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About colfhax

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  1. Hi guys am so pleased at this outcome and cant express enough my thanks for all the help and advice you have given. I would reiterate to anyone reading this thread it was never my intention to avoid paying this debt which i was doing from 2008 to 2016 through a different DCA who then sold the debt to another who couldnt even get basic details and legalities correct and it goes to show it is worth taking them on with good help and advise to show them the error of their ways and in my case they stopped proceedings before it went to court Again guys many thanks and a donation is on its way
  2. hi guys As it is now 2nd May I just logged on to MCOL for update and to see if I need to defend and the last note filed is "The Claimant has notified that the claim has been discontinued. You cannot respond to the claim at this time. " Is this the end? If i have read correctly they cannot reclaim on this without court permission Do I need to do anything at this point?
  3. thanks for the response should I still submit defense to ensure i have responded to court by due date?
  4. quoting consent order "there be no order as to costs except each party to pay their own costs of this claim"
  5. hello dx100uk it would appear that my cpr 34.14 request to PRA has made them re look at their claim today I have received for my signature a notice of discontinuance draft consent order which I am guessing means they do not currently want to proceed. They requested this back by 2nd May which is date I have to submit my defence by should I still submit my defence and include a copy of this as part of my defense showing PRA intent to discontinue
  6. hello dx100uk just to say I registered AOS at mcol last night and mailed today CPR34.14 request 1st class signed for today {had printer issues yesterday} how long should i wait for response bearing in mind i need to lodge a defence by 2nd may {31/3 +4+28}if i have calculated correctly? I have made a few notes {see attachments } responding to lines in their claim as submitted plus details of PRA responses so far re s78 reply hope my handwriting is decipherable Any comments greatly appreciated At this point i have said nothing about Moorcroft Debt recovery dealing with the BoS account upto 2016 and have made no mention of BoS as they did not get taken over by Lloyds until 2008 after this debt had already been assigned I have also noticed they say original default amount is £10160 on 14/11/06 when statement of 8/11/06 showed balance outstanding of £13776 although figures quoted for claim amount at 10/8/16 of £9640 is the last figure i was advised by Moorcroft who they must have purchased debt from as advised to me in letter 24/10/2016 your advice as always with thanks notes 1.pdf notes2.pdf
  7. Name of the Claimant ? PRA group [uK] Ltd Date of issue – 31st March 2017 What is the claim for 1.The claimant claims the sum of 10128 for debt and interest. 2.On 30/3/95 the defendant entered into an agreement with Lloyds for a Credit Card under reference xxxxxxxxxxxxxxxx 3.On 14/11/06 the defendant defaulted on the agreement with an outstanding balance of 10160 4.On 24/6/14the debt of 10160 assigned to Aktiv Kapita Portfolio AS oslo Zug branch who itself assigned the the debt to PRA group [uK] Ltd 5.on 31/12/14 Notice of assignment were sent to the defendant in accordance with s136 Law of Property Act 1925 6.Payments of 480 received upto 10/8/16 and the claimant claims 1 the sum of 9640 2 statutory interest pursuant to Section 69 of the county courts act 1984 at a rate of 8.00% per annum from 10/8/16 to 29/3/17 £488 and therafter at a daily rate of 2.11 until judgement or sooner payment What is the value of the claim?£10160 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? no assignment received from Aktiv Kapital in June 2014 Letter dated 24 /10/16 received from PRA group stating they had purchased debt Did you receive a Default Notice from the original creditor? cannot remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I recall Why did you cease payments? Was paying Moorcroft Debt recovery until August 2016 when changed from weekly to monthly pay was still sorting out budget when PRA took over have not paid anything to them while seeking advice and information What was the date of your last payment? August 2016 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a DEBT MANAGEMENT PLAN? Vaguely remember phone conversations Was making regular payments of irregular amounts in response to phone calls but do not recall a formal arrangement Already requested CCA 29/11/16 response to which we have discussed and will be sending cpr34.14 request in next day Hope this is ok look forward to your response thank you
