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    • i would suggest you look at the dates of posts on those other forums paypal do not sell debts and even if they do, there is stuff and all any debts buyer could do yo you in the UK. forget it, or even better go complaint to your bank and tell them paypal did not advise you £1200 would come out of your a/c, which they should do, and that it was the result of fraud. you don't have to tell them any details.   as for the rest of your debts..   debt IS NOT A CRIMINAL OFFENCE IN THE UK..where the beep did you get that from!!   pers i'd be opening a parachute account and getting asll your income paid into that so NO-ONE can get their hands on it. cause NW are just about to introduce 40% OD int rate and they will forever be draining you of money   get OUT NOW from them.   dx      
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    • Is this any better?  I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment.      1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx.    2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to.   3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.    4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received.   11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is  28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).   13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   15) It is denied a default notice was ever received.    16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   18) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
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tofster213

help xtra finance charges

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:DHi

 

Was Hoping i could get some more advice from this great forum

 

I recieved a loan last year for £1000 from a company called Xtra Finance ,half way throught the loan i missed two payments due to partner losing his job .When this happened Xtra Finance very quickly sent me out a ccj so i carried on paying my loan to them as arranged .Now my loan has come to an end so i thought .This mourning i recived a letter from Xtra explaining that i have over £500 worth of charges becauce the account whent legal over me missing two payment .I have never missed a payment since then. So i called them and asked why it was so high and the lady was really rude and explained that they have a judgement against me from last year for the missed payment and i have to pay these charges when i explained that i was not in a situtation too pay the charges she replied well u have been paying the loan so far so why carnt you pay the charges :evil:

 

Does anybody have any advice on whether i have to pay these excessive charges as they say they have a jugdement against me

Thanks for any advice :grin: tofster213

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why dont you try and CCA then?

 

See what they come back with?


Train hard...Fight easy

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You need to clarify a couple of things please

 

What were the stipulations of the CCJ?

 

what did it say that you had to pay and how often?

What was the total awarded to them?

Did it include any costs?

Did you defend the CCJ at all?


Hope this helps

 

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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They said i have to pay £521 charges which is £111 per month plus one final payment of £75 . I am sorry for being vauge but i cannot remember exactly what they sent it was last year but when i called them a few weeks ago and disputed this they said because you have making payments on time every since we may be able to reduce it by £100 which didnt make sence to me :confused:

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If you answer spamheads questions you may well get some sound advice.

Did you defend the CCJ or did you allow them to get it by default? Either way contacting the court would get you a copy of it.

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They said i have to pay £521 charges which is £111 per month plus one final payment of £75 . I am sorry for being vauge but i cannot remember exactly what they sent it was last year but when i called them a few weeks ago and disputed this they said because you have making payments on time every since we may be able to reduce it by £100 which didnt make sence to me :confused:

 

Hi

 

sorry for being persistent but someone can't just claim that you owe £xxx and that they have a CCJ and that you should pay £xxx per week/month etc. they need to support their demands with a legal agreement under which you agreed to make such payments.

 

They must have sent you letters outlining what it is they have ie a CCJ or that they intend to get (a CCJ) or whatever.

 

They would need to tell you the full A to Z of the debt in order for you to make an informed decision over what your next move should be with regard to the legality of the debt and/or any repayment plan.

 

Have they issued you with a default at all?

 

If they are refusing to provide you with any information, I would suggest you request a CCA from them, this will give you the original terms and conditions under which you loaned the funds.

 

You will need to examine your own statements to see how many payments you have made £xx X no of months.

 

If you can answer the earlier questions we may be able to formulate a logical plan of action for you


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Thanks Spamhead i do remember recieving about a ccj from them but i did not replie to it they seemed to have moved so quickly over this i dont have any of the paperwork what i recieved last year so what should i do next thanks again

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