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Badtimes123

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Badtimes123 last won the day on May 22 2022

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  1. Yeh totally agree, it feels really wrong to see it on Link headed paper and they don't really look like scans either.. suggests they are manipulating the actual font With the CCA reply missing all statements too makes me think they don't have much of anything, so have knocked something up from last weeks cases.. I guess that could be interesting if this goes to trial and they are to produce originals/copies of originals Reviewing CONC13.1.4 regarding agreement copies, it states things like ".....the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature." and "Further, section 180(1)(b) of the CCA and regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 expressly allow certain matters to be omitted from the copy. There may be excluded from the copy of the executed agreement to be provided under these sections: (b)any signature box, signature or date of signature;" CONC refers to 'the firm', however I can't seem to figure out whether this applies to only OC's, debt purchasers or both.
  2. Thanks in advance all. Printed and sent. Here is all paperwork sent by Stink following my CCA early in the year, circa Feb.. - Address discrepancy across documents, but they are my addresses, previous or current and I did move around the time of signature - No DN - No statements provided to show debt accrual - No IP on Agreements Sorry for low res i had to compress it into dust. I can split out into 2 separate if needed LinkHalifaxCC.compressed.pdf
  3. Good evening CAG Team Returned home today to a pile.. I have 2 claims at N180, issued 29th Aug. I will upload all docs for this claim tonight, probably late tonight so wanted this post in to give as much time as poss for your thoughts because I also wanted to try to find errors myself rather than simply upload and have you guys nursemaid me For this thread's claim: - They did respond to a CCA request, my defence states they didn't in my haste to log the standard no paperwork one, problem? - N180 received, issued 29th Aug. I must by 15th September have notified the court and all parties. - DQ's from claimant received from their sols, they've chose yes to mediation, no to witness, yes to no hearing I need to decide on mediation.. however there's issues with the enforaceability of the paperwork they have provided me, their CCA response: - had no DN - agreement looks fake/recon - One Agreement version has my old address (Credit Card Agreement Regulated.... These are the conditions of an agreement) another has my current address (Backbook customer copy template..... Halifax CC T&C's) - I mentioned previously a zoomed in version, I realise now it's not a zoomed in version exactly as some of the lettering is capitalised in one and not in the other, but both agreements refer to being the agreement between us.... - No IP on agreement If I choose yes to mediation how do I navigate without telling them they haven't satisfied CCA? should I refuse based on what I've said or go but give reply "I don't have enough information to make any decisions currently?" Any other advice while I mash this scanner? thanks BT
  4. Only Pretty sure? not worth a backdoor ccj though. As dx says, update address. I'm sure they will be quick to let you know more about the alleged debt, because you don't sound convinced that you know, and you definitely should want to know. You then defend accordingly, likely with statute bar based on your description but we are all guessing, including you. Good luck BT
  5. Hi Ninja, for real tailored advice - post up the details: - what type of credit - when you took it out - who owns the debt a DCA or the original creditor. - who you are paying now/when you last paid - amount owed As for doorstepper threats - they rarely come (debt type depending)
  6. My username must have been prophetic, since around 01/23, it's been real bad times for me and my family. I've been away from home through most of July due to family ill health care and family bereavements. Thanks immensely in advance for your continued support. -------------------- Defence was filed 02/06/23 Letter received 28/07 with an attached proforma, requesting I admit and pay up within 21 days I've checked MCOL and can't see a status change.. Does this mean this is now auto stayed 30 days after defence filed? I find it interesting that they knew I would respond to a claim because I responded to the letter of claim, yet they've filled the claim only to stop progressing after I defend?? I don't have a functional scanner just now, but going to try to get one ASAP, as the paperwork they have provided from the CCA request contains what appears to be duplicate documents, but one copy with my old address (appears to be zoomed in) and one copy with my new address (appears in normal font size), both pieces start with "These are the conditions of an agreement between........." but the wording is also slightly different... when I received them I thought it was just a zoomed in copy, but they differ.. Thanks BT
  7. My defence is filed, for both claims as per the initial defence above and dx's layout, updating relevant fields for each seperate claim, they are exactly the same reasons. I've also downloaded the PDF of each and can confirm MCOL has accepted my filing. I'll keep an eye for status updates. Thanks for jumping and responding guys, you've no idea how frustrated I am and how silly this looks to not be able to work out dates.. once again I'm sorry. I will not drop the ball again.
  8. Yes I did Andy, I just misread/misunderstood and didn't double check.. I've a significant date in June and once I was sure it was after that date, I just didn't think to double check. Not good enough I know, and I bet dx is steaming at me for not taking this seriously.... Currently on the phone to the courts, they are sending me forms to submit for an extension to file of 28days additional, £108 fee - NOTE: they have a backlog of processing these back to April, so perhaps best to just put in a defence ASAP. The lady is saying no judgement has been entered yet and so I can still file a defence and it would be accepted, however of course they can file for judgement anytime. In a couple of hours I'll be home and will formulate a defence based on what I have and see if I can get one in today
  9. Oh my god please no... I thought it was until June! how have I got my dates so wrong?? Have I just made the worse mistake possible and not filed in time? I'm logged into MCOL and cannot see a status change..
