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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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lufc v lloyds black horse and arrow global claim form


lufc
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hi there evening at 20.30 rockwell have stated there puting me in court 15£1500....ive been sending token payments but they state they never got them the account as £500 in penlty charges wich dont bother them they have defaulted me

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DO NOT PHONE

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: Creditors and DCAs - Letter Templates & Budget Planner

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

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  • 2 months later...

hi in october 2005 i put black horse with my (debt mangment program ) was paying black horse they would not deal with dmp and the ballance is still the same as 2005 they took the money and never reduced the ballance ....sept 2007 they passed to rockwell phone calls letters the lot ,now im paying them token payments £1 as im on long term sick and d.l.a..and under the mental health still the ballance of 2005 to this date sent income and out goings .sent cca no responce THIS LETTER I GOT TODAY SHOWS CONCERNS 28 MARCH 2008

 

THANKYOU FOR YOUR LETTER REGARDING YOUR CURRENT FINANCIAL POSITION .

 

HAVEING CONSIDERD YOUR INCOME AND EXPENDITURE WE WOULD SUGGEST THAT THE £580 PER MONTH ON HOUSEKEEPING APPEARS

EXCESSIVE.IN VIEW OF THIS CAN YOU PLEASE JUSTIFY THIS AMOUNT BEFORE WE CAN COMMENT ON YOUR TOKEN OFFER OF £1PER MONTH

 

//////////////////////////////////////////////////////////////////////////////

 

 

ROCKWELL HAVE BEAN GETTING TOKEN PAYMENTS SINCE SEPT 2007 NEVER HAD A PROBLEM BEFORE WITH THEM TILL NOW.

 

 

1( I FEED 3 KIDS AND ME AND WIFE A FAMILY OF FIVE

 

2(IM ON LONG TERM SICK AND DISABILTY ALOWANCE FOR LIFE

 

 

3 ( MY STITUATION IS NOT GOING TO IN PROVE

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Lufc, you need to send the CCA request, as advised...

 

That's a very cheeky para from them suggesting that you're spending too much on housekeeping.... they may just get a 2-fingered cyber salute if they carry on like that, regardless of any CCA they may or may not produce. ;) The reason they're hassling you now is simply because they're fed up collecting the token payments...

 

Do not sign the CCA request... enclose a postal order for £1 (not a cheque)... and send by rec. delivery.

 

... and... DO NOT enter into any conversations over the 'phone.

 

:)

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Hiya Lufc.... I'm back...

 

There's no point in complaining to anyone at this stage... it will get you nowhere, probably give you a false sense of security through contacting an official body of some kind.... and eventually leave you even more frustrated than you are now when they do nothing about it.

 

You need to send the CCA request off in order to protect you interests first... because if Rockwell don't have a copy of it and continue to harrass you regardless, they could find themselves in trouble through a complaint with some legal substance to it. Withough placing the account in dispute through a CCA request however, you're leaving yourself wide open to a variety of possible underhand tactics... the ultimate being court action (in the hope you won't defend yourself) and thereby gaining a CCJ by default.

 

If Rockwell cannot comply with your request, then the account stays in dispute until/unless they can comply. In most cases DCAs will drop it, return the account to the original creditor (if not sold) or flog the account on, if they've bought it... but at this stage, we don't know what their next move will be, so it would be unfair to speculate too much. Having said that, Rockwell are a tertiary DCA and are related to our friends at Tessara/Fenton Cooper down in Southend.... so that gives a few clues....

 

So... send the CCA request off as detailed above, sit back and WAIT.

 

:)

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  • 7 months later...

LETTER DATED 21 / 11 /2008 ( CCA REQUEST WAS SENT 6 /10/ 2008

 

 

RE OUTSTANDING BALLANCE TO TESSERA MANAGEMENT LTD ( LIYODS BLACK HORSE

 

 

fenton cooper

 

we refer to your recent correspondence ,the content of which has been noted

 

 

 

we enclose a copy of the original agreementas requested in your letter quoting section 77-79 of the consumer credit act 1974 satisfying our obligation..THE DEED OF ASSIGNMENT IS A PRIVATE AND CONFIDENTAILDOCUMENT BETWEEN THE VENDOR,PURCHESER &ANY FINANCEIRS WHO MAYBE INVOLVED IN THE SALE & CONSEQUENTLY YOU ARE NOT ENTITLED TO RECEIVE A COPY OF THE ORIGINAL DOCUMENT .YOU WERE INFORMED OF THE SALE OF THIS ACCOUNT BY MEANS OF LETTER DATED 9 TH NOVEMBER 2006 FROM ROCKWELL DEBT COLLECTION AGENCY & VENDORS THIS COMPLIES WITH THE CURRENT UK LEGISLATION ...

