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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Carcraft/Creation Finance


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my mom inlaw bought a car from car craft signed all the relevant paper work and agreed monthly payments of £150 3months down the line £18.20 started to go out of the bank she cancelled these payments as she did not know what it was for she then had a letter from creation finance saying they was adding a late payment chrage and a fee for the letter. she called them as she still didnt know who the hell they was they said it was to do with the car she had she then called car craft they said it was because black horse couldnt give her the full amount for the car so they had to go to creation for the last 500 there is no details to back this up in her paper work no mention of creation there , she is completely confused wot should she do

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Cady-leigh

 

They can't do this. She should send creation a letter requesting "a copy of the executed agreement for the loan under s77(1) of the Consumer Credit Act 1974". She should remind them that they have 12 days in which to comply.

 

It would probaby be wise in this case to copy the letter to car craft.

 

Cady - I'm goint to ask that this post be moved to a new thread in "other institutions" so advice doesn't get mixed up with magitorch's. It would also be better not to be in 'STore cards'

 

 

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A simple letter will do.

Dear Sirs

 

CONSUMER CREDIT ACT 1974 - ACCOUNT No. XXXXXXXXXXXX

 

This letter is to request that you suppply me with a copy of the executed agreement for the above account under s 77(1) of the Consumer Credit Act 1974. I remind you that the statutory period for you to reply to this request is 12 days.

 

I enclose the statutory fee of £1.

 

I look forward to hearing from you.

 

Yours sincerely

 

C-L's mum

Don't forget to enclose the £1 as a postal order and don't sign the letter, just print your name - we don't want them to have a copy of your signature to use to 'manufacture' a credit agreement.

 

After 12 days, one of 2 things will happen:

 

1) they will have sent you a copy of a properly executed agreement. This won't happen as the circumstances you describe mean that one cannot have been signed (by you anyway. If it is signed by someone else then that would be fraud!)

 

2) they won't, in which case you tell them to get lost.

 

If the 'proper' loan was with black horse, I would send them one too for the account with them.

 

If you don't have am account number for the Creation 'loan' then you will need to send a S.A.R - (Subject Access Request) to get the account number they think you have. That will cost £10.

 

 

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