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moelwyn

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About moelwyn

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  1. Dx100UK How do you know it never hurt anyone? I choose to keep my nuts to myself. Thankyou Andyorch for your help. The DCA has mixed up account numbers on the attached statements.
  2. I don't know what a secret squirrel is. What difference does it make what topic it concerns? A knowledgable answer to my question is all I have asked for. If anyone knows the law could you please advise? Thanks
  3. Hi The DCA taking me to court - small claims - has supplied their "bundle", and I have found a error in my favour - am I obligated to inform the court before the hearing, or can I keep it secret until the day? I am afraid to inform the DCA in case they correct the error. What do you think?
  4. What documents in total do there have to be? There is no default notice, in fact they state that & have sent a computer screen printout saying this is what it would have looked like. They have sent a bundle of statements purporting to be from the original creditor, but there is no indication of who they are from - no business name or address. There is a letter of assignment from the DCA. There is a partly legible copy of a credit agreement that has the wrong phone number & occupation. What else can we legally ask for? And what of the above documents counts in their favour? Thanks!
  5. Thank you very much for your reply. Does this mean that there would be a letter of assignment from the original creditor, and that the DCA would have to produce this letter? I quote section 136 "Any absolute assignment under the hand of the assignor....of which express notice in writing has been given to the debtor..." - this appears to say that it must be the assignor who informs the debtor in writing - do I understand this correctly? Many thanks.
  6. I dont know what secret squirrel means. I would prefer not to put the details on the WEB. According to the DCAs all the template letters are "garbage"and yet using the "letters" I have stopped 2 CC actions and deterred 2 other DCAs. This last case seems to be different and I am trying to determine why. Could anyone answer the question I have asked above without preconditions? Thanks to all
  7. Hi dx I am just a bit wary of filing information on the internet just yet. Would you help me out with a few answers first. How do i know the debt has been legally assigned to the DCA without some sort of confirmation? The DCA has given me a letter from themselves claiming ownership of the debt, but nothing from an original creditor to confirm. They have also supplied statements which they allege are from the original creditor but there are no details of who the creditor is on these statements, just photocopied papers with figures on them.
  8. Thanks for reply dx Should I have a default notice and a notice of assignment from the original creditor? The DCA has not supplied a copy of a default notice. They claim not to have one.
  9. Dont understand what you mean, could you clarify?
  10. DCA started court proceedings on 2 issues, both roughly the same amount. I asked for the necessary documents, etc. The first case was struck out because the DCA didn't pay the fee, the DCA also wrote and informed me that the debt was discontinued. The second, with the same DCA, has continued, I presume they paid the fee. Small claims hearing in April. The claim will be statute barred in a few days, but I notice the statute barred clock stops only if the party who legally owned the debt starts the court procedings, not necessarily the DCA. I wondered if Deed was the same as notice of assignment and if the DCA have the legal right to the debt. i.e. are they the legal owners? Hope this makes sense.
  11. Thanks for the replies. Can anyone tell me the difference between Deed of assignment and notice of assignment?
  12. Can anyone advise? If a County court summons has been issued, and the date set for a hearing. Can the case still become statute barred if the time limit i.e. 6 years occurs during the above procedure. Or does the court action negate the statute?
  13. I see! Thanks again - that confused me, as I assumed it was in answer to my letters, but didn't appear relevant!!
  14. Thanks for that I had a "Statement of Account" from LINK today, which doesn't seem to be relevant to anything - it has my name and address on it, has the heading "statement of account", and then "Loan Agreement under Account Number ......", "Our reference (a Link reference)......", "Statement period (from when LINK became involved)....." It goes then to list a load of payments of interest, lfb1 (?), more interest etc - all these amounts are ONLY to do with LINK - the only amount prior to that (presumably) is the amount they list as "balance brought forward". Underneath is: "Notice of Sums in Arrears - This notice is given in compliance with the Consumer Credit Act 1974 because you are in arrears with your payments under this agreement." It lists then an amount as "balance" and another as "arrears on balance". "The current arrears represents the outstanding balance as you have failed to maintain payments in accordance with the terms of the original agreement so the full amount has become due." Nowhere does it mention any agreement between me and Barclaycard - or have any statement of account for this prior period, which is what I requested. Nor is there anything to demonstrate any association between me and this "debt". My intent is to write back to them saying that they have not supplied what I have asked for in my letter, which are 1. A true copy of the Credit Agreement 2. The Assignment 3. The default notice 4. The termination notice (if applicable) 5. Statement of Account And to request all the same items again. I would be grateful for your comments. THANKS!!
  15. Hi - I have an Experian search of my credit reference, and I have a default against me with LINK - can I do something towards having this removed from my credit record? Thanks!!
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