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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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A win for me!!!!!


willowshimmer
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On the 13th May I rang the Financial Ombudsman to make a formal complaint about the charges applied to my Flexaccount from opening in June 2002. The FO then wrote to NW telling them they had 8 weeks to investigate.

 

My husbands claim for charges has gone to the courts and I was intrigued as to the difference in methods as the FO route has not cost a penny and I did not apply for my statements either (although I did have a record of the amount in total)

 

NW replied on 21st May saying they now had the complaint and they had till the 10th July to reply. At the same time, and on the advice of the FO, I sent a letter almost the same as the LBA but changing the deadline to 10th July.

Well guys today I recieved a letter from Claire Gillingwater who has offered me a full refund amounting to £1436.00 as full and final settlement on this account. They are NOT closing my account and it has taken is not even a month.

 

The only thing is obviously there isnt the 8% interest added but I have recieved ALL charges applied to my account.

If anyone wants the FO phone number its 0845 080 1800

:) a very happy Jane:)

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Hey Willow,

 

If that's the case then mine should be back soon as well, I rang the FSO a few days later than you Nationwide have until the 12th of July to reply.

 

I wasn't advised to sent a similar letter to the LBA though, just wondering if I should do that now and see what happens. Either way seemslike the FSO is a good route if you don't mind missing out on the 8%

 

The Squall

Vi Veri Veniversum Vivus Vici - By the power of truth I, while living, have conqured the universe.

 

Quis custodiet ipsos custodes? - Who Watches The Watchers?

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Oh and congratualtions as well!!! Always good to chalk up another win!

Vi Veri Veniversum Vivus Vici - By the power of truth I, while living, have conqured the universe.

 

Quis custodiet ipsos custodes? - Who Watches The Watchers?

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The FO advised I sent a letter to outline my complaint and so I took the decision to send something formal and to the point ...the LBA seemed the most appropriate.

As far as the 8% interest is concerned I feel it is a personal choice, of course it would have been nice to aquire itand you are entitled to it! but as I really did this route as a comparison to my husbands claim via court (he he I beat him!)

The Squall - heres hoping you get a nice letter from Claire Gillingwater too soon.

Jane

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I hope so too Willow, i'll just have to wait and see. I might send a quick letter to nationwide with a photocopy of the breakdown they sent me, just to be nice and give them a hand ;), it doesn't do any harm!

 

Squall

Vi Veri Veniversum Vivus Vici - By the power of truth I, while living, have conqured the universe.

 

Quis custodiet ipsos custodes? - Who Watches The Watchers?

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...As far as the 8% interest is concerned I feel it is a personal choice, of course it would have been nice to aquire itand you are entitled to it!
Firstly, CONGRATULATIONS!

Am really glad for U and that U're pleased with your Refund.

 

However...

 

There is an argument for Claiming not just the s69 8%p.a. Statutory Interest Rate (...which is calculated as Simple Interest btw!), but for the Daily Compounded Unauthorised O/D Contractual Interest Rate @ 24.9%AER.

 

It isn't for the disconcerting and can be difficult to get your head around for some.

To succeed, U have to be really confident in being able to express your argument convincingly.

 

The Banks Charge U by using this method and IMHO by NOT doing likewise to them, U are effectively short-changing yourself and still allowing them to profit from their wrong doings.

 

For some Claimants who have quite a lot of Charges from several years ago, by Claiming C.I., their Total amount to be Claimed can often be 3 or 4 times the amount of the actual Charges!!!

 

#19 of the following Thread will give U the basic rationale...

http://www.consumeractiongroup.co.uk/forum/general/54212-do-i-have-accept.html

 

Below are just some of the many Threads that Claimants have also found useful...

http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html

 

http://www.consumeractiongroup.co.uk/forum/general/7252-new-way-looking-interest.html

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/26172-mindzai-lucid-lloyds-tsb.html

 

 

It may be useful for U, to feed your personal data into the very user-friendly spreadsheet (...v1.9 courtesy of Mindzai) which can be downloaded via a link in the following Thread...

http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html

The spreadsheet will allow U to easily make a direct comparison between the TWO types of Interest that can be Claimed.

 

Perhaps U could post all THREE Totals, so that other Claimants can see the differences in returns that could be achieved, for the different levels of researching time and effort that a Claimant would have to put into their Claim???

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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