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    • The Defendant contends that the particulars of claim vague and are 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.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (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;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. 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.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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olliepup

Natwest/rbs/triton mint creditcard debt

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the defence depends on on the individual circumstances but yes- you MUST defend or they will get judgement in default

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Well got a letter today!

 

Not from Regal but from ScotCall Debt Collecting Services for the same debt, so looks like Regal are out of the running.

 

This must be the 5th DCA on this debt now.

 

Basically this one says contact them immediately as failiure to pay will result in it being passed onto their field reps for a doorstep call to make arrangements to pay this debt!

 

Should i send them the bemused letter?

 

Or should i just type what im thinking and tell them to clear off and don't bother calling here to try and collect money when they have no legal right too with out a valid CCA?

 

Anybody had dealings with this Scotcall?

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You can send scotcall the bemused letter but also add in the doorstep bit. I sent them that and I never heard another word, and no-one turned up either. :)

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi all,

 

I had a debt with mint that i was paying monthly but they decided to pass it over to Triton, i CCA'd them which they passed onto RBS.

 

Had a CCA reply from RBS but basically what they have sent looks to be a signed application form, it say Please complete your application form by answering all questions below in block capitals.

 

Please note that your application maybe delayed if all questions are not answered.

 

Credit agreement regulated by credit consumer act 1974.

 

After that its just all the questions ive answered and my signature and date at the bottom, but this is just an application form not a valid agreement??

 

I had a similar thing from Natwest which i keep telling them its in dispute every 6 months or so.

 

Then there is a copy of some interest rates on another sheet saying this was on the back of my application, then there is a sheet with terms and conditions and a copy of a credit agreement which has no signature at all.

 

Is it just a case of me replying saying this is not a true valid agreement and the account is in dispute?

 

Cheers Olliepup.

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Got a letter back from Triton saying they are passing it back to original creditor, now Moorcroft have taken it up, its still in dispute and still no CCA just application form.

 

Should i write back and inform them or just ignore?

 

Olliepup.

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can you give us the history please

 

pers i would not rely on any 'paperwork' errors where a financial relationship does exist.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Hi Dx,

 

Basically i had a Mint credit card which i could not keep up the payments on, so i defaulted it prob 3/4 years ago.

 

I was paying them 25 quid a month which they were happy with then they passed it onto Triton for collection.

 

I CCA'd them and some time later i got a card application form i had filled out as a credit agreement.

 

I wrote back stating this and said this was not a original true copy, didn't hear anything for ages then Triton wrote back and said they are no longer dealing with it.

 

Today i got a letter from Moorcroft saying they want payment within 7 days etc and i should make an agreement with them by the 11th or i'm up for the chop!

 

Thats about it really, total debt is now 1950 quid.

 

What do you reckon??

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pers i think its about time you ignored everyone

 

you are on a phishing list

 

ever thought of reclaiming?

 

i have also merged many thread all on the same debt dating back to 2008

please keep to one thread per debt

 

also tidied your other threads on other debts like wise

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Hi All!

 

I have an outstanding Credit card debt which was originally a Mint/RBS debt.

 

Once defaulted they started to pursue and i CCA'D them which they sent an application form back which i had signed but no true agreement, this was back in December 2010.

 

Wescot wrote harrassing as usual and i sent them the Bemused letter as it's in serious dispute.

 

They wrote back saying it's on hold while they investigate.

 

Today i received a letter saying that RBS complied with my request back in Dec 2010 and if i want to CCA them to send another quid to an RBS address, they will put my account on hold for 14 days.

 

Is there a letter to send wescot for this situation or should i just write and say this account is in dispute as they produced an application form not a true signed agreement and if wescot try to collect the debt i will report them to OFT etc??

 

Any advice would be welcomed.

 

Olliepup

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olliepup Hi,this is happening more and more,suggest you have a read of PriorityOne thread on CUPTR 2008 he has also produced a letter to send, when an application form is sent in response to CCA 1974 purporting to be the agreement.

 

Regards FS

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does this debt show on your cra file?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Yes this does show on my file, should i go the CPUTR (sp) route or just say no valid CCA bog off and take my chances or make a Pro rata offer?

 

What do you folks think?

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please keep to ONE THREAD PER Debt

 

yet again you've started a new thread for a debt that is already has one.

 

if you've not paid anything on this debt since you first posted in 2008 and no-one has actually issued any court claim

 

i'd seriously think its about time you put this to bed and ignored all the phishing letters?

 

re post 159 i made in april on the same subject!

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi again,

 

Im sure im right thread, the original mint card debt, anyway Wescot are supposedly passing this over to Nelson Guest & Partners solicitors.

 

Has anyone had any dealings?

 

Are they in house?

 

It says whilst wescot is still willing to consider realistic options for repayment based on my circumstances this matter cannot remain outstanding any longer.

 

Unless full payment is made or plan agreed within 10 days firther recovery activity will be undertaken.

 

Then suggests i could pay by credit card! as if i've got one of those!

 

Phishing trip or are these lot realistic?

 

Many thanks

 

Olliepup

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i would of liked to have thought you

can spot these on your own now after 250 posts!

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Cheers dx your prob right, just looking for reasurrance really as i'd not heard of these so called solicitors and sometimes wobbles me when i see the word SOLICITORS, im sure there are many others like it.

 

I better just man up :)

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You will keep getting these letters until it is SB,and most likely some after trying their luck. If Natwest/RBS thought they had a good case against you they would have taken you to court years ago.So just sit tight enjoy christmas and chill.

Cat

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Cheers cat!

 

Had the door step collection letter today, i'll just ignore but it gives the wife the jitters, but like you say if they thought they would secure in court they would by now!?

 

Olliepup

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