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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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Sally V's GE Capital Woodchester


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With a renewed fire in my belly following my sucess against Lloyds bank I have decided to pick a fight with GE Capital Woodchester on behalf of my husband for excessive charges in 2002/2003.

 

I can't quite believe that they can justify a 'service charge' of up to £67 per late payment- furthermore the charges seem to vary between £26, £41, £52 and £67 for no apparent reason- proving to me that once again these financial intitutions take what ever the hell they please from their paying customers.

 

It is my belief, (as my husband was earning a reasonable salary at the time and was just terrible at saving money) that GE Capital acted in bad faith, because as soon as I began helping my husband (then boyfriend!) with his finances and simply moved his standing order to the 1st of the month, he never missed a payment again.

 

Why could GE Capital not have done this I ask!?!- because it would have lost them revenue....

 

Anyway, rant over- S.A.R - (Subject Access Request) going out in the post today by recorded delivery.

The story so far...

28-2-07 Copy statements requested

10-3-07 (Partial) Copy statements arrived

13-3-07 Prelim request for refund posted (recorded delivery)

19-3-07 Royal mail finally get round to deliving Prelim letter :mad::???:

01-05-07 First 'sod off' letter received from Lloyds

4-05-07 LBA sent out

Nasty Lloyds couldn't bother to respond so....

25-5-07 MCOL submitted

30-5-07 Claim issued

27-6-07 Defence filed

09-07-07 Lloyds Solicitors offer to settle (albeit with incorrect interest figure)

16-7-07 Letter to Lloyds sols refusing incorrect figure but agreeing to settle with correct figure

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Good luck with your fight against this lot.

 

Keep your eye on what they have said / done to me. I'll bet you get exactly the same letters and waffle from them.

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The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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