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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

davetherave87

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Everything posted by davetherave87

  1. davetherave87
    Cca request? As you can probably guess this process is not sitting well with me. i am struggling like crazy here as i dont know how to word it... All i know is the claimant lowel portfolio have not provided me with the default notice or credit agreement in the timescale relating to the cca request. I think i have two days left to file.
  2. davetherave87
    "Paragraph 1 is noted and accepted. I have, in the past, had dealings with Capital One, however I do not recall the exact details or agreement and sought verification from the claimant upon receipt of the claim. The claimant has failed to comply with my section 77 request." would that work?
  3. davetherave87
    Sorry, would you mind highlighting please?
  4. davetherave87
    Sorry DX I meant 11th July 2017 was the claim form issue date i worked out the final defence due date as either this friday 11th august or saturday 12th august.... my brain is fried!!! a very muddled defence based on the information i have would be as follows... ---------------------------------------------------------------------------------------------------------------------------------------------- Particulars of Claim for reference 1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Capital One(Credit Card) under account reference xxxxxxxxxx ("the agreement") 2)The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 25/09/2014 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £644 remains due and outstanding. And the Claimant claims a)The said sum of £644 b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.141, but limited to one year, being £51.56 c)Costs Defence 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. Paragraph 1 is noted and accepted. I have, in the past, entered into financial dealings with Capital One however I do not recall the exact details or agreement or alleged outstanding balance referred to and have therefore sought verification from the claimant by way of a CPR 31.14 and section 78 request. Paragraph 2 is denied as I am unaware of any default notice allegedly served to me. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2014 by either the claimant or the original creditor. It is therefore denied with regards to the Defendant owing any monies to the Claimant 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 nature of breach and service of a Default Notice; © 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 On receipt of this claim I requested by way of Royal Mail on 16/08/2017 a CPR 31.14 request from the Claimants’ solicitors and a section 78 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 78 request and their solicitors, Lowell Solicitors, have yet to fully comply with my CPR 31.14 request. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 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 82 A of the consumer credit Act 1974 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. ---------------------------------------------------------------------------------------------------------------------------------------------- any thoughts guys? there is a paragraph 4 on the particulars which i have currently left out and it says... "despite repeated requests for payment, the sum of 644 remains due and outstanding.... ideally i would like to put them to strict proof on how they came to the amount - is this usually something that is covered under the cpr or cca request during litigation? cheers
  5. davetherave87
    Hello once again guys - hope all are well - I am back very unexpectedly with another claim form just as I have come back from my family holiday. The joy... I have already been on the MCOL and aknowlege and defend in full... here are the details.. Name of the Claimant ? Lowell Portfolio I LTD Date of issue – 11th July 2017 Date to acknowledge - already done date to submit defence = Friday 12th? i think What is the claim for – the reason they have issued the claim? 1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Capital one(Credit Card) under account reference xxxxxxxxxx ("the agreement") 2)The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 25/09/2014 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £644 remains due and outstanding. And the Claimant claims a)The said sum of £644 b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.141, but limited to one year, being £51.56 c)Costs What is the value of the claim? [B]£696[/b] Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? after 2007 i think 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. The debt purchaser has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't recall receiving one. Did you receive a Default Notice from the original creditor? No not that i can recall, lowell solicitors have apprently requested that info along with the original agreement from cap 1 but yet to recieve anything. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Im not so sure a payment was ever made, i was struggling financially along with the other issues i have addressed already on previous posts. What was the date of your last payment? I honestly cant remember, possibly 2013 Was there a dispute with the original creditor that remains unresolved? Not that i am aware Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes as i was with Gregory pennington at one point - before i sacked them off in the hope i could sort it myself. :( ----------------------------------------------------- UPDATE -------------------------------------------------- So I sent a cpr request to lowell solicitors and cca to lowell portfolio i have only received two letters back from lowell solicitors claiming to include the notice of assignment... this consists of a letter origianlly coming from captial one advising me of the sale of my account, then a second letter from lowell themselves welcoming me.... No default notice - no agreement... I dont have a lot of time..... I have various templates etc but with regards to exact wordings... how can I approach it? Many thanks in advance!! Dave
  6. davetherave87
