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Just over 5k going on the S69 interest

Think you will find that as the DCA are now the owner of the debts, they have merely changed the name on the default notice. The date of the default will still be the same.

Few, nice when people agree I think thats why its been allocated 15 mins. The judge knows its in and out.

Hi Ive just read your thread as I love success stories but obviously this has a kick What I would ask is this; If they claim they didnt know of the hearing hence no attendance, why did they send in a court bundle. It would seem they were aware of the hearing date therefore. It, IMO, is hardly your fault then that anything subsequent hasnt been managed by the solicitors

May I ask, are you saying in 4 and a half years, no letter addressed to your mother has arrived at your house from SW, Debt Collectors and you havent received any claim form nor order of judgement?

Thanks for that

Need a tad of advice. I cant really explain in depth but please pass advice on what I have written. We purchased an item at a specialist Auction, only selling these items. There was a 15 day warranty on the item that said, if the Item did "*****" then the good would be refunded. We were able to test the item on Day 9 and we were unsure if the item had "*****" so we arranged a test again on Day 12. In transport to be tested, the vehicle was faulty so we had to cancel and the next opportunity to test was day 16. We tested on day 16 and it was confirmed that the item had "*****" We contacted the vendor and they said, "Tough, you had 15 days and its up" The item now is not fit for purpose and deem so by an independant expert who both parties agreed to abide by.

Drowining Not being funny but this isnt a credit agreement so the CCA is irrelevant. You havent paid, so you have defaulted in your agreement. Like I said, and what askon says, this has no relevance to the CCA

Yes completely agree. I have 3 dogs. 1 Labrador and 2 retired greyhounds and the sign on my house says, Caution, Dogs Roaming.

Why not just let them come with out the warrant of entry. All they want to do is fit a pre payment meter so it will save you a few quid in the costs incurred for courtt if nothing else

Just to add Andyorch, the claimant IE the Funeral Home has not issued me with a Letter Before Action, the Debt Collectors have however, the claim was then raised in the Funeral Homes name.

Thanks for the reply Andy The order says stay of execution but I did apply for a set aside and added the stay of execution over the phone as when I submitted the forms, I didnt know that the HCEO had been instructed. They are saying that there is no credit as it is an unpaid bill so they (The DCA) dont need to be registered.

Its for an unpaid funeral bill. When my father passed away, I went to the funeral director as my wifes cousin worked there. However they decided to pursue me despite me and my 2 siblings being present. Then my mother passed away 4 months later and there was still an amount outstanding. They had my mum and made me pay the whole lot for her funeral upfront. So that got my back up. I did however sign a contract for my mum, but not my dad. The debt collector phone the probate solicitor (For my mum by the way as my dads estate went to my mum) and told him there was a bill to be paid even though he was dealing with mums estate. I told the Debt collector at the time, 1 Your not licensed, 2 Theres no contract, 3 Without prejudice to 2 if their was a contract theirs no provision for the funeral director to pass the debt on to a third party and if you do sue, I will counter claim for damamges and breach of DPA by both parties. Didnt hear a thing for 5 month until the summons

Just as a side, one of the points for having the judgement set aside was that the Sect 69 interest was way wrong in the claimants favour

Hi I have received the following reply from Trading Standards. Can anyone confirm. Surly if your collecting a debt, whether Credit Agreement or not, you need to be licensed. I wrote to &&& &&& &&& Ltd last week and have today spoken to the company. They have advised me that the debt they are collecting is not a consumer credit debt within the scope of the Consumer Credit Act. The licensing requirements only apply to collection of consumer credit debt and I am given to understand that this debt was not the subject of a consumer credit agreement but rather is an unpaid bill. There is, therefore, no legal requirement for the trader to be licenced to collect a debt of this nature althought they will be covered by other legislation that regulates debt colletion. If you feel that there are any issues other than the licencing issue, which I have clarified, you would need to go back to Consumer Direct and explain any concerns you may have regarding collection of the debt and they will advise you accordingly. Thank you for raising this matter with the authority. Any thoughts as I think the DC may have told them what they wanted them to hear

As you have the original letter that stated he would try again on 24th to serve, they cant really set the clock from the 12th as they have admitted that they have been unable to contact you.

Not sure but I would imaginse they can only charge you interest from when they bought the title, not from its inception

Maybe they have got one but has it been executed correctly.

Hang on Before they can get a charging order there needs to be a CCJ which you havent said there is.

The claimant is listed as the original creditor. However, on the reverse it says ion the N1 payments to be made to the debt collector yet. The debt collector is the person who has been instructing the HCEO as I have seen the correspondence from them with the HCEO

Donkey B, could you advise what point of law. I dont mind researching put a point in the right direction would be great. Thanks

Brilliant. Sorry, HCEO meant High Court Enforcement Officer I have an email from Trading Standards confirming that they are not licensed, nor are any of the companies directors and they are being told to cease any debt collecting activities until such time as they are licensed

Yeh, it will cost you £15 I think/

Again, following up on the Conduct of Litigation. Conduct of litigation 4 (1) The “conduct of litigation” means— (a) the issuing of proceedings before any court in England and Wales, (b) the commencement, prosecution and defence of such proceedings, and © the performance of any ancillary functions in relation to such proceedings (such as entering appearances to actions). (2) But the “conduct of litigation” does not include any activity within paragraphs (a) to © of sub-paragraph (1), in relation to any particular court or in relation to any particular proceedings, if immediately before the appointed day no restriction was placed on the persons entitled to carry on that activity. So in 4(1)(b) where they have instructed HCEO and written to them, this is an offence is it not?