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    dx100uk

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Popular Content

Showing content with the highest reputation on 10/07/19 in all areas

  1. 2 points
    The people who give their time freely do not deserve to be abused by ignorant posters who only provide the minimum information and get the hump if they are asked to provide more facts..They are not "mind readers so I suggest you put or shut up
  2. 1 point
    Pointless worrying, they will just take a small amount from your current award anyway, you will hardly notice it.
  3. 1 point
    that will do and the bit there about paperwork already.
  4. 1 point
    the debt is solely made of monthly sums till the end of a contract which I did not and could not utilise as the provider had already terminated the connection
  5. 1 point
  6. 1 point
    So frustrating. I estimate about £20k in charges and interest in those ‘missing statements’
  7. 1 point
    I expect it was just a tactic to make it look as if they were willing and also to test your resolve.
  8. 1 point
    Ok update. I called the mediation hotline to book the mediation session and it’s a no go. Although Barclays asked for it to go to mediation. They just declined and asked to proceed to court.
  9. 1 point
    don't bother negotiating theres little if anything they can do. its nice you are paying it off, but do not short change yourself. many don't bother as the debts will be inflated by bogus charges.and never be gone I bet just pay what you think you owe then drop it totally
  10. 1 point
    you called moorcrofts letter a Notice Of Assignment it not doesn't say that at all. OC's don't do court no. dx
  11. 1 point
    @dx100uk, @brassnecked Yes. As per the advice on other threads, gladdies copy did NOT have my email address, phone number or signature. They have already tried their email trick (see posts #56-62) and have been told to use (royal) mail for service of documents and that future emails will be blocked. --skeet23
  12. 1 point
    Thank you Andy. I am still waiting for their witness statement. Nothing so far. 2 copies of witness statements with exhibits ready to post. 1 to court ( will drop of in person ) 1 to PRA once again thank you Andy for all the assistance & advice
  13. 1 point
    · The Demand/Termination Notice (Notice served under section 76(1) and 98(1) of the CCA 1974. Thats for overdrafts Tbirdo so I have removed it from the above. 4. I had been paying regular monthly payments via a debt management company (************) up until xx/xx/2018, I ceased payments once I realised that I was being charged a fee to use they services. Does not require that information your not claiming it is statute barred ... irrelevant ... removed. Just a few typos and misconceptions removed...please check the above now. Andy
  14. 1 point
    1ST draft witness statement. all advice appreciated In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary. 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. It is accepted that I have in the past had financial dealings with Barclaycard. That being a Credit card Agreement, of which I have never had a credit limit to the value the claimant purports to be allegedly outstanding. I do not recall the precise details of the agreements but do recall it was on or about the year 2008. 4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to. 6. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount. (EXHIBIT 1) 7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 02/11/2018. I made a request for the following documents: · A copy of the Default Notice · A copy of the Notice of assignment · A complete set of statements detailing exactly how the debt has accrued detailing · All transactions · Any additional charges applied since the account was terminated · Details of all contractual interest added by whom and on what date. · A statement of all payments received. The claimant to date has failed to comply to my request. (EXHIBIT 2) 8. A Section 78 request was sent on 28/01/2018 via royal mail signed for and shows as received 29/01/2018. The claimant has acknowledged the request by letter, but to date has failed to comply to my Section 78 request. 9 .On the 17/01/2018 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request. (EXHIBIT 3) 9. A CPR 31.14 request was sent 28/01/2018 via Royal Mail signed for and shows as received 29/01/2018. A Request for the following documents was made: · A full set of terms & Conditions · Notices of sums in arrears under running account credit CCA 2006 sec 86C. · Notice of Assignment · A Statement of account The claimant to date has failed to comply and disclose any documents. Conclusion To date no Default Notice has been produced, no Notices of Sums in arrears have been produced, No Notice of Assignment has ever been received, and to date no statement of account has been produced. The claimant has yet to comply to my Section 78 request with regard to clarity of a valid agreement, as yet I have never received an original or seen a copy of a valid agreement thus remaining in Default and therefore prevented from enforcing the agreement until such time it can comply. The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant. Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process.It would be far gracious and forthright for the claimant to admit that they do not have possession of any valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on. Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. I believe that the facts stated in the witness statement are true. Signed…………………………. Dated……………………………
  15. 1 point
    You always ignore a dca Do not ever engage At you door On the phone By email Leave my property Do not return Else ill call police 101
  16. 1 point
    Yeh that's who it was, he asked for proof of name i gave ect told him to write if want any Information, Should I just ignore ...
  17. 1 point
    Just had a knock on the door from a man from a company called EVOLVE asking to speak to myself ? Obviously sent him packing and didnt give the name he was asking for, he went around to neighbour's house's asking if knew who lived at my address...
  18. 1 point
  19. 1 point
    Bit of a update, received letter from Mortimer asking to call and discuss repayment plan within 7 days, or a field agent would be calling to have a discussion in relation to my financial situation and trying to sort payment plan out..
  20. 1 point
    Let it run Least of your worries
  21. 1 point
    Yep, get a crime number and let employer know that you have done so and have a word with whoever is in charge of the CCTV data that you have done this and want the footage kept as potential evidence. They are not obliged to but it would make it harder to defnd their actions and at a pinch get them a warning from the police about failing to help an officer in the execution of his duties by deliberately destroying evidence of a crime. Mind you, do ordinary police officers investigate crimes any more?
  22. 1 point
    IMO you need to submit a formal written complaint stating that you did not violate company policy and therefore they were incorrect in deducting the cost of the phone from your pay. Provide a copy of the company fire drill policy and ask them to show where in the policy it states that small items are not classed as personal items under the policy. Also, as the phone was left on company property ask them where in the company policies it shows that the company is not liable or responsible for the loss of the phone as you hold the company liable for the loss due to them not securing the office and allowing the theft of phone. Inform them that you require payment of the £300 within 14 days or you will consider your legal options.
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