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elrib

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Everything posted by elrib

  1. Hi Kurvaface It has no ppi but as for charges not sure, the loan was taken out in 2004, There is very little documents. Also the amount for the loan is also the same amount on a HP agreement she had with them 5 years prior to this loan, which was all paid off, so it seems thats where the figures may have come from, but the judge seem to not take note of that, even when she produced the old HP agreement. E.
  2. Hi My sister inlaw was taken to court by a dca that had bought her debt. The only evidence the dca had was a photo copy of a agreement which had what looked like her signature on it, and the fact that she had paid some payments on the loan. Also the dca witness statment stated there must be a original somewhere but did not produce one. Her defence in brief was she never sign any agreement which she did not. the amount on the agreement was not correct as the loan she had was for 4 or 4,500 pounds, the amount on the agreement was for £6,432.21p. (this was the actual amount of loan before any chargers or interest) strange amount for a loan. The judge seem to have been one sided and was putting all the pressure on her to prove her case where he should have been making the dca prove their case. The judge also took note that she say she did not sign the agreement and if she did,t then that would mean a fraud had taken place and did she want to say that this was a fraud as this would then involved the police and could have serious consequences for her. This got her worried and she backed off from saying it must be fraud, as she know it must have been as she did not sign it also the original lender told her by phone thet there was no original agreement. Thats it in a nutshell, the judge also refuse her to appeal. Its now over 8 weeks and not sure if she can do anything about it now. May be report it to the police. Any thoughts, E.
  3. hi bazooka boo Not sure what I will do as yet may just report it OFT. and just see what delight they send next. E.
  4. capqeust threat.doc Hi All would like some input into this letter from Cap-pat, This is the second letter first one just said, this debt has been referred to them by the QC sent one back ie Who are U. Then got this one which I think could be banging on the doors of CPUTR 2008. any thoughts on best way to send reply. Thanks Elrib.
  5. HI All Do anyone know when the 7 days was change to 14 days as I read somewhere that this took place prior to 2006. thanks
  6. Citizen b Thank u for that, That will do it, in court end of oct will update on outcome. el
  7. hi onmyway out that was part of the witness statement which has been sent to the court, also included a few comments about internet sites, does anyone know if it is document somewhere to say that the 2006 amendments can not be inforced prior to that date. e
  8. Hi undercove-elsa thanks for your info, the agreement was 2004, e
  9. Hi All Does anyone know if the s127(3) has been repealed by the 2006 amendments to the act, and what this would mean. I have a ongoing case where this is part of my defence as they do not have a signed agreement. and the claimant are saying that as this was repealed that it would be up to the court to determine if a agreement was signed. Thank for any help. E
  10. I have read it too, but had lots of wine since then, Anyway if anyone knows where it can be found would be very thankfull.
  11. So if the debt has beed sold to a DCA with a faulty DN, Do I write to them now and tell them that they now can not enforce the agreement and may only be entiled to the arrears at the time the default was issused, or is it best to keep it until it gets into Court. E.
  12. If the OC sold the debt on, is there a Act or case which could be produce in court to show that they can only claim the arrears, As I sure a judge would not just take my word. E.
  13. is there a act or case study that one could use as an example of a faulty default, I am sure I read somthing on this site but not sure where to fine it. E.
  14. Hi Rockwell The DN sent only gives me about 10 days to fix and then I have a letter terminating the agrement, after that, debt was sold. Not going to let them know this but not sure how to use it against them if it gets that far. E.
  15. Hi Boo The debt was sold to Asset link in 2009 well after the default notice. it had been with a few DCA in the mean time. I have had letter from Link to inform me that they bought the debt. E.
  16. 6th july default by origainal lender, GE Money.
  17. Looking through the paperwork this has been sold to Asset Link. Not sure of the date received but would have been 1 or 2 days after the date on Notice. E.
  18. hi Its for a Loan taken out in late 2005. The default Notice is for arrears. Dated the 4th july remedy by the 18th july, and then letter dated the 19th. Headed, Notice Of Termination. You have disregarded our previous notice of default and as a consequence we give you notice that we hereby terminate the hiring and the agreement forthwith. This has been around the block abit with other DCA. E
  19. Hi All Have a default notice can this be used in a defence. Date served, 4th july 2008 Remedy by, 18 july 2008. Notice of termination 19 july 2008. Thanks for any help.
  20. Hi Guys Had this latest form from court but not sure how to reply to Notice. Elrib. 26-06-2011 17;32;43.pdf
  21. As AK are now asking for payment, would it be best if I send them a Questionable agreement letter, The only thing I have had with relation to them puchasing the debt is a letter from them and a letter came with it from so call Egg. Am I right that I should of had a N.O.A letter from Egg in the right format. It also state in their letter that interest will be applied till I agree a payment plan, Again can they do this as the agreement was terminated by EGG.. E.
  22. I also belive that there should be a right to cancel box, If there are parts missing does that still mean that they have ment their obligations under the Consumer Credit Act 1974, by sending this. E.
  23. Thanks DonkeyB I do have all the original agreement not sign, so not sure if thats strong enough, also what would it intail to get a strike out.
  24. There are some T & C which are just typed on plane paper, which has the same info which is on the agreement. nothing to ref them to this agreement or agreement to them. The letter which came with stated the following. Document A - A copy of your original agreement which contains the original interest rates. Document B - Your current terms and conditions. Thanks for your help and input Formister. Elrib.
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