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bunkbed

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Everything posted by bunkbed

  1. bunkbed
    Hi The PPP was a single PPI payment they said I had to take at the start of the loan.
  2. bunkbed
    Good idea, it comes out at 10.05% which I'm going to round up to 10.1% as the lower rate was in place for 273 days and the higher rate for 4126 days! (I'm a kind person ) Can I put the house insurance on the same document? Thanks.
  3. bunkbed
    Here are the files I've created. I've done 2 are there are different interest rates. The 2nd one has the values for the PPI and others to calculate the interest but they're not being included in the total charges. Is this the correct way to handle the two different rates? The rate changed on 29/07/2007 Should I put the buildings insurance charges in as well? Thanks. FosCISheet v101 9.8% - No Buildings Ins.xls FosCISheet v101 10.3% - No Buildings Ins.xls
  4. bunkbed
    Yes, got a SAR/GDPR request back from my insurer at the time and it shows there was a policy in place on the date Blemain added their insurance, and had been in place for the previous 5 months (and the previous years). Ah well! This were charged at the start loan. I'm not sure which of the 4 spreadsheets from here I should use to deal with the interest part of it (not the 8% simple interest bit) Blemain were charging 9.8% and then 10.3% monthly on the total balance, am I allowed to claim this extra interest they have charged? I'm guessing they will have charged interest on these as well which spreadsheet should I use calculate? Can I then charge 8% simple interest on top of all this? Thanks.
  5. bunkbed
    Hi Got the SAR back. The only documents that refers to the insurance a - The account statement that lists all transactions for the whole loan b - A kind of account log (that lists everything associated with the account, i.e. letters, phone calls etc). In it there are 2 enties saying a letter "-- BUILDING INSURANCE LETTER 1 SENT" and "-- NO RESPSONE TO LETTER 1 - LETTER 2 SENT CHARGE £xxx I've received the SAR from Blemain. The insurance premium is referenced in 2 docouments 1 - A complete account statement (i.e. over the whole life of the loan). 2 - A kind of account log (list phone calls, letters, charges applied etc) On the 2nd document here there's 2 entries for a letter being sent for buildings insurance, which I never got. e.g. "-- BUILDINGS INSURANCE LETTER 1 SENT" There's then an entry saying "-- PLACED ON BLOCK POLICY ON xx/xx/xxxx for £xxx - PREMIUM = £xxx INC £xxx ADMIN" There's no document showing the insurance or which company it was taken out with. Then 1 year after I must have got a letter about the insurance as I sent them my own policy. They never asked for any insurance documents in the following years of the policy. ------ I've done through the documents and these are the charges/payments I'm not sure about Buildings Insurance Broker Fee Legal and Doc fees PPP Insurance (which was only valid for 3 years). Charges for letters Charges for phone calls Settlement Quote charge What's the next step forward? (they keep adding on interest charges) They also claim in the SAR response cover letter they only started to save outbound correspondece in 2011, so letters before this may have not been provided. How convinient
  6. bunkbed
    I'm pretty sure it didn't list it as a seperate item, from what I remember from the SAR I did, the charge was added in the first year of the loan Yes I did get the SAR, but can't find it now
  7. bunkbed
    Hi I'd come to the end of my loan period with Blemain and they reckon I still owe them over £7000!! I rang them and it seems the balance is made up of a charge (house insurance) that was added at the start of the loan and it's been accruing interest all these years. I can't remember agreeing to this and I've always had my own house insurance and wouldn't have taken out any through them as it would have probably been a silly price. All this happened last year and I've kind of buried my head in the sand, and I received a letter last week saying they are still adding charges on every month, and my wife is getting stressed that I'm not dealing with it. I previously did a SAR, but can't find the documents they sent.Can I do another SAR? I'm pretty sure the documents didn't include anything about house insurance being added, I presume they should be able to produce it? Thanks. BB I've been through other threads on here and it looks like I should to a SAR to Blemain/Together, is this the right thing to do?
  8. bunkbed
    Defence submitted via email, fingers crossed it goes through ok.
  9. bunkbed
    Brill thanks, will go with Defence Just want to check that I just put the defence on the form or do I need to put the POC as I'm referring to them?
  10. bunkbed
    I've realised I missed a line off Is this ok? Is this now ok?
  11. bunkbed
    Is this ok? I just send them the Defence bit?
  12. bunkbed
    Sorry, I'm a bit confused. Should I list each of there statements from the POC and counter them? Do you have an example defense? Thanks. I've been away and can't find my MCOL details, just rang them and they said I'd have to email my defense, just waiting for an email from them with the address to do it. Has anyone submitted a defense by email?
  13. bunkbed
    Hi, please can someone check this defense, just realised the deadline is today!! 1. The claim is for the sum of £4000 (rounded) in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number XXXXXXXXXXXXXXXX upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between MBNA and the claiment, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. 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. Paragraph 1 is denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 19 July 2016. On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request, this was posted on 19 July 2016, to date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default. Therefore with the courts permission the Claimant is put to strict proof to: (a)Show and disclose how the Defendant has entered into an agreement(s); and (b) Show and disclose how the Claimant has reached the amount(s) claimed for; © Show how the agreement(s) were breached/ terminated to allow the claimant relief. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. 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 crediticon Act 1974. 6. 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
