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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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RBS/Carter claimform - Mint Card - CCA Is This Enforeable?


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  • 4 months later...
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Hi, sorry not to follow up.

 

 

Initially MINT withdrew the case from B Carter after I had agreed to pay a monthly amount.

It was all set up and they passed the case to another DCA.

 

 

After writing to them I was told that they were entitled to change DCA after a 3 month period if no result had been achieved!

The court case is currently stayed with an agreement in place but no Tomlin Order or CCJ.

 

In the end as we have a number of credit cards we decided to stop paying them all (including my other half's) and put all through a Debt Management Plan.

 

 

Saved me loads of time and angst as they now handle all correspondence for all our debts leaving me free to concentrate on earning money to pay it all off sometime in the future.

 

I wish all on here successful claiming, as I'm sure there are ways forward for all depending on individual circumstances.

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  • 5 years later...

Hi everyone,

 

Here is a follow up to this thread.

I've been paying a nominal amount to Mint since putting various card debts into a DMP.

 

The DMP provider had to stop trading due to the new rules of the PRA.

I carried on making the same payments as agreed.

 

I received a letter with a MINT logo from Wesc0t dated 5th of September saying that the debt had been assigned to Cabo0t Financial on 3rd July 2017.

Wesc0t will be managing it on their behalf.

 

Is it worth requesting a copy of my CCA from Cabot to see if they have an enforceable claim?

I will update my other threads for others to see any results.

 

Cheers

Murphy

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Mint was the one card my OH continued to pay because they were the only ones that accepted an offer of a reduced payment.

 

We decided a couple of months ago that they'd had more than enough money so we stopped paying.

 

It has now been sold on to Cabot and they have sent a few letters but nothing of concern so far, also had a few messages left on our landline.

 

We will not be making any contact until anything drops through the letter box which concerns us and from experience, this will take some time.

 

If you've not heard from them yet, I think it's best to leave well alone for now.

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who was this DMP with...

 

was RBS the claimant on that court case?

 

yes CCA cabot

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 DX,

The DMP was with a company called London United Developments which was a contact that I had from some time previously.

 

RBS were the claimant through Bryan Carter Sols and I have posted the court stay as MINT agreed to a regular payment being made which I have kept up to date.

 

I'm now unsure whether this court order stands now that the alleged debt has been sold to Cabot.

Any advice is very welcome.

Yours

Murphy

 

Hi Dotty, good to hear from you.

Hope you are getting sorted. I've still a long way to go but have had some success where a debt has been sold on and there is no longer a CCA available from PRA group and they have advised it is now unenforceable.

 

I have sent them a CCA request for this account and will see what they come back with.

Yours

M

MINT BC Court Agreed Post 1.pdf

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  • 10 months later...

so what happened?

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 DX,

Finally in May 2018 they wrote to say that they are currently unable to get the information of the CCA from the original lender and that until they can, the account is unenforceable.

 

As they (Crapbot) had not provided the required info by end of 2017 I stopped any further payments to them.

 

I'll let them keep asking for a plan...

 

How long for statute barred?

 

Is it 6 years after after last payment made?

 

Thanks for all your and the teams help.

Murphy

Edited by dx100uk
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Yep last payment

Was this the only debt in the plan?

  • Confused 1

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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Hey DX,

Noooo, not the only C/cd debt in the DMP!

Also had Cap1, Citi, Old Providian. No CCA except CAP1 and all sold on to DCA's

Have B/Card, B/Mastercard and not had contact since stopped paying them through DMP and don't know who currently holds the o/s debts. Will be interesting to see if they respond to my C of Address letter when I send it.

I'm only paying a nominal amount to CAP1.

 

OH has 3 cards too none have the CCA's available so not paying any.

None are on our credit files now!

 

BTW - just sent a donation.

 

Murphy

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good as long as your not blindly paying …

must be quite a sum of debt written off in a word then

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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Yes, quite a sum assuming nothing comes out of the woodwork.

All cards pre 2007 too.

Will find some more funds to support you soon, as have just become mortgageable again and have bought a house that needs some work doing to it.

Caggers have been a fantastic resource and support. Thanks all!

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