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    • Any update here?  I ask as we have others now taking on CPM.
    • I am sorry about getting your status mixed up.  I have noticed one thing in your excellent WS. On their claim they are only pursuing you as the keeper-I think it is  in their Point C that  states along the lines of -the driver did not pay , so the keeper is liable. So on your No keeper Liability section  You may prefer  to alter 13 to    . It is trite Law that the driver and the keeper cannot be regarded  as the same person and the claimant has failed to offer any proof who was driving.  BY  only pursuing the keeper  when the PCN does not comply with PoFA must mean that their claim fails. See what the Site team thinks as it should  stop the Judge from looking at who was driving as your statement preempts them from even thinking about it.
    • What would suffice as proof? I just emailed them back my date of birth. Should I send a copy of driving licence? 
    • Which Court have you received the claim from ? Northampton   MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?   If possible please scan redact and upload a full page copy of page 1 of the claim form.   This has been uploaded in my previous messages in the bundle of documents     Name of the Claimant ? Asset Link Capital (NO5) Limited   How many defendant's  joint or self ? 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./   14/02/2020   ^^^^^ 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 Not relevant as his claim was set aside, and has now been brought to the court again by the claimant       Particulars of Claim   What is the claim for – the reason they have issued the claim? Please see bundle of documents in previous thread   What is the total value of the claim? £10,734.1    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  Yes - this is one of the grounds for getting it set aside   Did you inform the claimant of your change of address? No 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 ?  Apparently 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I do not recall entering into an agreement with Barclays   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  It was, but it is not anymore   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. Assigned to Asset Link   Were you aware the account had been assigned – did you receive a Notice of Assignment? No - although they have provided a copy of the assignment notice in their bundle of docs for the hearing   Did you receive a Default Notice from the original creditor? I don't remember - but again a copy of a letter has been provided (see bundle on previous thread)   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No    Why did you cease payments?  2015   What was the date of your last payment? December 2015   Was there a dispute with the original creditor that remains unresolved?  I wrote to Barclaycard back in 2015 to ask them to send proof of the original agreement but they just sent me a reconstituted document which had no personal deals on relating to me   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes - step change took control and set up payments of £1 pm
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Credit Files and DCA's


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simple answer

yes they can

when you took out a credit agreement, you gave your permission.

when a dca takes over the account, those rights are passed over to.

 

if you do not know of the account (dca trying to match an account holder)

totally different ball game

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I wanted to know if DCA's are able to access your employment details from your PAYE/Inland Revenue Records via HMRC, and would HMRC release your private information to them. Thanks

 

If they do, they're doing it illegally. HMRC would NOT release this kind of information to a mere DCA.

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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If I remember rightly there was a court case a year or two ago where a guy was found guilty of deception or something like that, anyway he would call certain Inland Revenue offices posing as a worker from another department and would obtain details of certain people who DCA's were looking for. I think they called it "blagging", he was charging £25 per address and I am sure a certain DCA was named as one of his customers.

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  • 2 years later...

At no time! as far as I'm concerned. My solution was simple, no conversation, no security, just two words, feck off! They soon got the message, have not had a call for several months.

 

I did see on another thread that there are guidlines. However, none of these vermin will obey any rules so best to deal with it in a way that suits you.

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ignore them totally

 

the wording is 'resonable'

 

but that can be 8 am 9pm

 

what is the actual issue please

 

tell us what is going on

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

I moved house a few times during the last 4 years. I am not on the electoral roll.

 

A couple of weeks ago I decided to check my credit file with Experian/Credit Expert which shows my file to be completely clear, although the credit rating is not great due to not being on the electoral roll.

 

Today I receive two letters from Red relating to debts which have not been acknowledged or paid since 2004, this makes them Statute Barred. At the bottom of these letters it says 'check your credit file with Credit Expert'

 

My question is, as I am not on the electoral roll, has Red or any other DCA been onto my recent Credit File search as how have they traced me to my knew address? It seems strange that within 2 weeks of checking my credit report these letters come from out the blue. Also I thought my credit file was private.

 

Any suggestions please.

 

JB

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Personal checks on CRA files are not seen by anyone but you,and

as there are no entries on your files there can be no connection at all.

There are many easier a cheaper ways to trace an individual than CRA

files.

Red debt collection are part of the Lowell Group, which at the moment

seem to be chasing a mass of old debts near to or already statute barred.

I would send them the following:_

 

The Compliance Manager

Red Debt Collection

 

Dear Sir Or Madam.

 

With reference to your letter dated xxxxx regarding debts you allege are

owed by me, take note I do not acknowledge any debt to you or any company

you may claim to represent.

Furthermore I have by personal research and advice received concluded that

any such alleged debts are Statute Barred therefore I will not be making any

payment or offer of payment now or in the future.

 

You will therefore cease to process any data relating to me and remove it

from all your records how so ever held.

I am sure I do not have to remind you of the OFT Guidance On Debt Collection

2003/2011 and the pursute of Statute Barred debt an in particular the section

regarding the sale of statute barred debt without informaing the purchaser of the

status of the debt.

Send it recorded delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Thank you BRIGADIER2JCS for your help and the letter, will get it off on Monday.

 

It just seemed strange that after all this time their letters had an advertisement for Experian/Credit Expert, and that was the company I used to search my credit report.

 

Also had a letter from Virgin yesterday offering me their cable services which again bore my name, I cannot believe how these people are accessing my details and thats why I thought they could see my personal information via Experian.

 

JB

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You will find now that all prospective lenders and finance companies

of ant type are stating that the customer should check their credit files

especially if they have been declined.

Certainly no one other than you can see it or see that you have accessed

the files.

If you have recently moved home, the utilites companies, phone companies,

letting and estate agents are all selling data much cheaper than CRAs can.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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I think that there is a connection between people checking credit records and then receiving letters from DCA's out of the blue. It is possible that the credit reference agencies send out alert warnings that the credit record has been checked. The DCA's are then able to check these with their records and send chaser letters to the new address.

 

I don't know this for sure, but it is one heck of a coincidence that people get 'out of the blue' debt chasers shortly after checking credit records.

We could do with some help from you.

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Haveing used the CRAs personally and professionally for

more years than I care to remember I have no knowldege

of any such occurrence it is very hard to inmagine any such

event given the number of individual records held by the CRAs

that this is even practical on a small basis.

This ''myth'' has been flying around for years and in all the instances

or a so called connection have proved to groundless.

The scenario usually come about when an individual or family

move house or change utility companies, get a new phone, use

comparison site of some sort, the list is endless of the ways one

can be traced, the OP had nothing on his files so who is the wicked

CRA going to alert?????????????????:madgrin:

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Send your letter via Special or Recorded delivery so they cant claim not to have received it :)

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Thank you to everyone for replying.

 

Just one question, I am more than happy to send the letter by Special Delivery (it will be 2 letters relating to 2 debts being chased by Red), but would it be better to ignore them? Your opinions would be appreciated, and thanks for the help.

 

JB

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I would just send by recorded in one envelope which costs about £1. Special delivery is about £9 which is a bit of a waste, just to check whether a letter has been delivered.

 

It is your choice. Send the letters or ignore. If you send the letter, Lowells should stop contacting you if the accounts are statute barred. If you ignore, they will still try contacting you. It is not unknown for DCA's to make mistakes in trying to get CCJ's by default on statute barred debt.

We could do with some help from you.

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Onnce stat barred always stat barred, also you

can only ever be defaulted once for any debt.

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Thank you twofoot and Brigadier. I feel much better now. I will send the letter tomorrow, but will not sign it by hand but on the computer, hope they dont kick up a fuss about it.

 

JB

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