  14. bunkbed
    The plot thickens!! I've received a letter back from Arrow. They're saying that they are still waiting for the CCA from my original request in April 2016 and that my account is still on hold, despite getting Drydens to issue proceedings against me! Are they being sneaky and hoping I won't submit a defence and the CCJ will be granted automatically? Just carry on with sorting your defence and following the court process regardless. Make reference to the CCA and CPR requests in your defence. Post your defence up here for Andyorch and Co to offer feedback - you've got a bit of time yet though.
  15. bunkbed
    Thanks.
  16. bunkbed
    Thanks. I've acknowleged the claim on MCOL and will send off the CCA and CPR 31:14 tomorrow. I've just checked Noddle and the account isn't on there, does that mean they defaulted me over 6 years ago?
  17. bunkbed
    Name of the Claimant? Arrow Global Guernsey Limited Date of issue – 14 July 2016 What is the claim for – the reason they have issued the claim? 1. The claim is for the sum of £4000 (rounded) in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number XXXXXXXXXXXXXXXX upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between MBNA and the claiment, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Contact Drydens Fairfax solicitors on 0113 XXX XXXX What is the value of the claim? £4000 (rounded) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Think it was in 2007 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't know Did you receive a Default Notice from the original creditor? Don't know Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know Why did you cease payments? Financial problems What was the date of your last payment? April 2014 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No ------------------------------- I've received a claim form from the Northampton centre for a MBNA credit card now owned by Arrow, solictor is Drydens I'm 99% sure I sent a CCA to Arrow and had a reply which I think said "We've been unable to obtain the document from the original creditor", I'll have to do through my stuff to find out. I'm guess I should send off a CPR 31:14 to Drydens asking for any documents they have? If my issue date is 14 July 2016, when do I need to submit my defense by? Many thanks.
  18. bunkbed
    Hi I'm wanting to get information from Blemain with regard to my loan. It's due to finish later this year and they claim the current balance is approx £4.5K which won't be cleared by the payments! I'm going to send a SAR but I'm not sure which template to use from the library. There's Full Subject Access Request or Debt or DCA Subject Access Request I was going to use the "Full" one, but then the "Debt" one looks better as it specifically mentions insurance and additional charges. Any help would be greatly appreciated. Thanks. BB
  19. bunkbed
    My wife was involved in an accident, which the other party insurers have admitted they were at fault. As a result of injuries she was unable to get to work and so the her company got rid of her. The job was a temp contract leading to an employed role and she was still in the contract bit of it. Her solicitors have said they can't claim for loss of earnings as she was a temp worker at the time and the company could have got rid of her with no notice. Is this how it works? By the same token if she was a permanent member of staff, could she only claim 1 months salary as that was her notice period?! Her "solicitors" are part of the same group as the insurance company and I get the feeling their not working in her best interests, just trying to keep the value of the claim down.
  20. bunkbed
    Hi My payment to Acenden/SPML hasn't gone out this month due to getting reduced pay as I was sick. Do you think they'll be open to spreading this missed payment out? Could this lead to them starting to accrue charges on the mortgage, thin end of the wedge etc? Thanks
  21. bunkbed
    Hi After submitting my defence I've had this letter back from Restons. On the 2nd page it mentions about them not receiving the CCA request, but I sent this direct to Cabot, should I have copied them in as well? Given the letter should I think about withdrawing my defence? Thanks. [ATTACH=CONFIG]60072[/ATTACH] [ATTACH=CONFIG]60073[/ATTACH]
  22. bunkbed
    Defence submitted, thanks for all your help.
  23. bunkbed
    Is this OK? POC ------ 1.The claimant claims payment of the overdue balances (set out below) which the Defendants(s) have failed to pay as required under contracts with the following particulars. acc no XXXXX and acc no XXXXX, between the Defendants and First Direct dated on or about Jul 2007 and Aug 2001 respectively. 2.The contracts were assigned to the claimant on Oct 2014 and Oct 2014 respectively. 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. Paragraph 1 is denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the xx/xx/xxxx .To date I have had no response. On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request, this was posted on xx/xx/xxxx, to date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default. Therefore with the courts permission the Claimant is put to strict proof to: (a)Show and disclose how the Defendant has entered into an agreement(s); and (b) Show and disclose how the Claimant has reached the amount(s) claimed for; © Show how the agreement(s) were breached/ terminated to allow the claimant relief. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. 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 crediticon Act 1974. 6. 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
  24. bunkbed
    Brill thanks. Do I need to list the exact POC at the top of my defence?
  25. bunkbed
    Hi dx Any joy with finding a joint defence?

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