  8. Hello DX100UK Further to my earlier posts came home from work today to claim form from Northampton court business centre {see atachement for details of their claim} Issue date 31/3/2017 therefore service date is 5/4/2017 Other than I need to reply by 19th April i am flummoxed. Information details I dispute in their claim 1} agreement was taken out with Bank of Scotland in 1995 not Lloyds bank who did not take over until 2008 during their buy out of BoS in financial crisis 2} Never had any dealings or notices with/from Aktiv capital As i mentioned before I was making payments directly to Moorcroft Debt recovery up until October 2016 when I received letter from PRA dated 24 10 16 saying they had purchased the debt not saying who from therefore am I correct in saying their assignment is from this date particularily as the amount quoted before their charges and interest of £9640 is the last amount advised to me by Moorcroft debt recovery{unfortunately haven't got Moorcrofts last letter} 3} As we previously discussed their response to CRA request was only a copy of application form with no t&c's and prescribed terms or copy of agreement I have the admission defense and acknowledgement of service forms and am really not sure which to complete As always your advise and help with this is invaluable BoS claim.pdf
  9. just read andy's post 26/1/2012 and as my application agreement is pre 2007 the prescribed terms should be included and signed they obviously aren't as signature only refers to consent and application searches we will no doubt speak later this month but thanks for what you have done so far
  10. I most definitely will as your advise is invaluable i don't expect to hear from PRA again until 22 march onwards as per their latest letter As a thought not withstanding the missing T&C from the cca request didn't credit card application forms double up as the form of agreement in the early days as it was signed as an agreement regulated by the consumer credit act 1974?
  11. @dx100uk thats all that has been sent in response to cca request along with copy statements in previous letter to this one (which is same wording) as you can see letter says it is unenforcable and their latest letter is the claim required by practise direction on pre action protocols and constitutes a formal demand. Guessing i should wait and see if they try to get a court hearing and then use these ommissions in defense as not complying with the cca request. i can confirm i have had no contact with PRA by any means other than the cca request and i certainly am not going to advise them of these ommissions your thoughts on this greatly apreciated thank you
  12. hi dx100 thanks for responding enclosed attachments cca letter and copy of signed agreement suitably redacted of personal info. I would mention that no copy of T&C either from inception or modifieds through term of card were sent with this cca response court claim.pdf
  13. I'll begin with thanking any one who can help and advise me with this. I had a Bank of Scotland credit card from1995 until 2006 when employment and marital issues took their toll and I was unable to meet payments required but did continue to make minimal payments. They subsequently passed the debt to Moorcroft Debt recovery and I continued to make monthly £20 payments more when I could The debt has reduced from £13700 to £9640 (oct 2016) Other than a few reminder letters MDL seemed ok to receive monies. On 24/10/2016 i received a letter from PRA group advising they had purchased debt (no confirmation of this received from MDL) I did not contact either company at this point and ceased my monthly payments. Their letter also stated debt was with Lloyds TSB bank letter who I understand took over BoS in the financial crash of 2008 On 17/11/2016 i received letter before claim notice as required for pre action protocols In response to this I sent s78 request signed for with £1 PO Reply recd 3/12/16 returning the £1 PO saying it was not required and case on hold until they sent me the requested info together with their 'fact sheet 'saying it may take longer than the 12 working days. 26/1/17 PRA letter received with copy credit card statements only from 2003 to 2006 and advising debt marked as currently unenforceable. 1/2/17 PRA letter received with copy of original signed credit agreement and letter still advising debt currently deemed unenforceable. 20/2/17 PRA letter received chasing debt again and asking for contact which I have not done. 6/3/17 PRA claim letter received before pre action protocols wanting response before 22/3 constituting a formal demand for payment before court proceedings are started. It also states the creditor assigned this to PRA on 6/11/2014 but they did not have this case until October 2016 it was previously assigned to Moorcroft debt recovery I am not sure what to do now and any help /advice would be greatly appreciated Again thanks in advance
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