny

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Can i call someone to check i am filling out the moneyclaim online form correctly please? - (Sorry bit of a perfectionist)

Data Protection Act letter sent 30/05/06

Statements rec'd - 07/06/06

Preliminary approach letter sent - 09/06/06

Reply rec'd - 15/06/06

LBA sent 26/06/06

Reply rec'd 30/06/06

Moneyclaimonline submitted 10/07/06

Claim issued 11/07/06

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Does anyone know which option i need to be clicking on - i'm thinking its the first one but i'm not too sure..Hope you can help me...

 

spacer.gif

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

spacer.gif The defendant has not filed an admission or defence to my claim

(Judgment by Default)

spacer.gif

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

spacer.gif The defendant admits that all the money is owed

(Judgment by Admission)

spacer.gif

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

spacer.gif

Data Protection Act letter sent 30/05/06

Statements rec'd - 07/06/06

Preliminary approach letter sent - 09/06/06

Reply rec'd - 15/06/06

LBA sent 26/06/06

Reply rec'd 30/06/06

Moneyclaimonline submitted 10/07/06

Claim issued 11/07/06

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Ignore that last message - I have figured it out now

Data Protection Act letter sent 30/05/06

Statements rec'd - 07/06/06

Preliminary approach letter sent - 09/06/06

Reply rec'd - 15/06/06

LBA sent 26/06/06

Reply rec'd 30/06/06

Moneyclaimonline submitted 10/07/06

Claim issued 11/07/06

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damn and blast they acknowledged the claim as of todays date...

If your claim has been acknowledged - what did they do next?

Data Protection Act letter sent 30/05/06

Statements rec'd - 07/06/06

Preliminary approach letter sent - 09/06/06

Reply rec'd - 15/06/06

LBA sent 26/06/06

Reply rec'd 30/06/06

Moneyclaimonline submitted 10/07/06

Claim issued 11/07/06

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You'll almost certainly get a letter from DG Solicitors in tomorrow's post offering settlement in full on the proviso of confidentiality.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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I received a letter today offering half.

To decline there offer can I call them or do I have to do it in writing.

 

If i have to do it in writing - any suggestions on what i should say?

 

thank you kind people

Data Protection Act letter sent 30/05/06

Statements rec'd - 07/06/06

Preliminary approach letter sent - 09/06/06

Reply rec'd - 15/06/06

LBA sent 26/06/06

Reply rec'd 30/06/06

Moneyclaimonline submitted 10/07/06

Claim issued 11/07/06

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How about:

Dear Mr Banker

 

Thank you for your offer of £xxx.xx as part settlement of my claim.

 

Your offer is not satisfactory, although I am prepared to accept this sum, unconditionally, in part-settlement of my FULL claim of £yyy.yy.

 

I shall continue to proceed with my action to recover the remainder of my claim.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Or Eddie, why not just not reply, thus passing the ball back into their court...?

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hiya

am a bit confused

spacer.gif

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

spacer.gif The defendant has not filed an admission or defence to my claim

(Judgment by Default)

spacer.gif

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

spacer.gif The defendant admits that all the money is owed

(Judgment by Admission)

spacer.gif

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

 

Did you actually tick one of these - i though they had to be left unless they did not respond - am very confused now help!!

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Hi Hannah

 

No you don't tick any of those boxes - i believe they are if your claim hasn't been acknowledged after 14 days then you would tick the 2nd box.

Data Protection Act letter sent 30/05/06

Statements rec'd - 07/06/06

Preliminary approach letter sent - 09/06/06

Reply rec'd - 15/06/06

LBA sent 26/06/06

Reply rec'd 30/06/06

Moneyclaimonline submitted 10/07/06

Claim issued 11/07/06

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Any news Eddie?

 

 

Hannah, what Eddie said!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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No Monkey,

 

Sent a letter Thursday saying no thanks - would like the full amount owed or something similar anyhow. So just waiting to hear now... fingers crossed..

Data Protection Act letter sent 30/05/06

Statements rec'd - 07/06/06

Preliminary approach letter sent - 09/06/06

Reply rec'd - 15/06/06

LBA sent 26/06/06

Reply rec'd 30/06/06

Moneyclaimonline submitted 10/07/06

Claim issued 11/07/06

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Should get an offer of full settlement in the next couple of days then...

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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hiya

 

just wondering if you heard back yet - i got offered half and sent them a letter sat saying i would have this as partial and pursue them for the rest. i havent had anything although it was only yeaterday they would have rec'd this.

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yes had letter back offering the full amount in a few days

Data Protection Act letter sent 30/05/06

Statements rec'd - 07/06/06

Preliminary approach letter sent - 09/06/06

Reply rec'd - 15/06/06

LBA sent 26/06/06

Reply rec'd 30/06/06

Moneyclaimonline submitted 10/07/06

Claim issued 11/07/06

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have they actually paid out yet....they offered me the whole amount yesterday and i sent the form back yesterday and also faxed it (so they defo get it )

 

just wondering if will take another week or so for the money

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Thanks

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