  10. In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant Which Court have you received the claim from ? County Court Business Centre, Northampton Name of the Claimant ? LC Asset 2 S.A R.L Date of issue – . 26/04/23 Particulars of Claim What is the claim for – (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/12/2014. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D. (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/01/2022 a default was recorded. (3) As at xx/02/2022 the Defendant owed Bank of Scotland plc the sum of 8,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/02/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter. (4) And C claims- 1. 8,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 1.64 to date of judgement or sooner payment. Date 26/04/2023 What is the total value of the claim? 8k Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? Yes Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly 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. DP issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Maybe... Did you receive a Default Notice from the original creditor? Maybe... Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Yes Why did you cease payments? Loss of employment main cause What was the date of your last payment? Early 2021 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? No ----------------------------------- The POC on the claim form is a block of text, no formatting or numbering. Above is verbatim, rounded numbers but I've spaced and added numbers in brackets after each full stop to facilitate writing a defence - AOS submitted - MCOL status of AOS is updated and timestamped correctly - CPR 31:14 will be sent to the solicitors named on the claim form before the weekend and in plenty of time to upload and CAG review before defence deadline - Defence to be submitted before 4pm on Friday 16th June The Default date they state is accurately reflected in my credit file. When the time comes, my defence will look something like this DRAFT - to be adjusted and moulded depending on responses to requests. 1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with Royal Bank of Scotland in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Royal Bank of Scotland and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Royal Bank of Scotland. 5. On the 24/12/2022 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the (INSERT FUTURE DATE) a CPR 31.14 request was sent to Kearns who is yet to respond. To date, (INSERT FUTURE DATE), no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. ------------------------------------ Thanks in advance, I will post up claim #2 over the weekend in another thread once I've got this one rolling. BT
  11. Thanks dx! Exactly 1 year since your last comment, however also a number of months since I've been active on CAG and helping other's. I will be active again in the future; it's been a challenging year.. There's been activity on all my accounts as you guys said there would be! An absolute mass of trees rammed through my letterbox with most already told not to call me. I've returned occasionally to CAG to self-help, shoring up my understanding before taking any action and have everything filed and orderly. I've recently received 2 Claim Forms, both from Link/Kearns and neither provided a complete CCA. Sending me only a credit agreement on their own letter headed paper, but two copies, one zoomed in alot (not sure why they would do that other than to increase the amount of trees damaged) they look like reconstructions to me and nothing I couldn't create myself using a computer.. I expected photocopies of actual documents! Sadly, my scanner isn't working. I will scan and upload every page I received from Link in response to my CCA request, it will be later this week, but looking forward to your comments after review. I have completed an AOS online for both claims. #1 served 26/04, AOS completed 10/05 #2 served 28/04, AOS completed 10/05 I will copy over the details of each claim soon also into the template you provide and post them into the thread, labeling as #1 and #2 from here on out In the meantime: Am I correct in thinking I should now send a CPR 31.14 Request? given the paperwork hasn't been provided but it is referenced in the POC, I should request it now? Thanks again in advance! BT
  12. Hello and welcome to CAG. Someone knowledgeable will be along soon to give you guidance. Please be patient. As far as disclosing 'partners income' - I would suggest it is filled out as requested as it's court paperwork and you should be honest upfront, perhaps I'm wrong, but should this be questioned at a later date I suspect that would reflect badly. All the best with this BT
  13. Hello, I would suggest IF that were to happen it would be a long way into the future. It is most likely as per UB's comments. As they have your address abroad, it is likely you would just receive many threatening letters from Original Creditor and DCA's acting on their behalf, with little real world action or impact to yourself. With that said, I'm not sure on how debts work in Spain once sold to a company there, you should research this, however it is my suspicion they are a carbon copy of the UK and you can simply ignore them. All the best BT
  14. Hope you are still around @Strawberry_candy33 Reading through your thread, I completely understand your concerns. However, please, please follow the instructions provided to you on this thread AND get to reading other like threads on this forum and you will soon understand the process. This comment "surely they must have a CCA if they want to get a CCJ against me " - a little reading and you will understand this is absolutely not the case. A debt purchaser would take it all the way to court without enforceable paperwork. It's upto YOU to defend so it never goes to court, you do this by way of CCA Requests and the likelihood is; they have no paperwork. BT
  15. You're welcome, No no, you're spot on, let's deal with the urgent one. EDIT: removed my advice because dx and Andy got here I wouldn't pay without seeing enforceable paperwork though by way of a CCA to Link.. Good luck
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