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    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like

F&F settlement with Marlin / Cabot


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Hi,

 

I am looking for some advice on negotiating with Marlin, now Cabot, over an Egg Loan from 2003.

 

I was originally left with a number of debts when my business went bust over 10 years ago.

 

This Egg loan is the only debt left,

it started at £18k and is now at £7.5k

 

has passed through various debt collectors along the way

- I have been fairly consistent at paying £100 a month over that time.

 

I now just want to finally get rid of it and Cabot just don't seem willing to negotiate.

 

I have done a SAR and have had a copy of the original loan agreement from Egg,

and unfortunately it checks out.

 

I think, but can't be certain,

I was served a default notice in the beginning i.e. about 10 years ago.

If I was, it has long passed from my credit files,

and this debt hasn't shown on both Experian and Equinox credit reference files for at least 3 years.

 

I am looking to finally apply for a mortgage now all my other defaults are off my reports so I don't want to risk this one suddenly going on.

 

So,

 

How do I find out if there has already been a default on this loan,

i.e. so Cabot can't report a default if I start playing hardball?

 

There is nothing in the paperwork that I received through the SAR showing that there was,

but the paperwork only goes back 2 years or so.

 

Does anyone have any advice on the best approach to negotiating with Cabot

and how low they are likely to go?

 

They are refusing to tell me how much they paid for the debt as this information is apparently

" a confidential commercial matter".

 

I am not sure if this is true, or if it is worth pursuing?

Even if for no other reason than being awkward?

 

Any help appreciated!

 

Thanks

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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who did the CCa come from the present fleecer?

 

 

an sar should contain upto 6yrs or more data

 

 

where did you send the sar too?

Canadian house?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They are refusing to tell me how much they paid for the debt as this information is apparently

" a confidential commercial matter".

 

If Cabot are the owners, you should have been sent a Notice of Assignment letter from them informing you that they are the new owners of the debt.

 

Cabot will have paid between 5 - 14% of the total value of the debt, your debt would have been parcelled up along with many others and sold on.

 

Unfortunately because DCA's are Limited Companies, the transactions are private and you will never know the exact amount paid.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Yes, I have been sent the original agreement and then the past 6 years worth of information.

 

 

Unfortunately there is no information for the period between 2003 and 2009.

 

 

I suspect I may have defaulted in 2004, but I can't be sure. That was quite a difficult period of my life!

 

Egg sold the loan in 2009 to Britannica Recoveries - Arrow Global

who then sold it on to Marlin Financial in 2013 who have are now apparently part of Cabot.

 

 

I have letters for these three transactions, but no details on how much they were sold for, for the reasons you say.

 

Any thoughts on how low I can go, and how difficult I can be to get rid of this debt?

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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who did you send the CCA request to and when?

 

 

who did you send the SAR to and at what address?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi,

 

The SAR was sent to Marlin Financial Services Ltd, Marlin House, Grafton Road, Worthing. It included a copy of the original credit agreement that I signed with Egg so I haven't sent them a CCA Request.

 

Thanks

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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aha thought so.

 

 

your sar should always goto the oc , original creditor

that should be egg at Canadian house see the stickies of the egg forum.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Ah okay, I will do that now then.

 

How will this help me with Marlin / Cabot?

 

Thanks

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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checks the default

and prob find you've PPI there too or charges.

 

 

£100 PCM to various DCA's over all these years

this debt sadly smacks of you being cash cowed to me.

 

 

esp as its been passed around.

 

 

here you have some..this mug coughs nicely.

 

 

any chance you can scan up the CCA return you think is enforceable?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Ah okay, that makes sense!

 

 

I have pulled all the tricks and negotiations with the other debts but this one was so big I never dared to fight it.

 

 

You are probably right, it has been an easy squeeze for various companies over the years hence why I want to push back hard now

- they have had more than enough from me so far!

 

Where should I send the scan?

 

 

Its been a long time since I spent time on these forum.

 

Thank you for your help, it is much appreciated

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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hey no sweat

 

 

post them up here

pop the redacted pics into a word doc

and attach that as a PDF

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

.

ENSURE: To leave all Monetary Figures and Dates.

.

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

.

1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

.

- Don't forget you can use a mobile phone or a digital camera too!!

.

- If you have multiple scans/pictures

please put these into WORD and make a multi page document

.

first ensuring you have removed all Personal Information before converting to PDF.

if you dont have MSOFFICE, use openoffice its free and has a PDF converter.

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

.

2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

PLEASE TRY AND REFRAIN FROM POSTING FILES OF +1Mb in size

a single sheet of a4 should be about 50kb.

.

.

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

.

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

.

OR Go to one of the many free online pdf converter websites:

.

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

.

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

.

4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

.

- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

.

- For Example: Default Notice DDicon-MM-YYYY.

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

.

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

.

- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, here we go - this is the original agreement I had with Egg. Have a look and see what you think?

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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where are the p[ages of T&C's that should be with that

 

 

and can you please read this upload

 

 

1 page should not be 5.6Mb!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Apologies, for the size of that, for some reason photoshop likes to make it's PDFs really big. I'll pay better attention next time.

 

That document is all I have - there were no T&Cs attached. I'll put a SAR into Canadian House, as suggested, and see what that brings up. What are the T&Cs likely to say that would be useful and not in the signed agreement above?

 

Thank you again for your help, this is all useful.

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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that's not a compliant CCA

though theres no remit in an sar to supply one

 

 

send cabot a CCArequest

 

 

£1po leave it blank don't sign anything

 

 

sar to EGG at Canadian sq too.

 

 

until/unless cabot supply and enforceable CCA

I'd pay them nowt

 

 

sadly I think you've been cash sowed here

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Great, I'll do this and let you know how I get on!

 

Many thanks.

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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Share on other sites

One final question.... if I stop paying them until they provide an enforceable CCA can they issue a default notice and pass the details on to credit reference agencies thus stopping me get a mortgage?

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

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Share on other sites

no because it been defaulted and dropped off your CRA file you said?

you cant be defaulted twice

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I suspect it was, but I am not certain and have no paperwork (at the moment) saying it was defaulted.... I am just doing the CCA request just now and the SAR for Canadian House so that may show one way or another

Smile £315 Paid In Full March 2006 (no court action)

MBNA £2600 Paid In Full May 2006 (no court action)

HBOS £5800 Paid in Full August 2006 (action raised but not defended)

Morgan Stanley £585 Paid In Full August 2006 (no court action)

Link to post
Share on other sites

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