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    • You need to add in about being deferred every year to xx date, when you got no reply and that you have never earned above the threshold etc.    Should be in most erudio claimform threads here    Sorry I'm out till very late tonight herding sheep and can't search    Dx
    • Maybe the end of paragraph 1 doesn't apply to me as they have fulfilled my CPR request?
    • Thanks DX!     I have put together what I think is the standard defence in this situation, I hope its correct.   They haven't complied with my CCA request, Do I need to add something in my defence regarding this?       1.The Claimant claims £5999.52 for monies due from the Defendant   2. This debt was pursuant to a regulated agreement(s) between the Defendant and The Student Loans Company. Each agreement had an individual account number as follows:   3. The defendant failed to make payments as per the terms resulting in the agreement(s) being terminated. Notice of such is served by a Default or Termination Notice subject to the terms of the agreement(s).   4.The debt was assigned to the Claimant on 22/11/2013 with a notice provided to the Defendant. A new master reference number ***************** was also applied upon assignment.   The Claimant has complied with the Pre Action Protocol for Debt Claims   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. Paragraph 1 & 2 are noted the Defendant has in the past had financial dealings with the original creditor - The Student Loans Company. I am unable to recall the precise details of the alleged agreement or debt nor do I recognise the agreement numbers the claimant refers to .The Defendant has sought verification from the Claimant by way of a section 77 request which as to this date has failed to comply and remains in default.   2. Paragraph 3 & 4 are denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974 by the claimant nor the original creditor, nor of any legal assignment pursuant to the Law and Property Act 1925 section 136 (1).   3. It is 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’s alleged debt has reached the amount claimed for; and   c) show the nature of breach and service of a Default Notice and subsequent Notice of Sums in Arrears in accordance with the Consumer Credit Act 1974; and   d) show how the Claimant has the legal right, either under statute or equity to issue a claim.     4. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant proves the allegation that the money is owed.     5. On the alternative, as the Claimant claims to be 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.     6. 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
    • Starmer seems to have forgotten that far more Labour voters voted remain than voted leave perhaps he thinks they have nowhere else to go?   Perhaps they will literally go nowhere and stay at home Perhaps they will go to the libs. Seems more likely now than before as traditional allegiances have been widely broken in all areas.   Are the libs going to be kingmakers again?
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On looking through an old statement recieved from welcome finance regarding some old agreements, i have noticed that they issued me with new loans when they cancelled the interest on the old agreements, as i hadnt asked for these new loans and therefore there will be no signed CCA for these agreements, is it worth sending them a cca request, or are these new agreements a continuation of the old loans?

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Hi Chris

 

I think you need to give us more information. Why or under what circumstances did they cancell the interest on the old agreements? What information is there that there are new loans?

 

Steven

 

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Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

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sorry, defaulted on previous loans, agreed reduced payments, but the new payments appear to be on a new agreement number

 

But you didn't sign a new agreement I take it? I think they woud argue this is the same agreement and I think it has to be as a new one can only be made if both parties agree. I don't think merely changing the number makes it a new agreement.

 

I donn't know if anyone else has a view?

 

Steven

 

If this post is helpful, please click the scales

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Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Could be a new agreement.......on the other hand it might not be. I would send them a CCA request anyway (they may not have a copy of any agreement and even if they do it might not be enforceable).

 

As I assume you have defaults on your credit record I would advise reading this Remove Default Notices on a Credit File - We show you how

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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