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    • Whoops........... I think I might have missed that bit off 😆   Here it is in its entire form:   1.    The defendant opened a studio regulated consumer credit account under reference ********* on 30th November 2011. 2.    In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated.  3.    The agreement was later assigned to the claimant on 25th September 2015 and written notice given to the Defendant. 4.    Despite repeated requests for payment, the sum of £716.38 remains due and outstanding.  And the Claimant claims; a) the said sum of £716.38; b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £57.31; c) costs.     Defence   The Defendant contends that the particulars of claim are vague and 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.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.  It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant.   Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1.   I am unaware of any legal assignment or Notice of Assignment allegedly served 25th September 2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974.   On the 30th September 2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance.   On the 7th October 2019 Lowell provided a photocopy of an agreement and statement.  They confirmed that they have requested a copy of the Default Notice from the original creditor and this will be sent to me upon receipt.  To date, 23rd October 2019, I still await their compliance.   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 requested by CPR 31. 14 and sec 78 CCA1974 and therefore the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement with the Claimant; 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 Defendant 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;   As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   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. If there is anything that needs amending or changing please let me know. The debt becomes SB on the 23rd Nov, so if I can drag it out to then I am guessing that there is nothing they can do?
    • Hi thanks all off you for your help.   I'm having rest now.
    • I haven't sent my N180 paperwork back to the Court yet (due next week) but Idem have sent me a copy of theirs.   They have ticked 'no' to mediation and have informed me that they're requesting a hold on proceedings for a month so that they can attempt settlement. 
    • just to update, i have received a letter this morning from Arrow Global-   We thank you for your letter and acknowledge your request for documentation pursuant of the consumer credit act 1974. We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested.We will now process your request for documentation from the creditor and will respond in due course. We confirm that all collection activity will be suspended pending provision of the documents.   So i assume Arrow have not bought the debt and are collecting for either another DCA or indeed the origianol creditor in this case would be Marks & Spencer. not sure to as if this is good news that they have not produced it or bad news they may be going back to M&S,Can anyone chuck some light on it for me   Many Thanks to all
    • Hello. I'm asking a question regarding paying a PPI company. I won't name names, unless anyone thinks it's relevant. My partner made a claim to a PPI company a few weeks before the deadline. He received a letter from Lloyds asking for authority for them to act, which he supplied. A couple of weeks later, rather unexpectedly, he had a letter from Lloyds with an offer, which he accepted. He's now received the payment. In all of this time, he had nothing from the PPI company apart from the odd text, asking him to keep them informed if he heard anything. He scanned the letter with the offer from Lloyds and emailed it to them as requested, expecting them to invoice him, he has no intention of not paying, even though they seem to have done next to nothing. This week, he receive 2 letters from them containing 3 forms in total, for him to complete, checking his details as Lloyds told them there was an error. I've advised him to ignore the form, since he's been paid & is just waiting for them to claim the money from him, and if they're so inefficient, that they ignore emails virtually offering them money, they might forget about it altogether! Is this the right course of action? He's concerned they'll take him to court for not paying, but I don't see how they can, when they've never even asked for any. Any advice greatly appreciated.  
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mr.ton

Cheekiness towards a DCA

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I sometimes do a delivery to a site not a 1000 yards from Crapbot,West Malling

Nest time I go there, I will take pics of their offices for you FB

They are single storey buildings and they do look miserable

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I sometimes do a delivery to a site not a 1000 yards from Crapbot,West Malling

Nest time I go there, I will take pics of their offices for you FB

They are single storey buildings and they do look miserable

 

That's what I want, miserable looking DCA buildings, just to set the atmosphere for the video. :D


These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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I could do with some pics of DCA offices for a future video project. If you could get a pic of their offices, if possible with a logo and sign somewhere in the pic also. :D

 

I need a scan of a front cover of Credit Today if someone could be so kind. :D

 

I've started my xmas holidays today and have 2 weeks off, so busy with a few new DCA video projects.

 

I will see what I can do after xmas. I might also be in chester next week sometime as well so can get you what aktiv kapital looks like as well.


The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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If anyone can help, I'm trying to see the connections between Federal Management Ltd, UK Debt Collection Ltd, and 'Creditsure' - apparently another CRA??

I keep seeing Skelmersdale, West Yorkshire cropping up.

Am baffled:confused: I recognise Skelmersdale for some reason, but can't think why.. Help!!! :D

 

It's in Lancashire, but hey, it's Christmas...

 

Where have you seen Skelmersdale before? Try post 5 onwards in - http://www.consumeractiongroup.co.uk/forum/cooperative-bank/210-email-contact-details-co.html

 

However, I'm pretty sure there's no connection (I hope!) apart from the location.


Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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If anyone can help, I'm trying to see the connections between Federal Management Ltd, UK Debt Collection Ltd, and 'Creditsure' - apparently another CRA??

