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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.   11) 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.   12) The claimant states that a default notice was issued on 18thJanuary 2017. The notice of default provided by the Claimant, dated, 18thJanuary 2017. The payment date requested by Vanquis Bank Limited,  28thFebruary 2017. The formal Notice of Default that was allegedly enclosed at the same time displays a requested payment date, 28thFebruary 2019. (Exhibit x, x)   13) 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).   14) 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.   15) 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.   16) It is denied a default notice was ever received.    17) 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.    18) 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.   19) 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.
    • Ok I’m still thinking about this PayPal but only because ive been reading other forums and them saying that PayPal sells the debt to other companies and then they chase you for it .   Here are the other debts I have below and I’m still paying them all but now really struggling with it as I’m now full carer and no tidy income. None of these have I failed to pay yet to date and ive never been to court or anything and no criminal record ive always been clean & tidy and always paid things without fail but due to circumstances already said about ive now got deeper in owing more and just really struggling now and cant afford all the payments I’m paying plus then all the interest that keeps going back on them.   Nationwide building society credit card  £4,400 Nationwide building society overdraft £345 Capital 1  £2,594 Argos credit/store card £1,904   the wife also has   Nationwide credit card £1,600 Argos credit/store card  £1,875 Capital 1  £1,280   Its the Nationwide bank I’m really wanting to keep sweet as ive been with them since I was like 17 and I’m 50 now plus I use it for all direct debits and car insurance / life insurance etc etc plus I rely on the overdraft from month to month.   
    • Brassnecked you said DCBL are being toothless bullies but as the letter says, 'This case is not subject to high court or bailiff action', I was assuming they wouldn't be allowed to visit the property anyway, and even if they did, they aren't entitled to enter or to take anything away,,, isn't that the case?
    • you should be reading up between the diff stages of the claim CAG is self help too!!   no to mediation  1 wit you the rest is obv   3 copies  court their solicitors your file
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Chocolate Bunny

Newbie - Partner receiving letters from Advantis

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First post so please be gentle with me. My 'new' partner has previous debts from 2002/3, I believe at least one of these was for a couple of thousand and resulted in a CCJ.

 

My partner moved in with me in January and about 4 weeks ago I noticed he was receiving strange post. It turns out these letters are from Advantis Credit, Debt Collection Services (I read the first one saying we have confirmed your address please contact us etc.) Unfortunately I've not been allowed to see the following ones, infact I don't think he's opened them.

 

I really don't know how best to support/help him with regard to his debts. He gets very 'tetchy' when I try to ask about his debts as he knows this worries me so thinks that if I don't know I can't worry!

 

I have read about statute barred but realise this wouldn't apply to a CCJ. I also believe that we should check his credit file to see what, if anything is still showing, however having read some other threads, am now worried that by doing this it may trigger more letters.

 

So I'm looking for advice, I know we need to talk about the actual amounts etc but he is very vague about the details and in the meantime I'm worried that collectors will start turning up at my property.

 

Choc

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Firstly, welcome to the Forum!! You are in the right place for help :)

 

It sounds to me that your partner is in the exact place that the vast majority of us here on this forum have been in at some point (often for years!!) - the process of the ostrich.......... head in sand and hope it goes away!!

 

I have been there and I know that absolutely loads of the posters on this forum have been there too!! So you and your partner are not alone in this!!

 

I think for me and my family, the biggest turning point is when we realised that there was hope and there was ways of dealing with these problems...... at this point it becomes far less scary to take the first step and start reading into the situation.

 

Secondly for us was the stage of learning.... the more I learned about the law regarding debts and debt collection, the more empowered my family and I felt.... and the less scary it was to tackle the problems!!

 

Perhaps you could gently direct your partner towards some of the success stories on this site?? Just a thought, but perhaps if he was given some strength in hope and knowledge, he may feel better to open up and deal with the situation.

