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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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katsbubb v Abbey WON well sort of


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Help please, Abbey paid in full plus charges plus interest the week before my hearing date. I still had to atend my hearing date as I hadn't received my cheque. The judge had gone home when I got to court as he said he didn't need to see me as abbey had wrote and said they would pay. Anyway to cut a long story short I received the cheque in my old complany name which has ceased trading. Abbey closed my business account due to being overdrawn (the full o/d amount was charges). I asked for the cheque to be in my name, the company was ltd but I was the sole director and a one man band. The cheque came in the company name which is useless as I can't cash it. Abbey will not change this as they say the debt was due to my company and not to me even though it was only me and refuse to change the cheque. I have even gone to high street cheque cashing places who won't touch it. My personal bank who I have been with for 18year won't cash it even though I have correspondance ect with my name and home address on it. The cheque if for just over £2500 and after all the pain of the last few months I really don't know what to do. Could someone please help??????

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What name was the claim in? was it the company name or your name t/a a limited company?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi , it was in the company name but I was the only signotory on the account and the only shareholder. All correspondance was addressed to me with the company name underneath and sent to my home address. I asked for the cheque to be made payable to me but they just refused. Have I lost the money?

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Hi again, to be honest, I havnt a clue, I can see Abbey saying that they can only address the cheque to the claimant i.e. the limited company but I have asked GaryH to take a look when he gets back from work, sorry i cant be of more help

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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The only way forward i can see is to contact the FOS, as it is clear abbey will not budge, with the hope they can force abbey to amend the cheque as you can prove the business is no longer operating, therefore it no longer has a bank account, hope you get it sorted

:madgrin:

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Hi thanks, I still have a reserve account in the company name which I can pay the cheque into but when I rang abbey and asked how I withdraw money from it they said you can't unless you transfer it to your current account of which of course i can't. I feel well and truely shafted and need the money to pay off business debts. Any advise appreciated and thants for the responses.

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Hi thanks, I still have a reserve account in the company name which I can pay the cheque into but when I rang abbey and asked how I withdraw money from it they said you can't unless you transfer it to your current account of which of course i can't. I feel well and truely shafted and need the money to pay off business debts. Any advise appreciated and thants for the responses.

 

erm, right let me get this right, you do still have an account in the company name?

 

Surely you can do money transfers from it to another account, or ask for a cheque to be written (Bankers draft cheque).

 

Once you have funds in an account, the primary signitory may make withdrawls/transfers. If you are unable to do this, then i suggest that you trawl through your terms and conditions of the account. It seems pointless to have an account that only allows you to transfer money into a "specific account" and that you are unable to change the particular "specific account".

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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