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    • name of claimant is not overdales - a solicitor representing a client cannot be the claimant.   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site Go to HMRC's login page. Click the GREEN sign in button. Click “Create sign in details” Enter your email address where asked. You will now be emailed a confirmation code. ... You will now be issued with a User ID for your government gateway account.  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant ...YOU MUST SEND A CCA REQUEST FOR EACH DEBT IN THEIR POC https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • Which Court have you received the claim from Northampton N1   Name of the Claimant ? Overdales   Date of issue –  31/12/2021   Date to submit defence  - 2nd February    Particulars of Claim   1. claim comprises of the following agreements the defendant entered into: a) shop direct financial services current balance £937 B) shop direct financial services current balance £3742   2. The agreements were terminated as payments were not maintained and subsequently assigned to the claimant A) total sums = £4679 B) interest pursuant of s69 £374 c) costs   What is the total value of the claim? £4680 = with court costs and interest = £5609   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CATALOGUE   When did you enter into the original agreement before or after April 2007 ? AFTER 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? ONLINE   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER (LOWELLS HAVE THE DEBT AND OVERDALES ARE ACTING ON THEIR BEHALF)   Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Did you receive a Default Notice from the original creditor? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? WAS WITH A DEBT CHARITY (STEPCHANGE) MAKING PAYMENTS TO A NUMBER OF DEBTERS WIFE LOST 2ND JOB AND COULD NO LONGER AFFORD PAYMENTS (STEP CHANGE SUGGESTED I GO BANKRUPT I DIDN'T WANT TO DO THAT) CAME TO CAG FOR ADVICE IT WAS SUGGESTED I DROPPED THE CHARITY AND WENT ON MY OWN. FOUND IT EASIER SOME DEBTS ARE BEING PAID SOME CAN'T GET CCA INFO SO NOT HEARD FROM THEM FOR AGES OVERDALES HAVE BEEN THE ONLY PERSISTANT ONES FOR THIS DEBT.   What was the date of your last payment? CAN'T REALLY REMEMBER BUT PERHAPS 2017 OFF THE TOP OF ME HEAD   Was there a dispute with the original creditor that remains unresolved? AT THE TIME WHEN WIFE LOST HER JOB THEY WOULDN'T REDUCE PAYMENTS INSTEAD PILED ON INTEREST AND FINES. ENDED UP NOT RESPONDING TO THEM ANYMORE AND BEEN IN DEBT SINCE TO DCA'S   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES I DID AND THEY WEREN'T INTERESTED
    • So many memories of listening to his tracks when I was younger, also making me feel rather old as well
    • whoever said send an sar to the fleecers or their dogs, waste of time, thats what CCA/CPR does.   you should NEVER EVER be sending ANY covering letter to anyone that tips them off how you might later defend a claim you've been here far to long to now be making such schoolboy mistakes ALWAYS check with us before you do anything!.   can you get that link done please?   WHEN you have done that we will advise your next steps.   your defence will be our generic one slightly adapted which is in just about every 'CAT claimform' thread here.   use our enhanced google search box.   you dont file anything with a defence disclosure come at the witness statement stage IF IF IF it ever gets that far.   i strongly suggest you go read a few 10's of cat claimform threads here so you know what is to come, how to react, and the various stages of the court claim. please other than filing out our link, dont ever do anything more without checking here FIRST but DO NOT ever miss your defence filing date which we dont even know yet!!          
    • @dx100uk   I have filled everything  I can online against the claim apart from my defence yet. I still have a few weeks for this. I am defending the whole claim.   I filled out another CCA form and a CPR 31.14 to Overdales and sent this recorded last week with a covering letter. I also did a SAR to Lowells which haven't even signed for the letter looking at the RM tracker.   Overdales wrote to me today sending me copies of the same S78 as shown in #6 post above. (if you wouldn't mind taking another look and seeing if they have sent enough or is something missing?)   In the covering letter I told them that the only information they have supplied is copies of a digitally signed agreement with Very and a copy of the T&C relating to that. I am missing things like notice of assignment, default notice and any copies of statements relating to the account. I also mentioned that they claim over £3000 on a littlewoods account and haven't supplied any information relating to this account at all.   So they ignored all that and just sent me the same files as last time and have told me they won't discuss the account anymore only to arrange payment or take it to court.   So it looks like the court route.   I can defend the claim online upto 1000 words can you submit documentation to the court as evidence e.g attachments or would this be done in person on the day or write to them with the documentation?
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I have sent off data protection act 1998 suject access request to Halifax asking them for my complete banking history, using the template found on this website and enclosed a cheque for £10.