 

Creditsure seem to be a CRA for landlords and sole traders etc. and Federal Management seems to be their DCA ..

 

Have a look here Bad Debt, Debt Collection Agency, Debt Recovery

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Now thats were my Beemer went bloody man he said he was test driving it.

 

Does anyone know the number for a good DCA that will get my money he promised me?


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Now thats were my Beemer went bloody man he said he was test driving it.

 

Does anyone know the number for a good DCA that will get my money he promised me?

 

A Good DCA?

 

Fuzzybobble Debt Terrorists Ltd of course.

They must be good because their promo video is honest,

and they have won evey DCA award going this year.

 

:D:D:D

  • Haha 1

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Ok then if they can get my beemer back without a scratch on it then they will get the reward money.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Whilst doing a bit of digging I came across another amateurish website - Debt Register. The company behind it, The Ability Organisation Ltd., is registered with ICO, but has failed to register its trading names, as it's required to do. They have failed to comply with the Companies Act (registered office address not shown on the website). The OFT database shows that in addition to their current trading names, they have 5 historic trading names, including UK Debt Collection.

 

The concept, of a database into which those who claim that they are owed money can publicise the names and addresses of the alleged debtor, is an interesting one. Needless to say, their T&Cs are very slopey-shouldered on the subject of the correctness of data.

 

When so many DCAs seem to have so much trouble complying with their obligations, I'm not sure whether it speaks to their business ability or integrity, or the flaccidity of the various regulators.

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i am getting upset....not had a call from a DCA for a few months now!


hello all:-)

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Cabot seem to follow the trend of "manufacturing" letters of assignment from OC

 

Halifax oc passed to BOS (defaulted) passed to Rockwell (sent packing) past to IGOR ( eventually sent packing) and now sold to Caprot who enclosed a letter fro Halifax (!) signed by Euan Mcpherson ( or rather a printed sig and the font is exactly the same as Caprot's as is also the date

 

Why am I suspicious?

Anyway caprot started phoning but have been sent a "Bemused" letter and a s10 notice

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i am getting upset....not had a call from a DCA for a few months now!

You could always leave your phone number in this thread. This will enable those receiving excessive calls to change their number to yours, thereby reducing the amount of calls they get, and giving you the opportunity to have a chat with a DCA...?

 

Merry Christmas. :grin:


Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Whilst doing a bit of digging I came across another amateurish website - Debt Register. The company behind it, The Ability Organisation Ltd., is registered with ICO, but has failed to register its trading names, as it's required to do. They have failed to comply with the Companies Act (registered office address not shown on the website). The OFT database shows that in addition to their current trading names, they have 5 historic trading names, including UK Debt Collection.

 

 

That debt register is interesting we could all sign up and put the dcs'a names in there and claim they owe money. Its a complete farce.

 

Surfboy if you really want a dca call go on here and you you can get one of Aktiv's "negotiators" to call you


The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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That is too tempting lol.

 

Not that I would type in made up numbers and put the phone numbers of other DCA's requesting a callback. ;) You lot know me better than that.


These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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When I did the Fredericksons call the alledged debt was for almost a £1k. You can hear the excitement in his voice as he scrabbles to change to the pay by card screen on his computer.

 

Then he ask what type of card I wanted to settle the account in full with......

 

And sadly his dreams of commission, cheap cider, and a night out in the Clymidia Arms very quicky faded back into cloud cuckoo land.

 

In Londis this afternoon I discovered that you also can't get cashback using a christmas card either. ;)


These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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lol fuzzy.

 

have u tried Spar?


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi all,

 

 

I would just like to wish everybody a Very Merry Christmas and a most prosperous New Year!!!

 

Let us all, particularly on this thread, look forward to a fun filled 2009!!!:)

 

 

Cheerio for now, Jeff.

 

 

 

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Merry Christmas to you all as well...only 4 hours & 5 minutes till the big day :)

 

yeah, thank heavens, i'll soon be able meander down the cheese aisle in Asda without having to listen to the same old Christmas songs being regurgitated over the Tannoy.

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yep i realised the bonus of online shopping the other day in tescos.


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Only 2 and a half hours to go :)

Cant wait for the Queens speach, the best part of the day for me :p

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yeah, thank heavens, i'll soon be able meander down the cheese aisle in Asda without having to listen to the same old Christmas songs being regurgitated over the Tannoy.

 

The worst 1 being "i wish it could be Xmas everyday" i bet :D

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No, it's got to be Cliff Richards version of the Lord's Prayer.....

 

And big thanks to Mr Ton for starting this thread :) It has inspired me and given me courage to speak to the DCA's and send them letters. Thanks all to have contributed to this thread.

 

Merry Christmas everyone :D


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Glad to have been of service throughout 2008 - the year has deffo been dominated (on here anyway) by my "cheekiness towards a DCA" thread.

I think it hit a nerve in our debt ridden population.

Hope it has 8000 replies by this time next year :D

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 3322 days.

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If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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