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fletch70 last won the day on October 17 2019

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  1. Did you ever receive a letter of claim which is several sheets and asks you to say if you admit, deny the debt etc. So often claims can be seen off if you answer these correctly . I know that doesn't help you at the moment. Once more details are known more help can be given , for example sending a CCA request and a CPR 31.14 request for documents mentioned in the particulars of claim (such as the default notice).
  2. It came from another forum and the website of a solicitor advocate . I think the key point is the name of the entity that owns the debt so for example Intrum UK Limited is not the same as Intrum UK Finance Limited . It was noticeable that the case was not appealed.
  3. It was the way you wrote which was very similar to a linked in post hence my thought you had read the post. As HHJ Walden-Smith was sitting as a circuit judge , you would hope her decision would be more persuasive than a DJ or DDJ.
  4. Very true Andy. Glad to see you read the post about it. I wasn't saying a case had been won on it but the protection supplied by S78 was available for overdrafts and that the old arguments as given by Dx were no longer entirely accurate. Therefore there may be a point in sending S78 requests to overdrafts
  5. Just to be factually correct HHJ Walden-Smith did say that current accounts were subject to S78 and therefore if the creditor did not comply the account would be UE as per S78(6) CCA. I suppose it depends if you want to run the unenforecability argument and try not to get a claim or even a letter of claim or feel you have a strong enough case to defend if a claim lands on your doormat. I personally favour the former as getting a letter of claim and/or a claim form is really rather stressful.
  6. Just for the record , under certain circumstances, overdrafts do now fall under the CCA and you can send CCA requests- there is case law MFS Portfolio Limited v Phelan & West. However, most debt purchasers don't actually realise that. In my experience, RBS/Natwest are reluctant to sell on debts that are being paid- they didn't sell mine for a long time and when they did to Cabot , Cabot were unable to find the agreement.
  7. There are lots of ways to deal with debt but before you start looking at advice think about where that advice is coming from Stepchange are essentially funded by the banks so it is in their funders interests to get you to pay back. This is in the same way that gam care is funded by the gambling industry and talk about 'responsible gambling'. For most of us there is no such thing as responsible gambling. CAB are only as good as the advisors , the same can be said for internet websites. Many of those are set up by companies who offer services where you have to pay - there are some like this one and others who do not. I didn't get into debt on purpose, it kinda happened. By the end of it I had 50K of debts and nothing to show for it. I followed the unenforceability route before it was fashionable (people were saying using paperwork errors did not work but it did ). I am now debt free. I don't feel guilty - I had so much debt yet they fell over themselves to lend me more As for bank accounts I have several, some of which I really should close but two of them offer fee free transactions in Europe and another came with a fee free credit card (for overseas purchases) with an APR of 9.9%. So now my money gets paid into my B account , each week I transfer spends into ny Starling account . All I have now is 60K of student debt that is very unlikely ever to be repaid
  8. Sorry my mistake I was thinking of another firm beginning with I . I know 1st credit quite well, they were persistent little beggers but that one is long since SB
  9. Are Intrum FCA authorised ? This is a post from a solicitors website Essentially , if a claimant is not FCA authorised they can not bring a claim - I am told there is some case law with regard to. Intrum
  10. My view is it happens and it is how they deal with it that matters. I have used ASDA, Tesco and Sainsbury for deliveries based usually on who has slots available. Non have been perfect but all have refunded for errors. During the first lockdown ASDA would not take substitutions back but would refund if they were unacceptable . Just check the delivery off and contact them if there is a problem However I have found Morrisons customer service to be less than stellar.
  11. I think there might be a difference between means tested benefits and other welfare payments. However unless either you agree, or a court orders then no payments can be forced.
  12. Not the first company to be working from home. My payroll department now send out payslips electronically. Mind you I would give them what they ask for, at the moment it is unenforceable
  13. Sorry I can’t read it all properly but If it was unenforceable then, why would you send another cca? Of course if it was enforceable then yes send another. Do you have a Default Notice? I had a vanquis card from those days and Lowell closed the account although the agreement looked good( but the DN was bad).
  14. I couldn't agree more- I was just trying to offer an explanation as to why they thought there were extra costs
  15. I think they said they were going after costs because of the non existent defence but of course they would say that wouldn't they. I suppose they will have to do something about the 'typo' on the DN
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