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Everything posted by Andyorch

  1. Yes we know all about DCAs and their practices...thats was why the Consumer Action Group was created. Andy
  2. What's your minimum monthly contract payment at the moment ?
  3. A Warrant of Control...not a charging order...used to execute the CCJ. Andy
  4. Its called pass the parcel.....have you ever requested a copy of this agreement?...whats the age of the agreement ? Make sure all your payments are accounted for from 2006 ...because when a debt undergoes multiple assignment,...the record payment does not normally follow nor accounted for. Andy
  5. Thats what you may receive...only the person that instructed the electrician would receive the EC
  6. Electrical certificate or a EICR (Electrical Installation Condition Report) ?
  7. Not really new was introduced in Sept 2018...... persistent debt for 18+ months... lenders must contact customers, prompt them to change their repayment and warn their card may be suspended if they follow the same repayment pattern. They must refer to any debt advice available. persistent debt for 27+ months... They will be sent a reminder of the information above. persistent debt for 36+ months... lenders must offer customers a reasonable way to repay their balance. If customers are unable to pay, the FCA says the firm must show 'forbearance' and may have to reduce, waive or cancel any interest, fees or charges. https://www.fca.org.uk/news/press-releases/new-credit-card-rules-introduced-fca Andy
  8. Yes if its undefended and your unaware of the claim...simply rubber stamped by the court..default judgment.
  9. It states in your directions...each party must file and serve (file with the court and serve on the other party) by the dates stated.
  10. Thats a copy to the court and the claimants solicitor ?
  11. Okay its a witness statement not a defence..heading should be Witness statement and in support of your defence date Aug 2019 not Jan 2020.The claimants claim was dated Aug 2019 not Aug 2020. I would add a paragraph after your point 1 that you apologise in advance for late filing and serving and respectfully request the court allow leniency given that you are a litigant in person and was not sure of the procedure. I would remove " Paragraph 28 states the Agreement were duly assigned from the originating creditor on December 9th 2016, how can the originator sell an agreement that was never entered into." The debt can still be assigned..the fact that its not yours is irrelevant...that between the assignor PE and Prac I think you should include the following point as it cast doubt on the whole claim.... "As far as your aware payment was never requested or the amount deposited.....Lloyds did not inform you of a payment being refused nor did Payday Express inform you that they couldn't collect which would seem highly improbable of them". Andy
  12. I would be starting by sending Plusnet a SAR and gather all your data......one DD for two accounts...alarm bells ringing. Andy
  13. Its easier if you wait until you get the claimant's statement...then you can use this as a guide on the points they will rely on and then simply respond by refuting or agreeing or offering alternative argument. Problem is they tend to leave it to the death and you dont have time..or they wait for yours first then counter your points.If they fail to serve a statement at all then thats a good sign that they are getting ready to discontinue the claim.... Here is an example...and I stress example ....no use to you apart from showing you the usual layout into and conclusion. Witness statement Lob.pdf
  14. Being unemployed may be a factor as they granted an alleged PDL..illness not so.
  15. Respond to their numbers...... Here is a exampleWitness statement Lob.pdf defendant statement...you can use the opening and closing paragraphs if you wish
  16. I would get onto drafting your statement now...using the claimants statement as a layout and guide and refute each paragraph and the reasons we have discussed ...you statement should have been served last week and you only have 4 days to your hearing...you may be barred from using it if its too late.
  17. A further valid point which you can add and adapt to my last post...then use that as your statement. With regards to on line application in their statement I have posted the section above re " typing your surname and date " you give the necessary consent to be bound by the terms and conditions.Well you dont ...you also have to tick the tick box which creates a digital signature...none of which is on the alleged application they disclose and rely on.
  18. Not really a risk more of an oversight because throughout this claim you have stated you have never held a Cap One Credit Card.....now you find you did...but it helps prove thats theirs cant be valid because you would not have 2 credit agreements with Cap 1 unless one was for a Luma brand. If your numbers in the screenshot are different to the ones they are quoting in this claim (they have given an account number ?) then yes it would be useful. This is not about avoiding paying any debt its about proving to the court how DCAs are manufacturing documents to fit their claims.
  19. Thread moved to Financial Legal Issues Forum.Please continue to post here to your thread. Please read the following link and the copy and paste the Q,s and your responses back here for further advice. Andy
  20. Well these are the types of questions that will be put to you Lotty in court so if you dont have your ducks in line.....there's no hope. This is how the scenario roles out as I read it up to now....... On 9th August 2013 someone made an application for a payday loan to Payday Express using your name address (at that time) and your joint bank account details at the time. lloyds account number xxxxxxxxxxx sort number xxxxxxxx. This bank account was closed in 2010 when you split from your hubby...but was still active 2013 till 2010.The loan was approved and deposited into said account allegedly on the provision of the bank account details being confirmed and the debit card pertaining to this account authorising continuous payment authority as security. The loan was for a period of 27 days and the amount advanced was £225 (although the WS states £200.00 ) with a total repayment of £258.00 to be repaid by the 6th Sept 2013 As at 15th October 2013. the agreement was terminated with a balance of £349.00.A default note was issued 6th Oct 2013 by Payday Express .....a further default notice was issued by Prac 15th Dec 2017 although Im unsure why as the agreement had already been terminated as of 15th Oct 2013. As far as your aware payment was never requested or the amount deposited.....Lloyds did not inform you of a payment being refused nor did Payday Express inform you that they couldn't collect which would seem highly improbable of them.
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