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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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hoist/Cohen claimform - old HSBC credit card 'debt'***Claim Dismissed with Costs***


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why

surely you DONT want anything back

 

why have you sent MKDP a CCA request then?

 

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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credit file?

 

 

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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  • 3 weeks later...

Ok - an update...

 

 

So I checked my credit file and found that this was on there from MKDP (in default with payment plan in place) but under it was the original credit card with HSBC (opened 22/09/2006)...

 

 

I've asked Noddle to remove the one from HSBC as it's a duplicate but they've given me the standard... 6years blah blah... But how do I get the HSBC one removed because it is a duplicate!

 

 

No CCA received as yet either.....

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you don't need it removed

 

its not harming you

 

so its pre apr 2007

so will need the signed agreement.

 

look on the hsbc entry

what was the last payment

 

and a defaulted date?

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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13/08/11 default date

 

No last payment date on the record! Previous years start on the record the same month as MKDP "bought" the debt. I have a letter from HSBC stating that they no longer "own" the debt.

 

Today is the last day for them to reply to my cca request.

 

 

Nothing received, what do I do now?

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Nothing received, what do I do now?

 

Have you sent the CCA request by Recorded Delivery or received a letter from MKRR confirming receipt of a CCA request?

This is to make sure that MKRR have fully received the CCA request.

 

If this is the last day then you do nothing, MKRR know the law full well that they have failed to comply within the time scale, if you had any payment plan in place (which you did not) then you can now legally with-hold payments until such times as MKRR comply.

 

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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Thanks Stigman. I did send it recorded delivery and have checked that they received it (they have). However I did have a payment plan in place with them - I have done for a couple of years.

 

So I should cancel the standing order and wait for the letters to start?

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I did send it recorded delivery and have checked that they received it (they have). However I did have a payment plan in place with them - I have done for a couple of years.

 

So I should cancel the standing order and wait for the letters to start?

 

Save either a screenprint of the delivery confirmation from the Royal Mail website or print it out.

 

You are legally entitled to stop the payment plan until such times as MKRR comply.

 

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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put the money aside for a few months still mind.

if they produce an enforceable CCA

then it might get sticky.

 

but I doubt it...

 

oh and PS

you don't have a letter direct from HSBC stating they don't own the debt

 

you have a letter from MKDP using an HSBC letterhead stating thus.

 

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

So... an update of sorts to the double entry on my credit file...

 

Email just received from Noddle stating:

 

"We're currently still investigating your dispute,

 

however, because 28 days have passed since it was received,

 

the entry has been temporarily removed from our database.

 

This means that it won't be visible on any search carried out on you through Callcredit (Noddle is part of Callcredit Ltd and it’s Callcredit that provides your credit report).

 

We'll be back in touch as soon as we have further information about your dispute."

 

This after they said that they couldn't remove it because of true reflection etc etc blah blah...

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  • 4 weeks later...

Another update:

 

Another letter to my parents house addressed to me (they have written to me at my current address). Stating the usual, you've not paid etc etc....

 

No CCA from them or an acknowledgement of my request made on 13th January.

 

Some advice please.

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until/unless they find an enforceable CCA

you ignore them

 

 

but ofcouse not a claimform.

 

 

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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Thanks Dx - What I'm annoyed about is that they are writing to my previous address and if my parents didn't live there then I'd have no idea that they'd written to me. So how do I stand a chance of getting this sorted?

 

Just for info - if/when I get the claim form what do I do? I'm assuming that I write back to the court attaching the evidence of my attempts to get the CCA?

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sorry I panicked you.

 

so why are they writing to a wrong address?

 

your CCA request gave them your correct address?

 

I take you've moved and never told your creditors?

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

You didn't panic me dx :)

 

I have no idea why they are writing to an old address (probably because they are a bunch of Muppets!!)

 

- I've been in contact with them at various times over the last few months all from my current address

and they've even written to me at my new address..

. Not to mention the CCA request that had my old and new address..

. So I'm lost to be honest.

 

Just to make sure that everything is above board

 

should I write to them again informing them that I got their hastening letter,

reminding them of my new address and getting it signed for?

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no , no need the CCA is a legal document. enf off

if they ever file to the old address

instant set aside

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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  • 7 months later...
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