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    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, (this is what you reminded me of on another thread) but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check if I am still a member of the scheme, and if I am I will discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx Yes sorry. they called it a deed at first in court.  Then Judge said she was happy to have it sealed as something else  exact names of orders in message above.     The disease was tested for when his cardiac testing was done immediately after purchase and part of the now sealed case.   However, results were disclosed incorrectly and I only found out  two days ago.   This disease did not form part of my knowledge during the case as I had been informed of a normal result that was not the case.   it is perfect clarity of a genetic disease where as the previous cardiac issue could be congenital until the pup is genetically tested. 
    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Default Notice- Can It Be Registered A Second Time After 6 Year Rule Has Expired


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Credit Card Debt - Original Default notice 1996/7 ?HSBC

Debt Then held by Equidebt/payment plan in place until July2008

HSBC then Reassigned debt to Phoenix DCA

Question - If i make no payment can Phoenix Default me a second time on same Debt resulting in another 6 year wait re credit file

Your advice would be apreciated THANKYOU

REASSIGNMENT DOES this mean debt has been sold ??

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You shouldn't just stop paying DCA without valid reason. Before taking any action perhaps you should research this issue a little more to ensure you claim your legal rights correctly -

 

1. Have you ever applied for a CCA from HSBC?

2. Have you received a notice of assignment from HSBC, both for the Equidebt assignment & now the Phoenix one?

3. Did you receive a default notice from HSBC in 1996/7? If so, have you still got it?

4. When was your last payment to Equidebt made?

5. Have you ever reclaimed any unlawful charges aplied to this account eg. late payment, over limit fees?

 

Reassignment can mean either that the debt has been sold outright (ie. DCA has all legal rights that the OC had) or transferred partially (the legal rights to the debt remains with the OC, the DCA just has collection authority).

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Only one default can be issued against any one debt/account.

 

This is irrespective of the debt being sold or handled by any other party.

 

They could, if circumstances were right, proceed to court for repayment and this could result in a CCJ against you, but there are steps to take if that is the case and it is not a forgone conclusion.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thanks for your comments.

*Origanal cc agreement Midland Bank - Now HSBC 19.3 1987

*No requests made to date for CCA Proof

*Notice of assignment - HSBC verbally told me 15.8.08 that letter of assignment/notification sent to me 8.8.07 - sent to old address - have not lived there since 1997.

*I think HSBC issued Default notice 09/1995 -CAB involved

*Last payment to Equidebt July 2008

*No claims made for any unlawful charges

*During repayment period 1997-2008 no interest added to debt

 

**WHAT ACTION NEXT DO I make contact with Phoenix-Sarl-Marlin (marlin financial services/mortimer clark solicitors -all part of P-S-M I am told )

 

**Do I cca them before they strike at me ?

**Do i wait and see if they contact me

HELP PLEASE

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Credit Card Debt - Original Default notice 1996/7 ?HSBC

Debt Then held by Equidebt/payment plan in place until July2008

HSBC then Reassigned debt to Phoenix DCA

Question - If i make no payment can Phoenix Default me a second time on same Debt resulting in another 6 year wait re credit file

Your advice would be apreciated THANKYOU

REASSIGNMENT DOES this mean debt has been sold ??

 

Yes because it is not linked to the original default.

 

If you take out a credit card making no payments after 6 months, a default can be put on your file. If you continue not to pay, no further default can be issued. But if you begin a new repayment plan and then stop, you can be defaulted for failing to comply to that agreement.

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Am I missing The POint Last few posts have given contradictory views

Does any one know for sure??

Can i be Defaulted on the same Debt Twice if i do not keep to repayment plan?

It can be argued that i do not have repayment plan at present because i am waiting for Phoenix/Marlin to contact me.

Last payment made to Equidebt July 2008 100% repayment per plan with Equidebt since 1997.

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if a debt is defaulted, and subsequently passed on/sold to a DCA, the DCA can update the current status of the default with the CRA, but a second default cannot be issued against the same debt, a complaint should be levied to the CRA and a request for the default to be removed, you may wish to bring the CRA's attention to the original default. as mentioned earlier, a debt cannot be defaulted twice.

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Thankyou The concern for me was could a DCA issue a default on a Debt that had originally been Defaulted and was cleared from The CRA after 6 years If i have understood correctly No they cannot If they have i should complain to CRA IS there a Draft letter Do i need to refer to any legislation ? First CRA is clean i am awaiting the other two.Will keep you posted. Still no direct contact from P S M The new owner of the Debt.

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