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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Red Debt Collection Services!


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The application???? Where do I get the application from or do I write the application myself??

 

i've now got my letters ready to send of to the horrid people at RED?Lowell what ever they call themselves, the CCA request and the Statue-Barred letter, should I send them together in the same envelope or each on their own???

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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As far as I know an SD has to be served personally or at the very least by 1st Class post if personal service was not possible and then I believe it up to the DCA to prove to the Court why personal service was not possible. Applying for a Set Aside would prove that the SD had been served on you. Applying for a CCA would put the account in dispute and not admit service of the SD. Its between you and your consience as to whether to admit receipt of the SD. Im sure Lowells would have to prove service.

 

I have decided not to acknwledge the SD as this would be admitting to red that I received it, as they would have to prove that I've received it! So I am sending letters today to ask for CCA and the statue-barred letter.....if it's not Staute barred then it will be in Feb so if I can delay the SD going ahead (which I understand they cannot petiton for bankruptcy while the debt is in dispute!) then it all should work out fine! So Fingers crossed!

 

Thanks very much for all your help from each of you.....I'll let you know how I get on!

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I received a Statutory Demand Under Section 268 (1) for a Capital One card on which I now owe £1,200, quite a portion being interest and charges applied.

I have taken not of the advice on the threads and sent a letter today recorded delivery stating I do not acknowledge the debt or its clients and requesting a copy of the original agreement.

As its sent today, are the 12 days with effect todays date or when they receive the letter?

Do I do anything else at this stage or just wait? Do I still need to get this "set aside" my concern is there is no court information on the letter or form so I have no idea from here. Help would be much appreciated

I do not own a home or car, I rent privately, have a wage I struggle on and pay child maintenance so not sure what them filing for bankrupcy will achieve. i cant find this kind of money.

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Only send Statute Barred letter for now and save the CCA IF they come back with anything.

 

Do they have a time in which they have to respond to you??

I'm a little apprenasive about just sending the Statute-Barred letter incase they go ahead and petition for bankrupcy.....but I know that if I apply for CCA then its in disput and they can't petition! Is it still clased as a dispute = the statut barred letter and in all likely hood it is not quite statute barred untill Feb 08.

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I received a Statutory Demand Under Section 268 (1) for a Capital One card on which I now owe £1,200, quite a portion being interest and charges applied.

I have taken not of the advice on the threads and sent a letter today recorded delivery stating I do not acknowledge the debt or its clients and requesting a copy of the original agreement.

As its sent today, are the 12 days with effect todays date or when they receive the letter?

Do I do anything else at this stage or just wait? Do I still need to get this "set aside" my concern is there is no court information on the letter or form so I have no idea from here. Help would be much appreciated

 

I do not own a home or car, I rent privately, have a wage I struggle on and pay child maintenance so not sure what them filing for bankrupcy will achieve. i cant find this kind of money.

 

I have decided not to apply to have my SD set aside as this is admiting to them that you have received it and in my case it wsn't personally served it was sent in the post by second class post. This may be wrong but I'm not prepared to go to court at this stage......I have done what people have advise and I'm sending a Statute-Barrred letter and a requesting a copy of agreement and statment of account...It seems from reading threads on this site that they have mass mailed theses SD out in the last couple of weeks as a way of scaring people in to paying! Espcailly debts from Capital One.

 

Is your debt from a while ago?

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Mad.....send off the CCA, when they respond, then cross out all your personal details and scan it on here.....the experts on the CAG will be able to tell if it has all the prescribed terms and has been properly executed....I had the same with Red....they apologised after admitting they had contacted me erroneously after I sent the CCA request.....

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The Statute Barred letter is a clear dispute of the debt.

If you are concerned about there response, put a timelimit on the letter.

Try something like this one the end.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

Gives them a clear picture as to your position.

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Be VERY careful whose advice you listen too

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To be a valid agreement there are certain terms that are required.

On the whole applications DON'T have these terms.

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

Be VERY careful whose advice you listen too

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The Statute Barred letter is a clear dispute of the debt.

If you are concerned about there response, put a timelimit on the letter.

Try something like this one the end.

 

 

 

Gives them a clear picture as to your position.

 

Right sorry I'm a little confused now.....which letter am I sending? Should I send the Statute-Barred lettter that I got from the draft letters on this site (Letter M) or should i send one similar to the one you just posted???

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Send Statute Barred with my extra lines on the bottom.

This gives them a clear time frame to respond in.

 

Send it recorded as there is a time limit.

IF they come back with solid proof then CCA them, but NOT until they do.

Be VERY careful whose advice you listen too

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I received a Statutory Demand Under Section 268 (1) for a Capital One card on which I now owe £1,200, quite a portion being interest and charges applied.

I have taken not of the advice on the threads and sent a letter today recorded delivery stating I do not acknowledge the debt or its clients and requesting a copy of the original agreement.

As its sent today, are the 12 days with effect todays date or when they receive the letter?

Do I do anything else at this stage or just wait? Do I still need to get this "set aside" my concern is there is no court information on the letter or form so I have no idea from here. Help would be much appreciated

 

I do not own a home or car, I rent privately, have a wage I struggle on and pay child maintenance so not sure what them filing for bankrupcy will achieve. i cant find this kind of money.

The 12 working days start from the day they receive the CCA request. If after 12 working days they do not supply you with a properly executed CCA agreement they are legally in default and you do not have to pay them. One calendar month later they commit a summary offence and should be reported to Trading Standards should they demand money. Bear in mind that all they phobably have from Crap One will be a **** poor photocopy of and application form which does not contain the prescribed conditions.

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Send Statute Barred with my extra lines on the bottom.

This gives them a clear time frame to respond in.

 

Send it recorded as there is a time limit.

IF they come back with solid proof then CCA them, but NOT until they do.

 

Thanks so much for your help.....I'll add the extra lines to the letter and get it sent today....i'll keep you posted as to what happens next! thanks again everyone.

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Stick with CAG and together we will beat Lowell by using the law. They seem quite happy to use the law albeit in an amerteurish and cack-handed way

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Thats how most of us found it. The idiots in the DCAs fail to have grasped that concept. Had they been civil with folk and tried to come to a reasonable arrangemnent about repayment then they would not have driven folk to here. When folk arrive here they learn their rights with regard to CCA agreements etc As a result the greedy DCAs get nothing if they canot produce the paperwork. ALL BECAUSE OF THEIR ARROGANCE and GREED

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I last dealt with my Capital One debt in early 2004 upon my marriage breaking down and havent been in a position since to actually tackle it since.

I still am not in a position to do so.

Have you had any recent communication about it

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Liz you need to start your own thread on this. If you don't know how to do this have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Post a link to your thread if you want to and we will have a look at it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hey guys,

 

I sent my Statute- Barred letter to red yesterday morning, then the post comes yesterday, which contained another SD! :confused: Itentical to the one I received on Monday......just with a diffrent date on it.....these guys are either so stupid they don't know they have sent one once or they are really hoping that I'll call them and offer payment now they have sent me two!

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