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    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
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Guest BaseJumper

Claimant NOT complied with court order - Help please

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I applied on to the court, behalf of my better half, to have a decision which was given in default to be set aside due to the fact the Claimant had not complied with my CPR 31.14 request, from the points mentioned in the PoC. This was granted and a court order was made to the claimant to furnish the defendant with the required documentation 14 days from the service of the order. That time has now passed and all She has recieved is a photo copy of an application form, which in their covering letter states; enclosed is a copy of the original agreement xxxxxx ( the account number was subsequently changed and amended to xxxxxx) and a copy of the T & C at the time of opening. Below it states as for the DN our client is unable to provide as this was not retained, however it was issued and sent to address xxxxxxx. It would have contained blah blah blah but a copy of the template is enclosed. We are also unable to supply you with a true copy of the Formal Demand as this was not retained, however we enclose a template that was in application at the time. Both were sent by First class post and we have no proof of postage. it is averred that, notwithstanding that postage alone constitutes service, by reason of section 7 of the Interpretation Act 1978, in the absence of proof to the contrary, the DN and FD are in any event deemed to have been delivered.

1. If this is now part of the legal process and has been for some time why have these documents not been available before the issue of proceedings?

2. What is the next sugested course of action?

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Hi B

 

Was the court order an Unless order. ( IE.Unless the claimant produces the doc's by date xxx the claim will be stuckout without further order)

 

GG

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Guest BaseJumper

Hi Guzzleguts

Sadly no. It states: upon the Claimant not appearing and the Defendant not appearing

EX PARTE

IT IS ORDERED THAT the Claimant to give disclosure of the documents as requested by the Defendant in 14 days of the service of the order.

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I think you may have to request a strike out using an N244


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Guest BaseJumper

42Man. Flipping heck - How do you get some much so quick. Having only read a few threads from the links you sent they seem to lean that way, the N244 that is. Especially the ones from Aloysiush.

Initially, when this started and I sent out my CPR 31.14 and the time limit passed I sent a N244 to northampton there was much faffing and the date for submission passed due to postal service from their end to me and consequently it was not accepted as a strike out, but was transfered to my local cc and I had to pay £75 for a setaside. thus here today seeking help. I will read on with the links, catch my breath and then soldier on with another N244. Do you think it would be advisable to contact the court and just mention what has happened, as they know the judge and his/her ways of protocol or just go for the N244?

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