 

 

WE THEREFORE REQUIRE YOUR FIRM PROPOSALS FOR REPAYMENT TO BE RECEIVED BY 28 NOVEMBER 2008 IF FURTHER RECOVEY ACTION IS TO BE AVOIDED

 

 

 

BLACK HORSE WAS A £16,000 LOAN WHAT I SIGNED FOR ...COOLING OF PERIOD ID CHANGED MY MIND AND CANCELLED IT.BUT THEY PAID £1000 FROM THE £16,000 INTO PARTNERS ACCOUNT TO CLEAR HER OVERDRAFT ACCOUNT AS THEY SAID THEY COULD DO THIS .....SO NOW THERE CHASEING ME FOR THE £1000, THEY HAD OVER £300 IN PAYMENTS FROM MY ACCOUNT MY DEBT MANAGMENT PROGRAM ABOUT £400...WHICH WAS NEVER CREDITED TO THE ACCOUNT

THEY ARE CHASEING ME FOR THE FULL AMOUNT YET AGAIN ..LETTER AFTER LETTER CHARGES ON TOP £500 CHARGES

 

THE CREDIT AGREEMENT THEY SENT ME

 

STATES THE £1000 PLUSS CREDIT CHARGE £549

 

AND STATES THE LOAN MUST TO PURCHASE A MOTOR VEHICLE ( BUT I DONT DRIVE NOR HOLD A LICENCE LOL ) PLUS MENTIONS CONSUMER CREDIT ACT 1974 & THE TIME SHARE ACT 1992

 

PLUS WERE WE SIGNED FOR THE £16000 THE SIGNURES HAVE BEEN ADDED TO THE BOGUS AGREEMENT AND TO PPI AS I TOLD THEM I DIDNT NOT NEED IT DUE TO LONG TERM SICK AND MENTAL HEALTH PROBS AS I COULD NEVER CLAIM ON IT

 

 

WILL SCAN CCA AS SOON AS SCANNER MENDED

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like i said its not the agreement we signed at loyds black horse ..so what do i do know ...when i cca rockwell i got nothin back from them ...now fenton collecting for rockwell state they will go to court with it

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  • 4 years later...

back in 2005 was going to take a loan out with Lloyd black horse for 16k to clear some debts

 

the paper we signed my wife took £1000 advance to clear overdraft

black horse said they can do this and take it off the 16k

 

after the cool period we cancelled as to the terms was different to wot we was told.

 

they wanted there 1k back

 

couldn't pay it so they took £ 50 month out my account untill i stopped paid about 300 back

 

then i was with dmp from October 205 till October 2006 couldn't afford that so stop paying...

.never paid any thing since

 

if collectors come send them cca they back off.....

 

.i have never had any contact with arrow global what so ever

 

no letter from them the £1000 wasnt a loan it was an advance from 16k that we never took out AND NEED HELP WITH A DEFENCE I HAVE NOT GOT A CLUE

 

fenton cooper

 

we refer to your recent correspondence ,the content of which has been noted

 

we enclose a copy of the original agreementas requested in your letter quoting section 77-79 of the consumer credit act 1974 satisfying our obligation..

 

THE DEED OF ASSIGNMENT IS A PRIVATE AND CONFIDENTAILDOCUMENT BETWEEN THE VENDOR,

PURCHESER &ANY FINANCEIRS WHO MAYBE INVOLVED IN THE SALE & CONSEQUENTLY

YOU ARE NOT ENTITLED TO RECEIVE A COPY OF THE ORIGINAL DOCUMENT .

 

YOU WERE INFORMED OF THE SALE OF THIS ACCOUNT BY MEANS OF LETTER DATED 9 TH NOVEMBER 2006

FROM ROCKWELL DEBT COLLECTION AGENCY & VENDORS THIS COMPLIES WITH THE CURRENT UK LEGISLATION

 

and we never receved a credit agreement from rockwell

 

byrom & keeley the dmp have gone out of buisenss so can not got copys of records

 

got county court forms from els & cole solicitors dated 20 marck 2013

got them 23/3/2013 so got 14 days to get back to court

 

particulars of claim

 

Claimant

arrow global limited belveder

e 12 booth street manchester m2 4aw

 

address for sending payments

els & cole solicitors

5th floor maitland house

southend-on-sea

essex ss1 2js

 

 

particulars of claim

 

the claiments claim against the defendants miss xxxx

mr xxxx the sum of £1442.26 due under the following account xxxxxx

-1442.26 assigned to the claimant by lloyds black horse ltd notice of which has been provided to the defendant.

