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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 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? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes 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 was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. 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?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 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
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Lloyds TSB OH's debt - Anyone heard of DM Limited????


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Hiya friends

 

I've just had an interesting phone call :o

 

This company is trying to make contact with my OH.

 

He had a snotty message left on his mobile last night which he ignored, he told me about it later and said he didn't know who on earth it was, and they have phoned the land line today.

 

I spoke to a girl who wanted to leave a reference and phone number for my OH to call back. I asked what it was in connection with and she said "we act on behalf of Lloyds TSB".

 

I know for a fact my OH doesn't have any issues with Lloyds TSB so I told her I dealt with all the finances and asked her for more information. She quoted Data Protection at me but then asked me to confirm our address. It turns out they have OH's date of birth/name/phone numbers but a different address entirely :mad::eek:

 

I told her that she must put in writing anything her firm wishes to discuss with my OH anyhow, as he will not discuss financial matters on the phone. She said she was going to refer the matter back to "tracking" because there is a different address.:confused:

 

What's worrying me now is identity theft! You hear all sorts of things these days as we know. I suppose all we can do is wait to see if and when they write back, but I am naturally concerned that they have incorrect information about my OH.

 

Any suggestions?

 

Thanks

Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Thanks lookinforinfo x

 

Post arrived lunch time and there is a so-called "final demand" from this shower threatening legal action :mad:

 

As it has our correct address on it, a CCA request is going off recorded delivery tomorrow.

 

They obviously don't know what on earth they are doing, morons! The tone of the "final demand" is appalling and obviously designed to terrify folks. If anyone without the help and advice on here had received that they would be in a total panic by now.

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Looking back on it now, I laugh at the 'Final Demands' that Robinscum Way used to send, red paper and 'DO NOT IGNORE', it was obviously so important that I didn't ignore they sent it by 2nd class post!

 

DM Limited, could they possibly be Debt Managers Ltd, the one that is is Glasgow, I believe, if so spiritgirl, my husband had a similar letter in July, asking for payment for a Admiral Car Inasurance debt, my husband had only even asked for a quote from them and had never given any further information to them to set up a policy and no CCA was ever produced and a letter saying that the matter had been settled was sent upon receipt of the CCA letter!

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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Looking back on it now, I laugh at the 'Final Demands' that Robinscum Way used to send, red paper and 'DO NOT IGNORE', it was obviously so important that I didn't ignore they sent it by 2nd class post!

 

DM Limited, could they possibly be Debt Managers Ltd, the one that is is Glasgow, I believe, if so spiritgirl, my husband had a similar letter in July, asking for payment for a Admiral Car Inasurance debt, my husband had only even asked for a quote from them and had never given any further information to them to set up a policy and no CCA was ever produced and a letter saying that the matter had been settled was sent upon receipt of the CCA letter!

 

Looks like DM Ltd might actually be inventing debts to chase? Regarding DCAs, nothing surprises me anymore.

 

 

Robinscum Way :lol:

Hit the scales, you know you want to :p

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DM Limited, could they possibly be Debt Managers Ltd, the one that is is Glasgow, I believe, if so spiritgirl, my husband had a similar letter in July, asking for payment for a Admiral Car Inasurance debt, my husband had only even asked for a quote from them and had never given any further information to them to set up a policy and no CCA was ever produced and a letter saying that the matter had been settled was sent upon receipt of the CCA letter!

 

Hi tooth_fairy

 

Yes you are spot on, this is certainly the shower who the demand is from!

 

Their so called "URGENT FINAL DEMAND" is dated the first week in October :p OK I know we have had the postal strike but all the same, its laughable isn't it?

 

allykat you could well be right - we don't recognise any of the references or the amount to which they are referring to as being owed.

 

Coasters thanks for the tip, I will get round to doing this eventually.

 

I'll keep you posted what comes back next, as the CCA letter went off this morning.

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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never hurts to look at your credit report either.

 

Equifax

Experian

and if you want to go the whole hog

Call Credit

As can be seen from a number of threads on here, actually contacting the CRAs can do more harm than good. Caggers have found themselves in recept of the unwanted attentions of DCAs after checking their records not to mention unsolicited offers of consolidation loans. The CRAs regularly pass on information to their buddies in the DCAs.

 

The fact that one of the biggest CRA owns a DCA is probably a mere coincidence:rolleyes:

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I have to agree with ODC on this one, my husband, who has never been one to look at his CRA, did so, this year. He chose to go through all 3, this must have been in about January, since then, debts which he currently has managed with PayPlan, have been sold on again, he's had erroneous debt chaser letters, like the one I mentioned above, he's had so many letters for consolidation loans and IVA's.

 

I'd never heard of this before, until I joined CAG, it seems too much of a coincidence to me.

 

I did check my CRA regularly and I regularly get debt chase letters from DCA's, more often than not, it is for someone with same name or initials or date birth, but I don't check more often than neccesary anymore, maybe every 6 months or when I get a letter saying a default has been issued for an erroneous debt.

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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My credit report must be shot to pieces anyhow, so looking at it won't really do anything to help me, and I don't want to alert anyone else to start chasing me as I have enough of them to deal with already LOL thanks for the advice guys :)

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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The fact that one of the biggest CRA owns a DCA is probably a mere coincidence

 

Who and what one?

 

To say NOT to check your credit report seems a litle overboard. How on earth would you check for stolen identities?

