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AndyOrch

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AndyOrch last won the day on June 28

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  1. https://www.fca.org.uk/news/press-releases/fca-publishes-woolard-review-unsecured-credit-market https://www.cliftonpf.co.uk/blog/05042023094409-unregulated-bridging-loans/
  2. Firms and individuals must be authorised by the Financial Conduct Authority ( FCA ) to carry out regulated financial service activities and offer credit to consumers and likely to need a consumer credit licence if their business: sells on credit. hires or leases out goods for more than three months. lends money. https://www.fca.org.uk/firms/consumer-credit
  3. This has come up before and is correct. Andy
  4. Mmm whilst the jury is out on that one I would say possibly given that that the female may be regarded as a softer target than the male with a higher moral threshold than male. Having said that though in the main DCAs are not particular anything with a heartbeat is fair game. With regards to your quote Pre Action Protocol does not involve and litigation so no applications need to be made (given that that no actual claim as yet been made) They have the standard 30 days ( 12 plus postage for the CCA) to comply with PAP so the quote is a little litigation gibberish to get the heart racing. It would help us if you would name the DCA then we can check where on our numpty league chart is positioned although we could possibly narrow it down to 2/3 Andy
  5. Well anyone who issues a court claim against you has the higher ground and power Beit a DCA or even the Milkman. With regards to never paying a DCA well I agree but only after I had done the relevant ground work ....Notice of Assignment/ CCA request/etc and whether there was a dispute with the original creditor and of course which DCA if they are litigious.
  6. Afraid so particularly with newer agreements but they will always have to provide the relevant documents pursuant to the CCA1974 and of course comply with the court process on time.(CPR)
  7. Or no Default Notice or none compliance to a section 78 request...along with the claimant not complying with the court process on time. Initially defending a claim from a DCA is very much testing the water to see if they can legally enforce the agreement and have the relevant paperwork to substantiate their claim. Of course if you have a genuine dispute as to why you feel your not liable for the debt..that always helps any defence
  8. Weak, the copy or original agreement does not need to contain the IP signature of consent. NOSIA is only required on a live accounts from the original creditor not an assignee after default.. NOA is very rarely questioned by judges. Saying that there is no legal requirement to supply personal financial details but you could respond by stating your open to some settlement agreement by way of a monthly affordable payment plan ...but you set that not them. If you can come to some agreement then that puts you back to were you was before issuance of the claim form. But its your decision.
  9. Its also offering you the opportunity to settle in mediation should you wish to enter a payment plan rather than plucking figures from the air on the day.....thats if you wish to settle. If they have provided all the relevant paperwork does your defence still stand up ? Andy
  10. But you will have by the time you get their next letter...unless your planning to keep paying ?
  11. Yep " you have broken your payment plan but so did we, we were not content with what you was paying so we tried to squeeze more " So now they get zilch.
  12. They wont come back with anything virtually impossible to get a copy of the overdraft agreement from that far back...assuming you even signed one.
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