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    • The Defendant contends that the particulars of claim vague and are 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. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (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;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   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.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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Guest Wild Billy

Office Of Fair Trading Test Case

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Hi Mistermind,

 

Yep, done all that. And told the court the same thign, but no one is budging - it's absoutely disgusting!!

 

 

Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

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Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

 

No, Ive not seen it. I'll have a look and now send another letter to the bank.


Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

 

I'd be interested in reading that but can't find the artical on their site.

 

Was it definately today?

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Youe very welcome:D


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I have had my stay lifted to be heard in February 2008. I wonder what this implies as to the OFT test case.

 

Also whilst I'm here, you may have seen the thread Xmas meet in London 24th November but if not, please check out and see if you can make it.

 

D

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Youe very welcome:D

 

Thanks Midge, I could not find it online - How did you find it!!

DSxx

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Guest littlesally
Did you read the Daily Mail today (MONEY MAIL) the did a piece on Hardship cases and said that the banks are in breach of the waiver and that anyone concerned should complain to the FOS. Not sure exactly what they will do but it is worth a try!

DS

 

I am in the process of helping a street homeless man, who gets £50 weekly benefits, get a £38 charge back. The social were a day late paying in his benefits, which meant the money was not there for a standing order.

The bank said he needs to claim the money from the social as it is their fault.

He wrote a letter quoting the law re: benefits and charges they said they won't even consider the claim until after the OFT case!

 

Sally x

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I am in the process of helping a street homeless man, who gets £50 weekly benefits, get a £38 charge back. The social were a day late paying in his benefits, which meant the money was not there for a standing order.

The bank said he needs to claim the money from the social as it is their fault.

He wrote a letter quoting the law re: benefits and charges they said they won't even consider the claim until after the OFT case!

 

Sally x

 

Sally,

 

Have you seen this thread?

 

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html#post289030

 

Tide

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Guest littlesally

I hadn't seen that thread, but that was the next tactic we were going to try - play for sympathy. This is his first ever charge!

He did try phoning, going in etc before writing to them.

 

Thanks for that link,

Sally x

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hi

please could you tell me whether anyone is still putting claims through. i have won a number over the past year, but have started 7 more and have received letters from them staying on hold until this test case completed. when will we know? should i still do ahead and try and claim?


HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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Guest littlesally

Claims are still being paid out

http://www.consumeractiongroup.co.uk/forum/natwest-successes/114142-itsmee-natwest.html

That thread should give you some hope. Itsmee persevered inspite of being told to wait and no way would thet pay out, but they did!

I don't think it's the norm but there are still payouts happening.

Have a look at the **WON** threads for others.

Sally x

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If your claim is stayed but the bank still try to recover any debt which includes penalty charges then you can apply to have the stay lifted & your case will proceed.

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I am not sure,that if they try to recover the debt,the stay will be lifted !!!!

 

The Leeds Mercantile Court Judgement of the 29 Aug, stated that any attempt by the Banks to 'enforce' the debt,then the stay would be lifted.However the question is..in legal terms what is 'enforcement of a debt'??

and it would seem the answer is (however I would be delighted if I'm wrong)that 'enforcement' means they cannot go through the Courts to recover...however they may still try other methods,irrespective of rights or wrongs,and that,as far as i understand,would not be enough to lift the stay.

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If your claim is stayed but the bank still try to recover any debt which includes penalty charges then you can apply to have the stay lifted & your case will proceed.

 

What if the bank sells the account to a DCA while putting your claim on hold re test case, but you haven't started court proceedings? They say it is legal to sell it as the account is not in dispute because the charges have not yet been proven unlawful.

 

Can you issue a court claim and if a stay is granted, state that the bank has already taken enforcement action by selling the debt while putting your own complaint on hold and that the amount sold included penalty charges therefore the stay should be lifted?

 

Re your statement, why will the claim proceed. Is this common law or does the court state this as part of the stay?

 

Just asking to get things clear.

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I put in the letters to the bank to claim back charges, got the statements, sent back the "you owe me....." letter. The reply i received basically said that the bank, (LTSB), will not investigate, or act upon my request until completion of the test case.

 

Am i dead in the water? or can i proceed with the claim?

 

Ta

 

Sharkey

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No. Proceed as normal. Your claim will most likely get stayed pending the outcome of the test case, but it will be accepted & it will continue to gather interest until the test case is over or a deal is done between the OFT & The banks.

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when is the test case going to end? any ideas


HALIFAX: PRE 6 year claim 1991-2006 WON 21/3/07 £2616

CAPITAL 1 - WON 19/3/07 £800.22

CAPITAL 1 - WON 19/3/07 £325.75

AQUA - MCOL 2/3/07 £172.79

ABBEY - MCOL 2/3/07 £261.37

HALIFAX VISA - WON default removal 19/3/07

PARAGON - LBA 11/3/07

CABOT -SAR 26/2/07

ROCKWELL -OFFER 20/2/07

GMAC -MCOL 7/2/07 £189.85

WESTCOT - SAR 25/2/07

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when is the test case going to end? any ideas

 

The 34th of Julember most probably.. I can see this going on and on and on.. just like a duracell battery bunny.. only not as friendly!..


27th April - Requested Statements

13th May - Received Statements:D

15th May - Preliminary request for £4780 sent.:D

16th May - Royal Mail confirm Letter received.:D

23rd May - Received Letter considering claim. :grin:

30th May - Letter Before Action sent. :D

10th July - Times Up!! FOS claim going in.

16th July - Measly 30% of claim offered as goodwill

17th July - Rejected offer letter sent

25th July - Acknowledgement of Reject Letter received

26th July - Screwed over by the OFT,Banks, FSA & FOS all in one go.:evil:

Never even felt it happen.

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when is the test case going to end? any ideas

 

Depends what you believe.......

 

Q. What is the test case about and when will it happen?

A: The case is expected to start on the 14 Jan 08, subject to confirmation from the High Court, and will last eight to ten days. It’s important to understand this first stage will determine if the ‘Unfair Terms in Consumer Contract Regulations’ (UTCCRs) can apply to bank charges.

 

Bank Charges Reclaiming: How the OFT test case impacts you...

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The 34th of Julember most probably.. I can see this going on and on and on.. just like a duracell battery bunny.. only not as friendly!..

 

:lol: :lol: :lol: :lol: :lol:


[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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