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Everything posted by Loser4u

  1. I would use them and send them a copy of them along with a summary log of when you contacted them by phone and letter and a brief outline detailing the contact type
  2. As Huff and Puff stated they will tell you black is white if it is of benefit to them. I would send them the telephone harrasment letter by recorded delivery. - See stickys at top of page There is also a letter on here about doorstep callers but they rarely send any. You could also send them a fomal letter of complaint and ask them for a copy of their complaints procdure. See below failing to recognise when a valid dispute has been raised. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/84273-oft-debt-collection-guidance.html
  3. If you have a uniform or workwear that is issued to you that you are required to wear and you are expected to clean these yourself then the cost of laundering these clothes is also tax deductable
  4. Had similar and it was down to their error. They settled on not making any future payments until the overpayments are cleared. - Will be in about another 2 years. Whenever you talk to them or reply to them keep pointing out that you informed them, it was their error and you don't have that sort of money available.
  5. Did you get any other documents with this such as your agreement, Notice of assignment if it has been assigned. Copies of statements or details of how the balance has been determined? You also probably want to have a read of this http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html
  6. Don't worry about them proceding this seems to be standard practice with them. They will continue to huff and puff right until the last minute. My defence was same as yours and was with A&L and Shoosmiths. They carried on right until the last moment despite them getting regular monthly payments. I didn't find out they had discontinued the case until the court letter arrived. A&L still haven't learnt as I received a new default notice since this, sent by normal post and still didn't allow the correct time including the time taken for service.
  7. Not a chance they should have carried on accepting the reduced payments and not tried to go for the court action This was my thinking Is it worth bothering to reply to the new DN. If I do it will be alongs the line of thanking them for the recent correspondance 1. however I would like a copy of the agreement this refers to as this account terminated when original default notice expired and they took the original court action or 2. Account satisfied as default notice invalid so only the amount of arrears at time of this default notice is due and payment in excess of this has been made. Point 2 was my original defence that they decided to discontinue on
  8. I had court action started on behalf of OC with an invalid default notice. I sent in my defence and they submitted their reply. Then right at the wire they wrote to the court to discontinue all of the claim. (I have a copy of the notice of discontinuance and the original default notice.) They have since wrote to me to request payments and I pointed out their balance is incorrect as they terminated the account with an invalid default notice. The balance due is the amount of arrears at the time the default was issued not the amount they quoted and this amount has now been paid. So they have decided a new tack now of issuing a new defult notice for the full arrears outstanding - had they not sent an invalid default notice. Am I right that the court action is proof of termination of the account? No termination letter was ever sent.
  9. You could always ask them what information has changed since the previous DCA dropped their court case
  10. Yes and also do a CCA request either as part of the SAR or seperately by recorded delivery Once you ask for the CCA if they don't provide it within 12+2 days you can then send the account in dispute letter until such time as they do provide it. If they do supply it post it on here minus personnel info and ask for help as to enforceability.
  11. No I was able to prove they couldn't enforce it due to the missing prescribed terms and a default notice which didn't take into account the time taken to serve. The debt isn't enforcable and I'm using this to negotiate a reduced settlement on my terms or they get nothing. I didn't find out about the agreement or the default notice until after I SAR'd them. They didn't send all the info the first time and I kept having to remind them about what was missing. I didn't do any of this until after 1st crud had issued an SD which then led me to find this site but since then have gone after my other alleged debts before they have come after me. 1st Crud/BCard & A&L - They have both given up their court cases. Halifax have run out of DCA's to ask and disappear when challenged HSBC they have given up for the time being
  12. Catch 22 if you don't contact 1st crud they will continue with threats and may chance going for a court judgement on the grounds they think you won't contest. If you do they won't go away easily until you can prove the debt is uneforcable by one way or another I would SAR Lloyds as they will have sold it on which more than likely means something is missing from enforcing this. If not they would have first got one of the others to try collecting on their behalf. I don't know about Lloyds but when Barclaycard sold mine on their was nothing in my file from BCard to me to say they had assigned this to 1st Crud and despite my requests to 1st and others thay haven't been able to provide it.
  13. Were any of the letters you sent by recorded delivery or do you have proof of posting for any of them? If not send a letter of complaint with copies of all your other letters to them by recorded delivery and address it to their complaints department.
  14. All over now I got a letter of discontinuation from Shoos after chasing them up. This was sent a couple of months ago to the court but not me Have checked it is validity with the court and they have confirmed the status of this case. I think the next step is to SAR Shoosmiths and then follow this with a complaint as to why they didn't send to me when they have said they sent to all parties on the discontinuation form. After Ihave failed to get a satisfactory response to my complaint from Shoos, who is next in the complaints process that would cause them the most pain and or difficulty?
  15. If they are not sure of their case they will push for you to sign the consent order. They aren't worried about saving you money or costs its whatever they think is easiest for them to get the result they want.
  16. Unfortunately this is normal behaviour for them and other DCA's They get a lot of leniency in meeting time schedules and we get none
  17. Update Court ordered Shoosmiths to file AQ pay fee within 7 days from service of order. They did but only just - have sent their own draft directions and claim is now stayed for a month to allow settlement to be reached. I sent a letter about 2 weeks ago by recorded delivery thanking them for their AQ and said I would be looking forward to their proposal fro reaching a settlement. I know the letter has been delivered but have yet to receive anyhing from them. Do I need to follow this up with a further letter detailing the last bit from above and copy the court to show I am trying and they aren't. Any idea of how much their real costs are likely to be as their estimate is over £8k
  18. I raised a formal complaint and then kept complaining that they weren't supplying all the data requested under a SAR. I quoted the money laundering legislation to them that and threatened to report them to the appropriate authorities if they still failed to send my agreement. I got a reply within a week to say the information was being processed and would be with me within the next 14 days. One big package arrived 10 days later that I had to sign for. Not only did it have my agreement but also a complete log of all correspondance from both them and me. Including all my letters that Mercers never received. All the phone calls they had made even though I told them written communication only and sent them the telephone harrasament letter. They had already sold the debt on at this stage and 1st credit Stat demand had been dismissed
  19. You may get more responses to this if you ask a mod to move this to the General Debt Issues section
  20. I would try and send everything by recorded delivery as they will deny receiving it and you may need the proof at a later stage If you look in the stickys at the top of the General Debt Issues pages there is a one called is my agreement enforcable. This will give you a guide but for the best advice I would recomend you scan it in minus all personnel info and ask for it to be checked. I started by sending out the Account in Dispute letter, stopped making payments and then sat back and waited. Once the account was passed onto another DCA I made a formal complaint to both.
  21. Did you send the requests by recorded delivery ? If so you need to send them Account in Dispute letter again be recorded delivery. See the link below for this http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/168619-barclaycard-cca-response.html?highlight=CCA+default They only sent me mine after SAR request and a threat to report them for failing to comply with the money laundering rules. As soon as I got it I knew why they didn't want to send it as no prescribed terms and completely unenforceable
  22. They issue these notes like confetti have a search on here for Stat demand. As advised send them a CCA request by recorded delivery, special delivery if you can afford it. If they do issue a stat demand their are plenty of people on here to help you get it set aside and maybe even get your costs back from them for your time. CAG helped me with mine and they have gone away with no contact now for about 9 months.
  23. How does the new DCA prove the balance when no assignment notice from the OC and I have some nice statements showing a zero balance?
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