 

If the DCA OWNS the CRA why the hell would looking make a difference? If they already have open access a search confirms nothing much really.

And the latest score is...

 

DCA's 0 v Coasters 2

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DM Ltd are based in Northern Ireland?

 

Hiya JJ

 

This one is Debt Managers Ltd (based in Scotland according to their letter heading). When they phoned me they said they were "DM Ltd" but now I've got their correspondence they are definitely based in Scotland. Maybe they have offices in N. Ireland too?

 

They have been CCA'd now so the clock is ticking!;)

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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:eek: :eek: :lol: :lol:

 

Friends this is an absolute classic!!!!!!!

 

DM have written today to say they "haven't received the £1 postal order" or our letter dated 26th October!!!

 

I have just checked on track and trace and it was signed for on 31st October at their offices !!

 

...are you thinking what we are thinking??? how can they reply to a letter they have not received, to say they have not received it????

 

They go on to say that we need to contact the OC to get the information we requested from them cos they can't provide it!

 

I don't think I have had such a laugh for ages and couldn't wait to share this with you all!!! :p

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Not wishing to teach how to suck eggs... But, as per Section 175 of the CC Act it's their responsibility to pass the request and payment to their client.

 

Thanks DMD x I've had this happen before as you know with other DCAs, and they won't catch me out with their "we don't have the paperwork" excuses!

 

But it gets better and better...........get this :-

 

They have also written to our son, at a different address, asking for repayment of the SAME alleged debt :eek: ...so its pretty obvious they are trawling the phone book for peeps of the same name and initials and running off copies of their "demand" in the hope that someone will fall for it, think they owe them, and start to pay them! How low is that???

 

There are several families round here with our surname and initials, some of which are relatives, so no doubt they will all get the same letter!!!

 

I've asked our son to keep the letter and bring it so we can see it and keep it safely filed in case it is needed in the future.

 

We have also now received a "one time only and never to be repeated offer" from DM of a 25% discount settlement opportunity!!!!!!!!!!! Dunno if our son has received one yet...or the breadman...or the milkman pmsl!!

 

Just wondering whether to write to them and advise them of when and what time they did receive my CCA and that they should pass it on to the alleged OC etc., or just ignore them because quite frankly by their most recent correspondence to my son they are passing water into the wind!:p

 

What do you think?

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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They know their obligations under the CCA. I wouldnt bother reminding them. Let them committ the Summary Offence . If they keep pestering you write and demand a copy of their complaints procedure. Report their sorry asses to TS if they continue with their demands for money whilst in default of your CCA request

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I agree with ODC about sitting tight. I would be looking forward to complaining. They can't just go around randomly asking people to repay any old debt.

 

The fact that one of the biggest CRA owns a DCA is probably a mere coincidence

 

Who and what one?

 

To say NOT to check your credit report seems a litle overboard. How on earth would you check for stolen identities?

 

If the DCA OWNS the CRA why the hell would looking make a difference? If they already have open access a search confirms nothing much really.

 

Just to add, since checking my file in the summer i have had debts sold on, millions of sub prime loan offers and info about IVAs and bankruptcy.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hiya Hopeful1 & ODC

 

Yes I am going to sit tight on this one and see what pans out.

 

I've decided I'm not going to check my report, cos as I said earlier there is no point as its shot to pieces anyway, and I don't want hounding by more DCA idiots trying to pin alleged debts on me when I don't owe them :mad:

 

DM are the lowest of the low. I wouldn't have known about their latest antics if our son hadn't had the same name and told us what they are up to, but doesn't it just show the depths these low lifes will stoop to???

 

ODC I will keep everything safe and most definitely report them if they don't disappear into the woodwork soon, especially with the damning evidence I have now of them trawling to pin debts on people. I think TS would be very interested to see these random letters!

 

Love Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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  • 2 weeks later...

Well these pillocks have now sent the following:-

 

Notice of Proceedings Pursuant to the County Courts Act 1984

 

Despite our earlier correspondence relating to your debt due to XXXX in the sum of £xxx in relation to Debt Managers reference XXXX we have not received payment in respect of this debt.

 

We therefore give notice pursuant to the County Courts Act 1984, that proceedings to recover this debt, together with Solicitors fees and costs will be instigated immediately in the XXXX County Court.

 

Details of any judgements obtained in relation to this debt may be supplied to credit referencing organisations and may impede your ability to obtain credit in the future.

 

Should you wish to avoid this action IMMEDIATE payment of the full outstanding sum of £XXXX should be made payable to Debt Managers Limited and sent to ther above address. The reference number XXXX should be quoted on all correspondence.

 

Should you have any queries relating to this matter or an alternative method of payment telephone our Recoveries Department on XXXX

 

Client Ref: XXXX

 

_____________________________________________________________

 

What do I do? Wait for the court papers and then send of the CPR letter as I have done with SC&M (see my other thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81224-spiritgirl-various-dcas-25.html)

 

or send off the CPR letter immediately???

 

These are the guys who have been trawling the county to find anyone with the same surname and initial - if you recall they sent their first demand to my SON at a different address too :mad:

 

ODC and all, what should I do now???

 

I feel like throwing in the towel to be honest, but I know that's not the answer. Have been very depressed recently as its the time of year I lost my mum and dad, so they have caught me at a very low ebb on top of everything else, the barstewards :mad:

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Send them this by Special Delivery

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of hich have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

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