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Huge Delay in complying with CCA request


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Dear All

First of all, thank God for Forums like this and people who care enought to devote precious time to assist others in debt.

 

A Debt collection firm,

issued a claim,

the progress of which was halted by a CCA request.

 

 

It has finally come back,

after a year following request,

with what appears to be a copy of a signed agreement and t&cs and statement of account.

 

Amount seeking is over £3,150.

Can't claim time barred, owing to previous payments.

 

They say they can proceed to seeking judgment unless payment arrangement is set up.

 

They trade under three very very similar names.

The claim was issued under a name the authorisation of which by the Regulator has now lapsed.

 

Should I give in and set up arrangement?

 

Can I apply to dismiss their claim?

 

Should I request copy & details of assignment or ownership of the debt?

 

Can they come back and reissue a claim under one of their authorised names?

 

Please tell me what option I have.

Very grateful

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Hello and Welcome Blueplanet,

 

I have moved this thread to our Financial Legal Issues Forum as a claim has been issued, hopefully you will get some help shortly.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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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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and forget about the names issues

they will be covered by the group registration.

 

 

the claim is obv very well stayed

and I bet the letter doesn't say WILL anything.

 

 

can we also have a copy of the defence you filed please

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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Dear All

Would be very grateful for advice regarding whether following purchase of a debt,

whether Default and Termination Notices have any relevance at all?

 

Also,

what relevance have ss 136 & 196 of the Law of Property Act 1925

or s. 82 (a) of cca 1974 in challenging these companies?

 

Are they obliged to provide copies of proof of purchase of the debt?

 

Thank you so much

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tell us about the debt first please

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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Please keep to one thread

 

Answer that link please

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

It this to do with your court claim thread?

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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Thank you for coming back.

 

 

I've heard that creditors read these messages,

hence the reason why I refrained from naming the company.

 

 

The situation is they issued a claim for over £3,150.

I contacted them requesting a response to a CCA request.

 

 

They said they don't have the docs but will obtain them.

I believe they have purchased the debt, as it originates from a bank credit card.

 

 

I also stated in the Defence that theClaimant had failed to attach any proof or info to the claim and I needed further details to respond properly.

They also confirmed placing a hold on the claim.

 

 

They have come back over a year after issuing the claim,

having sent copies of what appears to be copy of agreement dated after 2007 and ts and Cs and statement of how the account accrued,

saying they can now go ahead with their claim but open to payment arrangements.

 

 

What I'm wondering is what happens to a claim after this gap?

I know, that currently, the name under which they issued the claim is not authorised.

But wonder if I mention this whether they will issue a claim under the other names they are currently trading which are extremely similar?

 

Should I just make arrangments?

Would be very grateful for advice regarding whether following purchase of a debt,

whether Default and Termination Notices have any relevance at all?

 

Also,what relevance have ss 136 & 196 of the Law of Property Act 1925

or s. 82 (a) of cca 1974 in challenging these companies?

Are they obliged to provide copies of proof of purchase of the debt?

Would be grateful for your assistance.

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It this to do with your court claim thread?

 

Threads merged.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Dear Consumer Action Group Champions

 

I don't know, if you are still online?

 

As I need to go back to the creditor, I will email them saying I have received the docs and will go through them and revert to them.

 

The court has my Defence since last year. I don't know whether the creditor has corresponded with the court since obtaining the docs.

 

I keep wondering whether I should just accept payment arrangements.

Look forward to hearing from you.

 

Thank you very much indeed

Edited by honeybee13
Paras and debolded the font.
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defence last years - heard nothing == claim stayed,

 

 

awaiting them to pay court to unstay a claim or they gave up ,

 

 

ring the court ask if stated,

if yes then, walk away

until if ever you hear from them or the courts,

do not contact a sleeping pig, stop panicking

:mad2::-x:jaw::sad:
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Not another secret squirrel poster

YOU DO NOT NEED TO HIDE

please tell us the details we NEED.

 

 

go read this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?479573-mmf-moriarty-law-claim-form-old-wageday-PDL

another here last week that almost screwed his whole case by hiding very important details..

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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