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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Help with Debt Collectors, Please.


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please help me i have 4 defaults and want them removed my life changed and these store hp and store cards are a nightmare i reduced my payments to the best i could afford at the time but the companies just decided to default them then sell the debts on as quickly as possible never bothered to tell me this next thing robinsons way aktiv kapital fredrickson who i only found out about today dont no who i am but are taking money out of my bank each month aktiv are willing to send the agreements out soon as poss he also says the the agreement does not state that failure to pay will result in the debt being sold onto another company please help as im new to this cheers ,oscaro

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Hello and Welcome, oscaro.

 

I'll start a new thread for you in the appropriate Forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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You need to send a CCA request off to these DCA's to check they have the right to collect anything!! Cancel your DD's straight away (as you have no control over them). If you want to continue payments, set up standing orders, or use the payslips that they send.

 

This is the letter you need:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

Yours etc

 

PRINT do not sign the letters. Enclose a £1 postal order and send it off by recorded delivery - then you have the proof they received it.

 

If, after 12+2 working days you get no response, or the CCA is not a valid one , then you can write to them and put the account into dispute. You can then do one of the following - stop all payments, pay them what you want (like a £1 a month) or offer them a full and final settlement. Without a valid CCA they can't do much!

 

If they are valid, then you will have to write to them letting them know what you can afford - and hope they accept it.

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next directory is first started 2002 paid faithfully lost job i reduced my payments they them must defaulted account in 2006 next thing robinson way has bought the debt leaving my balance with next at 0 i phoned next today 2 see if it states in contract they can sell on the debt they say they will send agreement in post

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2 argos store card started 2003 defaulted 2006 i saw cabot financial on my credit report foned them today they told me 2 fone fredrickson whatever they dont no me or vice versa

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The 3 already mentioned can be CCA'd......Argos are not the best with agreements - fuzzybobble (a CAGger) has got rid of many a DCA trying to chase his Argos "debt". Next catalogue - not too sure, but if they are anything like Littlewoods, then CCA's are non-existent ;)

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3and 4 aktiv kapital used to b ge capital paid both faithfully and due to unforeseen circumstances reduced payments were made

and defaults added debt then sold onto aktiv whom i foned today they will send me both agreements out in post he states there is nothing on agreement saying failure to make payment willl result in this debt being sold onto a third party i hope ive made myself clear many thanks

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2 argos store card started 2003 defaulted 2006 i saw cabot financial on my credit report foned them today they told me 2 fone fredrickson whatever they dont no me or vice versa

fredrickson are a dca as are cabots, both well known on this site, never ever ring any of these dca's it is the one thing you will be told time and time again, only deal with them by letter.. if they ring and ring you refuse to answer security and send them a harrasment letter available in templates

make sure you cca argos and post up whatever they send you with your details blanked out so people on here can help you out

most of all dont worry all these idiots can do is empty threats, ignore them, send the requests.... sit back and wait

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