 

A letter and the cheque was returned asking us to provide some information.

 

But it states on the bottom of the letter:

 

"If your query relates to solely to bank account charges, please note that HBOS has decided not to charge a fee for requests of this type."

 

Is this just a get our clause for them, as in if we dont provide the statutory maximum fee that they do not have to comply with the act and provide us with the details in 40 days. Thus taking as long as they want.

 

What would you do? Send the cheque or do it the free way?

 

Thanks in advance.

 

Ash

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Hiya Ash,

 

If they dont take the £10 fee, then they will just send you a sheet of charges.

No statements.

You could resend the cheque stating tou want the full information.

But still class the 40 days from when you sent the original SAR.

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That is not really what I am asking, I have a few Halifax accounts to chase and I do not want to send money to them for the bank charge statments ifI dont have to. But if I do not send the money does that mean they do not have to comply with the act of sending the information out within 40 days?

 

Its just about getting it as quickly and cheaply as possible.

 

Thanks for your help.

 

Ash

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Would say so then, but I thought you claim your £10 back with the bank charges anyway?

 

My letter from HBOS says:

 

"IF your query realates solely to bank account charges, please note that HBOS has decided to not charge a fee for requests of this type. If copy statements are required for both transactions and charges then a fee of £5 applies, for all other requests the standard £10 will apply."

 

Hope this helps.

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That is not really what I am asking, I have a few Halifax accounts to chase and I do not want to send money to them for the bank charge statments ifI dont have to. But if I do not send the money does that mean they do not have to comply with the act of sending the information out within 40 days?

 

Its just about getting it as quickly and cheaply as possible.

 

Thanks for your help.

 

Ash

 

This is not a get rich quick thing, if you are not prepared to do things propperly as suggested by Seaside Lady, then how can you expect to get your money?!

 

Just my 2 cents worth.

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Not a case of that, its a case off if I lose I am losing extra money.

 

So as I said the cheapest I can do things the better. And the quicker its sorted before one goes to high court the better.

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Basically if you dont pay for your SAR then they dont have to supply you with your details.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Seaside Lady is right Evo. I've also had the offer to waive the £10 fee from the Halifax, but I insisted I pay them. It seems like a nice offer at first glance - but you should know by now there are no free lunches from Howard & chums.

 

You may save shelling out a tenner in the short run - but you then put matters in their hands instead of dealing on your own terms.

Also, correct me if I'm wrong someone, but isn't it possible that the S.A.R - (Subject Access Request) fee can be claimed as part of costs anyway?

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That is not really what I am asking, I have a few Halifax accounts to chase and I do not want to send money to them for the bank charge statments ifI dont have to. But if I do not send the money does that mean they do not have to comply with the act of sending the information out within 40 days?

 

Its just about getting it as quickly and cheaply as possible.

 

Thanks for your help.

 

Ash

 

Yes you do claim it back. Plus as Evo is claiming on a 'few accounts' you only have to pay the one S.A.R - (Subject Access Request) charge per bank.

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Hi Evo - If you word your SAR in such a way, the £10 fee will cover YOU as a Data Subject and NOT each of your accounts.

 

What I'm saying is, using this in your letter;

 

"I request all data held by [insert Big Nasty Bank Name Here] about me, as a Data Subject under the Data Protection Act"

 

You can give some account numbers and sort codes/roll numbers to help them identify you. But - if you do it this way - one fee of £10 SHOULD cover every account you have with them.

 

Avoid their £5 fee for two reasons, therefore;

- This isn't the "statutory fee" required under the DPA, so they 40 day period will never start until you've paid it. Even if they don't cash your cheque, which is what happened to me, the 40 days start from the day they receive it.

- They will probably want £5 per account anyway. If, as suggested here, you have another account anyway, send the £10 DPA fee as another other accounts with the Bank will be included.

 

Just my opinion, but I have 4 accounts (don't ask!) with Halifax and one payment of £10 got me ALL the details I needed.

 

I agree with moneyhelp too, there will be some expenditure from your side - stationary, postage and, more importantly, time understanding the legal issues at hand and preparing for Court. For some people, this is a killer, but I'm so fired up about this that I'm willing to do what it takes to enforce my LEGAL rights against these oppressive organisations that believe THEY make and enforce the LAW in this Country.

 

Power to the people!

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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