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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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Asset collections & investigations ltd SPC claim - 4 sep lending stream PDLs


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I received a simple procedure notice of claim recently and I'm unsure of what to do.

 

This was from a few addresses ago.

 

I'm unemployed, recently had a baby and suffering from postnatal depression.

 

My brain is a bit 'fuzzy' at the moment and I find it hard to take things in and concentrate.

 

What do I Do?

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Pay them? ^_^

 

Just kidding and welcome to CAG - I'm guessing this is a Scottish Claim?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?475116-You-have-received-a-SCOTTISH-Court-Claim-What-you-need-to-do.-**updated-April-2017

 

Please have a look at the link I've sent... Also please tell me more about the loan... How many PDLs have you had? Who is the claimant in this case?

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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name the issuing court: Paisley

Who Is The Claimant:*Asset collections & investigations ltd

 

Who Are the Solicitors:*Walker Love?

 

What type of action? (simple/Ordinary):*Simple

 

What is the claim for –*the claimant is a fully authorised debt collection agency regulated by the financial conduct authority (fca ref no 708400) the claimant regularly purchases portfolio of debt from lending stream llc. the lending stream llc are a loan provider and are authorised by the fca.

 

The respondent was granted a credit facility by lending stream llc under the consumer credit act 1974.

the respondent defaulted on payments.

a default letter was issued by lending stream llc.

Lending stream llc exhausted all in house collection activity and subsequently sold this debt to the claimant with an outstanding balance of £1563.52.

The claimant has now exhausted collection activity.

The respondent has since made payments of £0 to the claimant.

Therefore the current debt outstanding is £1563.52

 

 

Last Date Of Service:- 26.02.2018

 

Last Date For Response:-*19.03.2018

 

What Documents are listed in Box E2:[or in your form requesting the same?]

1. copy of signed letter of association

2. copy of signed consumer credit agreements

3. statement of account

4. any relevant correspondence *

 

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt payday loan

 

 

BOX D5 what has the claimant stated:*

I want the court to pay me the sum £

I want the court to order the respondent to pay me interest on that sum at the rate of 8% annually from the last date for service

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? after

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.* purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment?* no

Did you receive a Default Notice from the original creditor?* no but I moved house several times

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?* no

When was you last payment:- never

Why did you cease payments:-* debt piling up and unable to cope with stress or afford payments

 

Was there a dispute with the original creditor that remains unresolved?* Not sure what is meant?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a DMP no

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when did you take this loan out 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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So pre regulation...

 

Lets sort your claim out first but please when done have a read -

 

https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=70679

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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you mean you extended the loan and took out further monies

what do you mean by 4 parts?

 

explain 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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you mean you extended the loan and took out further monies

what do you mean by 4 parts?

 

explain please

 

Was it a loan that was constantly topped up by any chance? Or was it 4 loans with increasing value?

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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sorry this is important

4 sep loans as each was already paid off

or you topped up..

 

their particulars are wrong if so!

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

4 separate loans - 4 separate agreements. None paid off.

 

On the attached paperwork - the agreements - there is 4 separate lots and 4 balances but the front part - the simple procedure part - it's all put together as if it was 1 large loan.

 

Sorry if I'm not making sense.

Please bear with me.

As I said with my current state of mind what i say in my head makes sense to me and I apologise if I'm not very clear.

 

They all have separate agreement dates and are all within those 2 months.

Edited by dx100uk
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did you have other PDL's and a bucket full of defaulted debts on your credit file at this time 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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Share on other sites

follow and read upload

ONE multipage pdf only 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

you will be responding like this

https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-What-To-Do-Simple-Prodedure-Rule-Claims-Scotland

 

but not yet please

 

but get reading the attachments there please

 

we are investigating something relevant to your claim.

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

Yes

 

did you have other PDL's and a bucket full of defaulted debts on your credit file at this time too?

 

yes

 

Do you have any docs from the claimant at this point?

If so please can you post them up?

 

Only the ones attached to the simple procedure that came through my door. It says new address in front of it but I had no correspondence from them previous to that

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Plz go here - Start new thread on all PDLs and default and list everything. - We will need this later :)

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?228-PayDay-loans-and-Short-Term-loans-General

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Do you have any docs from the claimant at this point?

If so please can you post them up?

 

Only the simple procedure and credit agreements but can remove personal information and post them up once kids in bed (about 9ish)?

 

Plz go here - Start new thread on all PDLs and default and list everything. - We will need this later :)

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?228-PayDay-loans-and-Short-Term-loans-General

 

I'm not entirely sure of them all as some never caught up with me and some older ones have been wiped off.

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Only the simple procedure and credit agreements but can remove personal information and post them up once kids in bed (about 9ish)?

 

 

 

I'm not entirely sure of them all as some never caught up with me and some older ones have been wiped off.

 

Credit agreements and all docs should be good - Remove info.

 

Doesnt matter - I think we have got the thing that might help you but you need to post there about other loans etc... Do not be afraid...

We are here to help :)

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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we've been investigating things in the background

and sadly it looks like - specifically toward the debts this court claim refers too - IRL is of no use as litigation has already started .

and wont be any use after court either.

 

so, if I were to be honest, I can't meaningfully see any defence to the claim.

 

they have provided copies of all the agreements etc with the claim.

 

it might be that you have to be real here and look at a time order.

 

with the pack that you received with the SPC claim the time order paperwork should be included.

 

might be your best bet.

 

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

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