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    • 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?
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[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.
    • 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.   
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sali11

Community organisation debt

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Hi people, I have just found this great site and was wondering if you could help me with some advice.

 

The situation is that I was treasurer of a community organisation and resigned in 2004. The community organisation wound up in 2006. I have recently had a debt management agency send me a request for payment of 5K which jumped to 10k the next month. This was for a printer which was on hire purchase by the organisation from 2005. Hopefully I have solved that by proving that I had resigned in 2004. But in my time as a treasurer I signed an agreement to purchase a telephone system for the organisation. I have been hounded by several debt collection agencies from last year about this and they have have held off. I have just got home from being away and I have been sent a statutory demand dated 1st July 2009. From other letters received around that time one dated 29th June says that I have until 5 days to settle the debt or reasons etc from the debt collection agency.

 

Now I am unable to fathom how I, a volunteer treasurer of a community organisation who signed an agreement on behalf of the organisation, can be held personally lliable for that debt. When there are other people who came after me,were responsible to the organisation and to its finances.

 

Any advice on what I should do? or how to set aside this demand?

 

Thankyou in advance

 

Sal

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sali,

 

Since the agreement was in writing (you signed it), the answer to your question should be found by examining the identity of the parties recorded upon the agreement in question. You say you signed the agreement on behalf of the organisation. If so, the agreement should say as much and record that you signed in your capacity as treasurer and not as one of the contracting parties.

Have a look at the agreement and read this post about service of statutory demand's by post. Then get back with any more questions.

x20

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It is more complicated than just establishing whether you signed on behalf of an organisation. If that organisation did not have limited liability in some form (most likely by guarantee for a community organisation) then the members are likely to have joint and several liability. This would mean that any creditor could go to any member of the organisation for the debt - it is then up to the member to join other members to any action (or to sue them subsequently).

 

Do you know what the status of the organisation was? Do you have any documentation about it - like a set of articles or a constitution?

 

This is quite a complicated area of law and there are lots of issues around whether you ceased to be liable for debts when you ceased to be a member - mostly to do with timing, contacting creditors and getting indemnity from the remaining members.

 

If it turns out that you are liable as a member of the organisation, then your best bet (and I know this isn't very nice) is to tell the debt collectors the names and addresses of as many other members as possible (preferably ones who were members when the contract was signed) - they may then be joined to any action and share any liability with you.

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sali,

 

Since the agreement was in writing (you signed it), the answer to your question should be found by examining the identity of the parties recorded upon the agreement in question. You say you signed the agreement on behalf of the organisation. If so, the agreement should say as much and record that you signed in your capacity as treasurer and not as one of the contracting parties.

 

Have a look at the agreement and read this post about service of statutory demand's by post. Then get back with any more questions.

 

x20

 

 

X20 agreed.

 

She has resigned, including all ties to the position and contacts. I'd write back and tell them to go jump. I would be very hard to stick in the court.

Send them a letter asking for a breakdown on the debt and charges. And put that you do not recognize the debt.

 

trooper68


Trooper68:)

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Thanks for your support so far people. I have just spoke to the debt company and he has sent me the agreement that was made out and the subsequent letter that was sent out requesting payment. The agreement is addressed to the organisation but with me signing as treasurer and another signing as the manager (employee) of the organisation. The letter asks for 400 and the debt company want 1400. This is from several years ago. I have been threatened with added costs from the debt company if I go ahead and apply to have it set aside. I have read all the literature about setting it aside and don't know if I should go for the interest too high or that I am not responsible for this debt or can I put both in? Also can I hand in letters as proof?

 

Thanks

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Thanks for your support so far people. I have just spoke to the debt company and he has sent me the agreement that was made out and the subsequent letter that was sent out requesting payment. The agreement is addressed to the organisation but with me signing as treasurer and another signing as the manager (employee) of the organisation. The letter asks for 400 and the debt company want 1400. This is from several years ago. I have been threatened with added costs from the debt company if I go ahead and apply to have it set aside. I have read all the literature about setting it aside and don't know if I should go for the interest too high or that I am not responsible for this debt or can I put both in? Also can I hand in letters as proof?

 

Thanks

 

 

Ok, fist never ever speak to them on the phone, they will promise you the moon, but nothing ever happens as they say.

Do everything by letter (reg it).

 

Send them a letter ( i think it is in the templates area) stating you do not know of this debt. State that you have resigned put in the date.

 

Then I would SAR them, this will should give you all the info they hold on you, you may find that the robin gits have got your name from a document and hooked you.

 

YOU ARE NOT RESPONSIBLE FOR THIS DEBT.

 

Who is this DCA?

 

Trooper68


Trooper68:)

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I still maintain that you may be liable for the debt - I know it doesn't sound very fair (although it wouldn't be very fair if you could just set up an organisation, order goods and then fold the organisation without any liability - which is why banks always require some sort of security when lending to limited companies etc.).

 

However, x20's point about checking whether the SD was properly served is a good one. The main point being that you can get a good idea about whether the DCA are really serious about bankrupting you.

 

In terms of getting an SD set-aside, you have already told the DCA that you dispute the debt. That is enough for you to establish. Furthermore, you might want to point out to the DCA that they will be liable for costs and damages if they do continue along this tack as it is clearly an abuse of process. You are disputing the debt so they need to resolve the matter (in the county court) before they can consider petitioning for bankruptcy.

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Hi guys

 

thanks for all your help and advice so far. I have got a court date in September. The DCA rang me and 'advised' me to get a solicitor or try and settle before the date. Obviously I am going to the hearing, I was just wondering what I should expect?

 

Regards

 

Sali

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