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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      
    • I'm aware there are some grammatical and reference errors but the post expired before I could fix. I'd really like to know if I've made valid points or not. Thanks.
    • Another thing, they say they have photographic evidence of the entry and exit times, but have not included it in the SAR. If they have photos shouldn't they provide them in the SAR? And if they don't have them now, how can they prove anything?    Should I ask OBS to produce the photos?
    • 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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      I was in Sainsbury’s today and did scan and shop.
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Hi,

 

I am having a problem with brighthouse. I have fallen behind with payments and now been told that there is nothing they can do in store and my account is going to be sent to asset recovery.

 

I had 4 agreements with brighthouse. one was table and chairs which 2 weeks ago I agreed to have taken back.

 

2nd was a mobile phone which I paid off on Friday 3rd July.

 

3rd was a fridge that I paid £40 on Friday 3rd July to bring account up to date so I was told.

 

4th is a 2 seater and 3 seater sofas which I am waiting for repair since February when my account was all up to date.

 

I had an account re write around April but have failed to keep up to date.

 

Like previously stated I paid £60 on Friday to the area manager who phoned me and asked me to attend store to sign new agreements. I was unable to make it to store to do this. He phoned me on Saturday asking me to attend Store where my account his held canton Cardiff by 9am today Monday 6th July or my account will be sent to asset recovery. As I live 40 miles from that store and don't drive I phoned to tell them can't make it to them. On my last re write I was not given any copies of the agreement and told I had to have the insurance even tho I got my home insurance.

 

I have had the sofa's since February 2008 and until april was up to date with payments.

 

I hope someone can advise what I can do as I can't loose my sofa's

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Also after speaking to Area manager I asked about my re write and he said that payments would be taken into count before re write.

 

Looking at other threads this information does not seem right as a re write is a new agreement. So looks like they don't need a court order to get sofa back

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You can get a re-write - just to make sure that all your previous payments are taken into account (and your rights), take this letter with you:

 

Original agreement number XXXXXXXXXXXXXXXX

 

New Agreement number XXXXXXXXXXXXXXXX

 

Date

 

Updated agreement to reflect Account Re-Set

 

IMPORTANT Payments made previously on this agreement (XX payments to date representing XX of the total amount payable) are to be reflected, and form part of, any revised agreement.

 

All rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement remain intact and continue uninterrupted into any revised agreement.

 

Signed - YOU

(Print name)

 

Signed - Store Manager (for and on behalf of Caversham Finance trading as BrightHouse)

(print name)

 

If your home insurance states that HP items are covered, then they HAVE to remove DLC - I had to ask the insurance company to put this into writing for me - only then did BH accept it and remove the policy.

 

As for the sofas that are in for repair - I would be demanding them back ASAP. Brighthouse are notorious for keeping items for weeks and weeks!!! Write a strongly worded letter to both head office and your branch. 5 months is far too long, and they may well be in breach of their own contracts. On this basis, I would refuse to pay until they return you repaired sofas.......


:)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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I have received a card today through door asking for the full amount owing.

 

on the card its says to discuss the account. But it was 2 guys in a transit van. One was the same guy who came when I agreed to send table and chairs back.

 

I have been on other sites and they state that Brighthouse / Caversham finance can not take goods without court order even if 1/3 has been paid.

Is this the case..

 

Also if they can't resolve the issue they stop chasing after 90 days and the store picks up the cost out of their budget or something.,

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I have received a card today through door asking for the full amount owing.

 

on the card its says to discuss the account. But it was 2 guys in a transit van. One was the same guy who came when I agreed to send table and chairs back.

 

I have been on other sites and they state that Brighthouse / Caversham finance can not take goods without court order even if 1/3 has been paid.

Is this the case..

 

Also if they can't resolve the issue they stop chasing after 90 days and the store picks up the cost out of their budget or something.,

 

Hi.

BrightHouse DO NOT need a court order to repossess their goods if less than a third of the agreement total has been paid.

However, they can only repossess their goods if they are in a public place.

They have no rights of entry to your home.

BrightHouse would have to apply to the county court for a RETURN ORDER to enable them to repossess their goods without your consent.

This is explained more clearly in our BrightHouse fact sheet HERE

Hope this helps.

Cheers

Lefty


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