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mumof3

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  1. Hello, thanks for that. (Too late for the phone calls though. I have not requested them send me any thing by phone though. I am now wondering if they will give 1st credit some sot of clue i got in touch with them) Also There is something else i forgot to mention in the Particulars of Claim sent by the county court, it does not mention under which statute they are serving the notice AND it says teh CCA agreement was made in 2007 when the CCA is actually shown as being signed in 2006. Any Act i could refer to for this? cheers
  2. Name of the Claimant ? 1ST CREDIT (FINANCE) LIMITED Date of issue –. PLEASE NOTE: I HAVE ALREADY RESPONDED TO THE CLAIM AND HAVE A COURT DATE FOR APRIL. I NEED TO SUBMIT MY WITNESS STATEMENT BY FEB 3RD 2016 (2 WEEKS) HENCE MY CONTACTING THIS FORUM. What is the claim for on 12/1/2007 the defendant entered into an agreement for the credit card with the original creditor under ref no: 54...................800/ . on 28/08/2010 the defendant defaulted on the agreement with outstanding balance of 1560. on 04/09/2014 the debt was assigned to 1st credit finance in the sum of 1383 by the creditor. statutory notices of assignment was sent to the defendant. and the claimant claims 1. the sum of 1485 2 statutory interest pursuant to s.69 county courts act 1984 at 8% per annum from 4/09/2014 until judgement or sooner payment the claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% from 04/09/2014 to 14/08/2015 on 1383 and alos interest at the same rate from the date of judgement or earlier payment at a daily rate of 0.30 change please What is the value of the claim? 1635.62 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. THE CLAIM FORM SAYS 2007 BUT DEBTOR SIGNATURE WAS IN 2006 AS IT IS SHOWN ON THE TERMS 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. 1st credit Were you aware the account had been assigned – did you receive a Notice of Assignment? NO! NOT UNTIL REQUEST UNDER CPR 31.14 Did you receive a Default Notice from the original creditor? NOT THAT I RECALL 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? FED UP! COULD SEE NO END IN SIGHT TO CLEAR DEBT What was the date of your last payment? 2 YEARS Was there a dispute with the original creditor that remains unresolved? YES. I WAS DUPED INTO TAKING PUT THE LOAN AS I WAS TOLD THAT I WAS ELIBLE FOR INSURANCE. THEN FOUND OUT I WAS NOT. DID RAISE A COMPLAINT AT THE TIME BUT NO ONE BOTHERED TO GET BACK TO ME SO I JUST LEFT IT. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? YES.
  3. Hello, I am in the middle of a claim that is going to my local court in April. I am prepping my witness statement but have few questions that I hope someone may be able to help me with. (So i don't get confused could you answer along side the question, please. there is just so much info at times ) The questions are: 1st Credit have NOT sent me a default notice (as requested under CPR 31.14). Can you remind where this breaches the CCA 74, please? 1st credit submitted a letter (dated 17.09.14) from HSBC saying the account has been sold. Would a judge consider this a NOA? HSBC confirmed in a telephone call they did NOT send a letter dated 17.09.14. Can this be considered fraud? If yes, under what Act/Law/Civil Rule? if no, do you know why? The terms and conditions submitted by 1st Credit (under CPR 31.14 request) is dated 2009. The signature is 2006. Should i request they send me the terms from 2006 relevant to the agreement? Is their failure to send the correct terms in breach of Consumer Credit Act? if yes, which part? Finally, they have sent me 'statements' with NO IDENTFYING features, ie no name, no account number (only the address). Is this in breach of CCA '74? if yes, which part. Should the statements be on HSBC headed paper? cheers
  4. Virgin had been called out by my neighbour for a fault. Virgin said it was coming from my house. When the engineer knocked, I was going out so asked him to return the next day. On my return, the service had been cut. Thanks for the advice but i was hoping someone could lead me to relevant information of the CCA that i could quote in my responses. I would like to write a stern letter to the DCA, who are takign the mick in my opinion.
  5. Hi I need some advice and wonder if anyone can help.(I have posted this twice as I am not sure which is the best subject to post it under) November last year Virgin cut my service phone/tv in favour of a neighbour's service and told me they would not put it back on until I paid the bill. Of course I was furious as my bills are always paid and i am never more that 2months behind. Of the 4 years I had been with them they were always paid. So, I decided I no longer wanted their service and wrote 2 complaints to Virgin. They sent acknowledgement letters but no answer to my complaint. I then received debt collector letters from BPO asking for £135. January, I called Virgin and spoke to a woman in Collections who told me that I actually owed £40 to that point. I asked why the Debt collectors letter was asking for £135. No answer. I said I want to escalate my complaint but was told the collections dept was the last port of call. (she did not know I had written 2 letters already to Virgin Head office). To cut a long story short, I was unhappy with the response overall from virgin and wrote a letter laying out my complaints, asking for the actual amount I owed. I then received a Letter from another collection company, CSL, asking for £95 I wrote to them asking them to refer it back to virgin as a complaint is still outstanding. That was in MARCH. 5 days ago I received a letter dated 19th July from HL Solictors threatening court action etc etc. To date Virgin still has not answered my written complaints. Do I have any recourse through the Consumer Credit Act? I was reading the OFT page which indicated I did, but not sure. Can anyone consolidate or suggest action as to how I best respond to HL Solicitors? I need to be able to quote areas of consumer law to them. I am also planning to offer payment of £1 under protest. Any suggestions would be gratefully received. Mumof3
  6. Hi I need some advice and wonder if anyone can help. November last year Virgin cut my service phone/tv in favour of a neighbour's service and told me they would not put it back on until I paid the bill. Of course I was furious as my bills are always paid and i am never more that 2months behind. Of the 4 years I had been with them they were always paid. So, I decided I no longer wanted their service and wrote 2 complaints to Virgin. They sent acknowledgement letters but no answer to my complaint. I then received debt collector letters from BPO asking for £135. January, I called Virgin and spoke to a woman in Collections who told me that I actually owed £40 to that point. I asked why the Debt collectors letter was asking for £135. No answer. I said I want to escalate my complaint but was told the collections dept was the last port of call. (she did not know I had written 2 letters already to Virgin Head office). To cut a long story short, I was unhappy with the response overall from virgin and wrote a letter laying out my complaints, asking for the actual amount I owed. I then received a Letter from another collection company, CSL, asking for £95 I wrote to them asking them to refer it back to virgin as a complaint is still outstanding. That was in MARCH. 5 days ago I received a letter dated 19th July from HL Solictors threatening court action etc etc. To date Virgin still has not answered my written complaints. Do I have any recourse through the Consumer Credit Act? I was reading the OFT page which indicated I did, but not sure. Can anyone consolidate or suggest action as to how I best respond to HL Solicitors? I need to be able to quote areas of consumer law to them. I am also planning to offer payment of £1 under protest. Any suggestions would be gratefully received. Mumof3
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