 

Lastly, my understanding is that yes..... performing a credit search can and probably will unleash a number of demons!! Now I have to say that nobody on this forum condones debt evasion, however I personally take the view along with my family that we deal with any issues as and when they arise.... but I personally would not go out of our way to advertise myself to anyone....

 

Obviously the above is all just my opinion and what you do and the views and actions you take are your own and your partner, these are very personal opinions and choices and must be taken as such.

 

Cheers

UF

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I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Yes, welcome.

 

Very nicely put UF. I was certainly one of the ostriches, for a long time. But then, I found CAG and the world became a very different place!

 

I also agree about the credit file search - having inadvertently tested the theory I can confirm that a few past trangressions reared their heads again. However, some were statute barred, some were unenforceable - as such they became low priority. I chose to address each on it's merits and legal priority. With advice from fellow CAG members, and a lot of reading in the forums, I now see a "normal" future - something I'd given up on previously.

 

It would be unfair to tar all lenders (and their dogs, the DCA's) with the same brush, but be prepared for some ugly moments - but also be aware that, on the whole, the law is your friend and CAG is your best friend!

 

I'm sure your partner has been stressed about this, no one likes to admit or talk about these things (even to themselves) - Personally, I felt it was an admission of weakness and failure. But once I started to address the issues the relief was incredible!

 

I wish you and your partner the best success, with CAG as your knowledge base you will get through.

 

T2

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Whenever he is ready to sort out his debts, we are here. In the meantime, since he chooses not to talk about it, there is not a lot you can do about it. There is no point in discussing possible solutions for someone else's debt when you don't know what the problems are. Where debt is not in the open it puts barriers between people and that will remain unless and until he levels with you that there are problems.

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First post so please be gentle with me. My 'new' partner has previous debts from 2002/3, I believe at least one of these was for a couple of thousand and resulted in a CCJ.

 

My partner moved in with me in January and about 4 weeks ago I noticed he was receiving strange post. It turns out these letters are from Advantis Credit, Debt Collection Services (I read the first one saying we have confirmed your address please contact us etc.) Unfortunately I've not been allowed to see the following ones, infact I don't think he's opened them.

 

I really don't know how best to support/help him with regard to his debts. He gets very 'tetchy' when I try to ask about his debts as he knows this worries me so thinks that if I don't know I can't worry!

 

I have read about statute barred but realise this wouldn't apply to a CCJ. I also believe that we should check his credit file to see what, if anything is still showing, however having read some other threads, am now worried that by doing this it may trigger more letters.

 

So I'm looking for advice, I know we need to talk about the actual amounts etc but he is very vague about the details and in the meantime I'm worried that collectors will start turning up at my property.

 

Choc

 

does he own his house(or partly own it)? if so he is one strategy

 

darling, i know that you dont like to talk about these things but the thing is if you have a ccj and you ignore it you could end up with a charging order and if you ignore THAT with a forced sale of the house

 

Now nothing you can say or do will phase me and a problem shared is a problem halved- so lets get stuck into these A*holes and sort them out- i have some friend who can help!!

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works better if he is handcuffed to the bed and you are wearing high heels and a wicked grin!!

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I have read about statute barred but realise this wouldn't apply to a CCJ.

 

Choc

 

You're right - a CCJ is never statute barred BUT they would have a hard time convincing a Judge as to why it has took them so long to enforce the conditions of the CCJ......(depending on when he last made a payment towards it of course).

 

I would direct him to this site, let him read through some stories so that he knows he is not alone. Debt is nothing to be ashamed of - most people (including myself) have been there, or are still there (that's a tick for me too).


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Hi ChocoB...........I've been where you are got the t-shirt, had the trust deed..........and the lousy letters from the Debt Collection Agents.....the whole ugly and unnecessary shooting match..............

 

....however my partner, now my husband and I are still together and more in love than ever. I am still dealing with a few debts but this site has given the confidence, and moral + practical support I needed to really start living my life instead of fearing it.

 

So long as you partner stays 'in denial'............the situation cannot move forward......