 

 

Signed william hall

 

in the northampton ccbc county court

issue date 20 march 2013

 

amount claimed 1442.26

court fee 65.00

solictors costs 80.00

total mount 1587

 

 

THE SAR WAS SENT TO LOYDS BLACK HORSE THE NEVER SENT ANY THING BACK

 

CLAIM FORM

RESPONSE PACK

ADMISSION SPECIFED AMOUNT

DEFENCE AND COUNTER CLAIM FORM SPECIFED AMOUNT

 

NEED HELP

Edited by lufc
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back in 205 was going to take a loan out with Lloyd black horse for 16k to

clear some debts the paper we signed my wife took £1000 advance to clear overdraft black horse said they can do this and take it of the 16k

after the cool period we cancelled as to the terms was different to wot we was told so we cancelled the 16k loan. they wanted there 1k back couldn't pay it so they took £ 50 month out my account untill i stopped paid about 300 back

then i was with dmp from October 205 till October 206 couldn't afford that so stop paying....never paid any thing since if collectors come send them cca they back off......i have never had any contact with arrow global what so ever

no letter from them the £1000 wasnt a loan it was an advance from 16k that we never took out AND NEED HELP WITH A DEFENCE I HAVE NOT GOT A CLUE

 

fenton cooper

 

we refer to your recent correspondence ,the content of which has been noted

 

 

 

we enclose a copy of the original agreementas requested in your letter quoting section 77-79 of the consumer credit act 1974 satisfying our obligation..THE DEED OF ASSIGNMENT IS A PRIVATE AND CONFIDENTAILDOCUMENT BETWEEN THE VENDOR,PURCHESER &ANY FINANCEIRS WHO MAYBE INVOLVED IN THE SALE & CONSEQUENTLY YOU ARE NOT ENTITLED TO RECEIVE A COPY OF THE ORIGINAL DOCUMENT .YOU WERE INFORMED OF THE SALE OF THIS ACCOUNT BY MEANS OF LETTER DATED 9 TH NOVEMBER 2006 FROM ROCKWELL debt collection AGENCY & VENDORS THIS COMPLIES WITH THE CURRENT UK LEGISLATION

 

and we never receved a credit agreement from rockwell

 

byrom & keeley the dmp have gone out of buisenss so can not got copys of records

 

got county court forms from els & cole solicitors dated 20 marck 2013

got them 23/3/2013 so got 14 days to get back to court

 

particulars of claim

 

Claimant

arrow global limited belveder

e 12 booth street manchester m2 4aw

 

address for sending payments

els & cole solicitors

5th floor maitland house

southend-on-sea

essex ss1 2js

 

 

particulars of claim

 

the claiments claim against the defendants miss xxxx

mr xxxx the sum of £1442.26 due under the following account xxxxxx

-1442.26 assigned to the claimant by Lloyds black horse ltd notice of which has been provided to the defendant.

 

 

Signed william hall

 

in the northampton ccbc county court

issue date 20 march 2013

 

amount claimed 1442.26

court fee 65.00

solictors costs 80.00

total mount 1587

 

 

THE SAR WAS SENT TO LOYDS BLACK HORSE THE NEVER SENT ANY THING BACK

 

CLAIM FORM

RESPONSE PACK

ADMISSION SPECIFED AMOUNT

DEFENCE AND COUNTER CLAIM FORM SPECIFED AMOUNT

 

NEED HELP

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if you are saying the last payment on this advance

was oct 2006 - its statute barred

 

use the SB defence

 

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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As advised by dx100uk - if the last payment made to this debt was in 2006, it is statute barred. Simply use the defence below.

 

 

1. The Claimant's claim was issued on (date).

 

2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that theDefendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3. The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

 

 

 

 

 

Below are just notes/information regarding statute barred and are not intended to be included in any defence.

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued.It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You can submit your defence online using the password etc on the claim form. You do not need to complete anything else.

 

If you have not already done so, then you need to acknowledge the claim, again online.. then just continue to submit your defence.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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John....you MUST start your own thread please....and the answer is if you have not made any payments for 6 years or acknowledged the debt it will be statute barred....use this thread for help as it will show you what to do....and please don't ignore the court claim....

 

hi can any body help with court paper got 20 march 2013

Thread: lufc v lloyds black horse and arrow global claim form

Edited by lufc
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Bingo! This won't come back and haunt you. They've binned it because the claim was statute barred when they issued. If it was statute barred when they issued it will remain that way for ever and a day.

 

Enjoy your weekend!

 

x20

 

hi there could you help please county court papers got 20 march 2013 need help with defence and letters to send thankyou

Thread: lufc v lloyds black horse and arrow global claim form

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You can submit your defence online using the password etc on the claim form. You do not need to complete anything else.

 

If you have not already done so, then you need to acknowledge the claim, again online.. then just continue to submit your defence.

 

 

acknowowledgment of serive

 

do i tick box ( 1 ) i intend to defend all of this claim

 

if i do it on line in morning i get 28 days to do defence

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