    Hello again everyone! Just an update really. MY defence was received on 14/09/2016 after checking MCOL. Then it has been pure silence until today. Envelope in the post from ARROW GLOBAL responding to my CCA request sent back in August. They have included... - Page 1 of 3 only of the agreement from back in Oct 2007. - A copy of the default notice that HFC served me dated 30th October 2009 - A list of transactions from IDEM dated 6th October 2016, rather than a formal regulatory statement. I have heard nothing from Restons regarding the court claim. Are Arrow still going to try and chase me, even more so now that they have produced the first page of an agreement? Any help, like always will be very much appreciated. Regards Dave
  7. davetherave87
    I will go ahead and submit my defence tonight - still no response from Arrow re CCA. Thank you for going over the defence DX
  8. davetherave87
    I am simply not doing anything further with rectums, I will continue to wait for arrow to respond to my cca request - I am pretty sure my last battle with restons ended up with a withheld document type defence... this could be similar. I am expecting arrow to comply, simply because they are the legal owners of this debt apparently. they do not feature on my credit file however. shall I start drafting up a defence just incase? Ill be the first to admit I am not totally savvy in this area, I only got through it last time because of the support from CAG members.... I will continue to read up on similar threads, but I guess each case is different in there own ways. I get the feeling - I'm going to struggle. Part of me really wants to approach Restons and re request the CPR.. . I have stil yet to hear back from Arrow re CCA - the final defence date is 11 days away, but as that is a Sunday, I would need to defend by Friday. What am I to do? Here is my proposed defence... Particulars of Claim (for reference only) 1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HFC Bank Limited date on or about Oct ** 2007 2.And assigned to the Claimant on Nov ** 2015" a/c no - 0000******** Date, Item (default balance) and the value. What is the value of the claim - £500.00 #####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 noted and accepted. I have had financial dealings with HFC in the past. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my request for further information. 3. Paragraph 2 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2015 by either the claimant or the original creditor. 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 credit agreement/assignment/balance/breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim 5. On receipt of this claim I requested by way of Royal Mail on 26/08/2016 a CPR 31.14 request from the Claimants’ solicitors and a section 77 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Restons, have refused my CPR 31.14 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 82 A 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.
  9. davetherave87
    Just had a response from Restons regarding the CPR request - they have come back with... 30/10/2016 "We have enclosed draft letter that purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure all documentation is signed, failing which we not acknowledge receipt nor provide any response." How shall I proceed, is this a delay tactic in hope I just stop chasing? I know I do not have to sign anything. They have been happy so far to assume they are dealing with me, only now that I am requesting documentation, they aren't quite sure its me requesting and wish for me to sign? Help me please , my defence submission deadline is approaching! Thanks in advance!
  10. davetherave87
    I literally just scrolled back through and noticed. Head is all over the place Cheers DX
  11. davetherave87
    Ok so I am sending a CPR request to Restons but sending a legally binding CCA request to Arrow Global.
  12. davetherave87
    Do I have to CCA Arrow separately or does that come under the CPR request through Restons? Cheers
  13. davetherave87
    The AOS has been confirmed with the tick in place - I will attempt to ring the courts tomorrow morning first thing in a bid to get this error amended. I can just picture it now, "so you want to contest our decision do you?" lol Will it affect my chances of winning this case do you reckon?
  14. davetherave87
    Ok, I will CPR rectums and CCA Arrow. One tiny hurdle I now need to step over, which could potentially end up royally screwing me up is somehow I have confirmed acknowledgment with the jurisdiction box ticked, unintentionally of course. One would assume I cant contact the courts in a bid to rectify this monumental error in the online process of acknowledging my claim? Have I completely done myself over by not double checking that tick box before I hit submit?
  15. davetherave87
    Hi DX, The POC on the claim form state... "The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HFC Bank Limited date on or about Oct ** 2007 and assigned to the Claimant on Nov ** 2015" Under the word PARTICULARS is shows a/c no - 0000******** Date, Item (default balance) and the value. That's everything on the front of this claim form I have in front of me now. Cheers
  16. davetherave87
    Hi DX , yes this is the same loan - my apologies, I should have simply continued the thread. I will read back through - a court claim is stil active regardless, so it was more a heads up on best way to approach I think. Cheers So based on the back track I have just done, HFC sold to IDEM, IDEM sent a termination notice... I am stuck with the gap between IDEM issuing a termination notice and Arrow Global now having control over the account. HELP There is no record anymore on my credit file so I cant check anything. I can dig out my suitcase full of letters. How do I approach this situation, if IDEM terminated and the full balance remained payable, but then down the line, sold the terminated account to Arrow global, which are now using Restons to chase the balance, how do I go about sorting it. Its down right confusing trying to remember the exact path this account took since it left HFC Sorry guys
  17. davetherave87
