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    • Can someone please advise on how to upload picture.  I’ve taken a photo of the first page of claim form and converted to pdf but it saying file too big. It’s only one page
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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If an OC ask for money and you ignore - you then get this OC's 'in-house' collector hassling you - is the inhouse collector then a dca or not? Is the inhouse collector allowed to default you etc\/

 

Is the inhouse collector then part of the OC or separate company. think most inhouse collector have set themselves up as separate legal entities so the inhouse part doesn't really apply then does it - it's the same as any other dCA?

 

I have Mercers in mind. They apparantly are barclaycards's inhouse collector but then again they are a separate Ltd.

 

Then we have other DCAs which may not be separat legal entities to 'mother' company?

 

Can anybody then explain what difference is - if any? Also how does this ffect sar, cca or anything else?

 

At moment I have Mercers assling me but I do not want to reply to them. Debt not sold to them nor passed on. Had no news from Barclaycard so do not see why I should reply to Mercers if that makes sense?

 

Also added to that Mercers now writen to say they 'will' a local dca to collect payment. is that allowed? - they 'will' and to 'collect' payment rather than 'may' and 'discuss'???

 

Also should Barclaycard not have warned me that Mercers would be writing / hassling?

 

Have noticed that Mercers say that they have not been able to 'contact' me which is no quite true - I just have not replied.

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I've got alleged debts, please provide proof of claim!!!!!!!!!!

[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

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"I just say what I say because everyone is entitled to my opinion!"

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SHOCKING!!!!

 

Faced with mounting debts and a two-year-old daughter to care for, James Smith felt forced to consider drastic action. So the British nurse has been advertising one of his kidneys for sale on the internet."

 

How, can anybody be put into this situation?

 

Good Grief, what has is come to when people even contemplate such things?

 

Holds head in hands...:(

 

Is GB/UK really akin to a third world country?

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Is a NOA basically the document that notifies you that a dca had bought a debt.

 

Which party sends it?

 

When do they have to send it and how (in person / registered post?)

 

Does it have a set layout / wording?

 

Are there other types of 'assignments'?

 

How can a OC or DCA mess up this part of the process - if at all? Any snippets of a law anywhere that clarifies?

 

Thanks.....

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The law covering assignments is the Law of Property Act 1925 S136. It's not that DCAs get it wrong - they and the assignors just don't bother about it at all. You have been around long enough to know now that consumer law is of no interest to banks and DCAs - they just do what they like in the hope the customer won't know any better.

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This is a tragic story and just proves how desperate people are, in these terrible times.

 

Although I have never considered this I have sold plenty of my homely possessions this year after I was made redundant just to get by.

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Sorry for any problems caused i was just trying to help, Ive been looking for a template letter for request for a NOA myself,but could not find one so i picked this from another site. Is the information in the above post completely incorrect Then?

Thanks

BB

Blue Boo 1 - First Direct 0 :razz:

Blue Boo 1 - Global Debt recovery 0:razz:

 

Ongoing

Boo V GDR - Acc Disputed complaint made :confused:

Boo V 1st Credit -Acc Disputed complaint made:-x

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Is a NOA basically the document that notifies you that a dca had bought a debt.

 

Which party sends it?

 

It has been said on CAG, that either party can send it. I would have thought personnaly that the original creditor would have tro send it. If I sent you a letter stating that you had to pay me now instead of MBNA, would you?

 

 

When do they have to send it and how (in person / registered post?)

 

I beleive it is supposed to be sent registered post.

 

Does it have a set layout / wording?

 

Unsure

 

Are there other types of 'assignments'?

 

I beleive the 2 types are simple and absolute. The first can be returned easily to OC, if it does not pan out.

 

How can a OC or DCA mess up this part of the process - if at all? Any snippets of a law anywhere that clarifies?

 

Thanks.....

vint

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thanks one and all.

 

Pinky - yes I have just about realised that they all do what they want regardless but I do like to keep 'on the ball' regarding whether they are flouting some law or another - it all adds up for the defence for when I need it in court if at all.

 

1925 law eh.... lol

 

any clues as to where I should look within that Act? ( Law of Property Act 1925 S136)

 

should NOA go from OC to the DCA they sell it to or to me?

 

How come an OC can sell it to a DCA and then get it back again? Does that mean they sell it back or sale is 'reversed' ie void?? Is that then another NOA each time it is 'sold'?

 

am very confused.

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Well it couldn't be done in this country, it's illegal to sell organs in the UK.

 

I have a heart available, one owner; 75% working, but one leaking valve.

Also a pancreas, but it will make you diabetic as it produces no insulin. ;)

 

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"...........we can, of course, consolidate all of your loans into just one brain" :lol:

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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Should I be getting monthly statements once an OC has defaulted the account? It seems I'm getting statements off some OCs and none off others. Some are adding late payment fees still. Some have written to say they have terminated account and still they put in late fees eg RBS / Mint. They have all defaulted the accounts as far as I know. (Need to SAR Eexprian to find latest).

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