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    • Could I please have some help putting a defence together, I have tweaked the defence which DX kindly helped me with from my other ongoing case, here is what I have so far   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. 1. 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. 2. Paragraph 1 is noted. I have had in the past a contractual relationship with Barclays Bank. 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.   3. Paragraph 2 is denied. 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.   4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank. 5. On receipt of this claim on the 25/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant is yet to respond to this request. PRA Group (UK) LTD is yet to respond in relation to the CPR 31.14 request. To date, 20/09/2021, no documentation has been received. The claimant remains in default of my section 78 request. 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.
    • The SARs letters will be as follows (via emails)   to DCB Legal:  (a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017. (b) I have sent your client a SAR (c) also confirm your correct 'address for service' if you've moved and the PPC has two addresses. (not relevant as they are writing to our current address)   to UK Parking Control Ltd: - ALL photos taken - all letters/emails sent and received, including any appeal correspondence earlier - all data held, all evidence they will rely on, and a full copy of the PCN, NTK - and a list of all PCNs outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs, not several separate claims.   Are these OK, do I need to add anything?  Do I need to say that nobody remembers this?   Thank you
    • Managing directors at business advisory firm Quantuma have been appointed administrators of Derby County amid the ongoing financial problems at the football clubView the full article
    • Hi there. There has been a rash of recent adverts on social media about car finance miss-selling, overcharging of interest and secret commission. Admittedly, these all point towards no win no fee sharks, who would do anything to make a fast buck. However, I wonder if there is any mileage in pursuing something like this. Both my with and I have had varying PCP agreements over the past few years, namely Ford Credit, Black Horse, Oodle Finance, Moneybarn, and First Response Finance. With Black Horse, I recently submitted a VT on my vehicle, was told it would be £1800 settlement as I had paid less than half the PCP agreement. However, upon inspection (and coupled with a recent increase in use car values), the final settlement was less than £400. I couldn't afford to pay all this in one go, but they happily set up a payment plan for me over six months. They also happily placed a default on my account - after telling me on the phone - but without sending me the required default notice.   Any advice on how to claim for miss-selling on any PCP agreement would be really helpful, and especially help with Black Horse. I have looked around the site, but couldn't find anything - could well have looked in the wrong place.   Many thanks.
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Br4ndy vs CapOne - MCOL Stage ***WON***


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Hi all... this is my first CC claim... but sure wont be the last!

 

Story so far... Recieved my SAR with full statements/printouts, etc

Sent Prelim claiming 900 pound charges, plus 641.02 pound interest at contractual interest rate of 25.44%. (i averaged all the different rates they charged my over the years) (16th March)

Recieved an offer (same letter everyone seems to get) of 218.87.

Sent offer refusal along with LBA (25th March)

Received nothing

As i didnt have enough money to pay fo filing claim at court, i sent a stalling letter, giving them a further 7 dyas to re-consider!

Recieved a letter saying their offer still stands, but refuse to pay what i want...

Completing the MCOL stage now....

 

I have ben reading through the posts and am a little stuck on how to word my POC... does anyone have a template i could browse?

Can't wait to get something from these!

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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i dont need to add the 8% if claiming contractual do i?

this is what i got so far, please tell me if i am way off the mark...

 

Account Number -xxxxxxxxxxxx

Account opened - Dec 2002

Charges from 12th Dec '02 to 16th Feb '07

Schedule of these charges have been supplied 3 times, I will be supplying a further copy.

The defendant has levied charges and interest, and the contractual term which allows charges is unfair and contrary to common law.

I am claiming £900 in charges, and £671.13 contactual interest at a rate of 25.44%. This rate is derived from an average interest rate charged to me over the past 5 yeas.

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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This is the one i used, without the daily rate as it won't fit if your using MCOL. Use the N1 if you need a longer version:

 

Claimant has a Credit Card account xxxxxxxxxxxxx with the Defendant opened over 6 years ago,conducted on their standard terms and conditions.Claimant is claiming the return of £xxx taken by Defendant in the form of overlimit and late payment charges. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.Defendant has declined justification of charges despite repeated requests.The claimant claims interest from (day month year) to day(month year) of £xxx.xx at the Contractual Compounded rate of 23.8%.Total of £xxx.xx.

This i used with MCOL a while ago. You don't claim 8% if your claiming Contarctual interest, it's one or the other.

 

Hope this helps

 

Uk

WARNING TO ALL

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great, thanks...

umm, does my claim have any issues with Human Rights Act 1998

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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No. . .

WARNING TO ALL

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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Thanks ukaviator... all done now... can't wait for a result!

Now onto BLACK HORSE!

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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  • 2 weeks later...

just logged in to mcol.... aknowledged today 8/5/07.

 

Now i guess i just sit back and wait

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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Share on other sites

Yes. . they may file a defence first. . check your account everyday online. You are so close. .

WARNING TO ALL

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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where would it say if a defence is filed?

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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On the online section under Capital One it says Acknowledged and the date. This will change to Defence entered.

WARNING TO ALL

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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  • 3 weeks later...

just got home from a weeks work and got a letter from Capital One!!!

 

I write in connection to the above court claim.... blah blah blah....

Whilst we do not accept liability for ypour claim, i have in an effort to resolve this matter without the need for a court hearing, today refunded 1472.26 to your accouynt. Together with the refund of 218.87 that was added to your account on 22 march, we have paid your full claimed amount of 1691.13.

blah blah blah, purely a gesture of good will... blah blah blah

 

SO I WIN!!!!

 

900 charges + 691.13 contractual interest (25.44%) + 100 court fee!!!

 

Just went on the mcol site to tell them its settled... and they entered a defence 6 days AFTER they sent this letter!!!

What do i do to cancel it!?

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

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Well done ...congratulations.

 

You need to write to the court and let them know Capital One have settled. Great news..

 

Uk

WARNING TO ALL

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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well, yea its great news.... but i havenyt actually got the money yet... so will wait till then before i celebrate!

 

do i continue as i am untill i get the cheque? or write to the court?

Br4ndy VS HSBC

11th Dec - Prelim sent for 2907.42

29th Dec - LBA sent

12th Jan - Offer Recieved 2,500

15th Jan - Offer accepted :D

 

MyWife vs HSBC

5th Jan - Prelim sent for 1653.23

20th Jan - LBA Sent

7th Feb - Offer Recieved 1,350

8th Feb - Offer accepted :D

Link to post
Share on other sites

Just wait until you have your cheque before you send the court a letter. At the moment everything is still ongoing until you receive it.

 

Uk

WARNING TO ALL

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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