    Name of the Claimant ? ARROW GLOBAL LIMITED Date of issue – 17th AUGUST 2016 Date of issue (33 days total) - 18th SEPTEMBER 2016 [but file by 4pm Friday 16th- dx] What is the claim for – 1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and HFC Bank Limited date on or about Oct ** 2007 and assigned to the Claimant on Nov ** 2015" a/c no - 0000******** Date, Item (default balance) and the value. What is the value of the claim - £500.00 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? LOAN When did you enter into the original agreement before or after 2007? OCT 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. - Arrows Were you aware the account had been assigned – did you receive a Notice of Assignment? I THINK SO Did you receive a Default Notice from the original creditor? PROBABLY YES BACK IN 2008/9 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I DON'T THINK SO Why did you cease payments? What was the date of your last payment? AUGUST 2013 Was there a dispute with the original creditor that remains unresolved? NO PREVIOUS DISPUTE Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? YES - ACCOUNT WAS ENTERED INTO DMP - DMP WAS CANCELLED LATER DOWN THE LINE - COULDNT MAINTAIN REPAYMENTS DUE TO FINANCIAL SITUATION All the letters I have from Arrow and Restons have been offering me huge substantial discounts to settle the debt (As partially satisfied) which sent alarm bells ringing for me. So shall I CCA ARROW or HFC and CPR Restons? Thanks again for taking the time to read in on my situation x davetherave87
  18. davetherave87
    Good Morning All. davetherave87 here once again. I would firstly like to thank the people who previously assisted me with my last battle with a Reston Solicitors court claim, which was discontinued. Today, I now face my second run in with Restons, over a HFC loan from 2007, this account fell into payment arrears due to lack of work. I was forced (At the time) to include this account in a DMP agreement courtesy of the fee munching Gregory Pennington. I cancelled DMP plan roughly 3/4 years ago. I have simply ignored everything from that point, I am ashamed to say. HFC sold the account to Arrow Global in November 2015 which in turn 'transferred' the account to Restons in June 2016, so by my guessing, Arrow are still the legal owners of the HFC loan that was originally sold to them. The account itself, no longer appears on my credit file. It did three years ago, it has since disappeared. And BREATHE! I have already Acknowledged the claim online with intention to defend in full. I have a copy of the CPR 31.14 request I used previously with Restons for my last court claim. Shall I simply amend this and send off as a starting point? Would it be easier for me to just fill out the Questionaire on here to make things easier for everyone? I look forward to any input from whoever may be able to assist me. The clock is of course ticking. All the best and thanks in advance! davetherave87
  19. davetherave87
    Hi guys, just a quick update really... i received a reply from restons re my defence Jan 30th... and it was literally the same template response they have been using for quite a few people on here... basically saying it would not stand up and they have offered me the chance to withdraw my defence by no later than 13th febuary or they may be instructed to make application to strike out defence/ seek summary judgment. I did not withdraw my defence. It is now 6th March... I have not heard anything further. Should I, at this stage, contact the court to find out the current statu of this case? regards
  20. davetherave87
    I can only assume that my defence should only refer to the two particulars listed in the claim. However, the defence which has been ammended to suit, reflects the situation quite perfectly.... PARTICULARS: 1. The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Bank of Scotland icon dated on or about March 02 2006 2. and assigned to the claimant on Oct 02 2012 in the sum of £1500 DEFENCE: 1. It is admitted that the defendant held an account with Bank Of Scotland. 2. The defendant refutes that the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-. (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. © Provide a breakdown of their excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 5. On receipt of this claim I requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 4th of January 2015. The Claimant has failed to comply with this request. 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. Out of all of this, what elements can I no longer use? Am I right in thinking I can no longer use the penalty charges part or quite simply put, have I included far too much. Basically It is admitted I held an account with Hfx BOS.... i dont remember ever getting a written notice of account sale from BOS to CABOT.... the claim does consist of multiple excessive charges... they signed for the CPR request and totally ignored it.... So based on the above, how to I condense that into just two particulars... I am so so sorry guys, I thought I would be able to handle the pressure, but I am struggling here....
  21. davetherave87
    I thought, as did DX that my defence should be in by 4pm tomorrow (Friday 23rd) I have no numbered paragraphs on the P.O.C's it was just wrote as a block in the claim form. im confused.
  22. davetherave87
    Hi guys.. I have been looking on the forum for the past few days with regards to a template holding defence. .. I have to file by this Friday and currently cant find anything to assist me and I'm stressing big time... IS there anyone out there who has an up to date holding defence template to get me started... thanks in advance
  23. davetherave87
    Can someone please confirm or point me in the right direction in which to proceed. I have been searching the forums for various draft defences regarding no paperwork/holding. But I also know that a good chunk of this balance came from £35 penalty charges, I dont have the historic statements, so I would have no way of proving this at this point in time, so close to final defence date. Does anyone have any thoughts? Can someone also confirm just for my own peace of mind what the final date I have to submit defence by is. Thanks in advance.
  24. davetherave87
    Ok DX thanks, Just going by the dates, from the initial post, 24th Jan would be the final defence filing date, but that would be a Saturday, so I am guessing I would have to file a no paperwork/holding defence on the Friday 23rd, no later than 5pm? Regards.
  25. davetherave87
    I did have a read on other threads DX, my only question is that this is a current account with overdraft. Facility agreement would be the concern here I guess? The request I made was a CPR 31.14 as opposed to a CCA which from what I understand would only be valid on Credit Cards or Loans?

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