..........that doesn't stop you from visiting this site and joining in......knowledge is power.......... that way if it should transpire that, he for what ever reason decides to speak with you about his debt you can then show him the site...........good luck xx krj8:wink:

Edited by karenruthj8
spelling.........again!

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BTW i believe that after 6 years of inactivity the plaintiff would need to seek leave of the court- - also of course as it dissappears off the court records the plaintiff would have to come up with the actual judgement to enforce it since the court copy would be gone

 

i think there are also strict rules about third parties buying these debts and that they are only allowed MONTHS rather than years after acquisition to enforce without leave of the court-

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Thank you all for your replies, I know we need to talk, maybe I'll try the handcuffs lol!

 

Partner doesn't own a property, he did but was forced to sell when the company he worked for went bust owing the employees 4 months pay - hence the debts. The home we share is in my name alone and as yet he isn't even on the electoral role which really makes me wonder how anyone traced him??

 

Anyway, thanks again for your comments I will try to see if I can steer him towards this site.

 

Choc

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Ok, partner has now allowed me to see latest letter, a Buy Back Your Account letter from Lowell Portfolio for a MBNA credit card debt believed to be from end of 2002/3. (The letter states MBNA and an amount but no other debt details)

 

We know that at some time we will need to sort out repayment, but at the moment he is unemployed and we are not in a position to make an offer or meet their generous offer of repaying at £40 per month.

 

He only moved in with me at the begining of the year, is not even on the electoral role yet and has not acknowledged their letters and fortunately we have not received any calls.

 

Could any experienced member please advise on what we should do?

 

After reading various posts should he send a prove it letter or should we just ignore and see what turns up next?

 

Thanks, Choc

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Ok, partner has now allowed me to see latest letter, a Buy Back Your Account letter from Lowell Portfolio for a MBNA credit card debt believed to be from end of 2002/3. (The letter states MBNA and an amount but no other debt details)

 

We know that at some time we will need to sort out repayment, but at the moment he is unemployed and we are not in a position to make an offer or meet their generous offer of repaying at £40 per month.

 

He only moved in with me at the begining of the year, is not even on the electoral role yet and has not acknowledged their letters and fortunately we have not received any calls.

 

Could any experienced member please advise on what we should do?

 

After reading various posts should he send a prove it letter or should we just ignore and see what turns up next?

 

Thanks, Choc

 

do nothing, dont accept their "generous" offer send a quid and get the cca first and post it up

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sorry when did he last make a payment on this account and who did he make it to

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also send a polite letter to lowells saying you have no knowledge of a ccj and could they kindly send you a copy of it without which you cannot comment further

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From what he remembers, he ceased payments early 2003 when the company he worked for ceased trading. He did try to claim on his payment protection plan but ended up in debt whilst arguing about things. He doesn't have any records from then however, so dates could be a few months either way.

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Ok, more info coming out - from what he remembers CCJ was not issued for this debt. CCJ was settled in 2004 prior to gaining employment at a bank - condition of emplyment.

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Ok, more info coming out - from what he remembers CCJ was not issued for this debt. CCJ was settled in 2004 prior to gaining employment at a bank - condition of emplyment.

 

if there is no ccj for this debt and you cant be sure in 2003 when you stopped paying and you have not since then admitted the debt in writing just throw any correspondence in the bin and ignore /refuse any phone calls from them

 

after 6 years the debt is statute barred and it s not worth all the hassle of trying to prove the agreement defective

 

bascially just keep quiet, they may make threats but they will do nothing

 

in 2010 you can tell them to take a hike

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now you've got him talking get it all out in the open - post it all up and i think you'll find he can have a happy christmas!!

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Many Thanks - at least I might be able to sleep a little easier tonight now.

 

Choc

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Many Thanks - at least I might be able to sleep a little easier tonight now.

 

Choc

 

dont forget to take the handcuffs off- they leave marks on the wrists (allegedly)

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Don't send them a quid - don't send them anything!! Sounds as if it is Statute Barred.

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