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    • I've added the particulars for easy reference which helps when drafting a response. You must either admit deny or question every paragraph in the claimants particulars. No response is taken as an admittance by the court.  
    • Sorry but I have been out of the loop on this for a while. I'm trying to get back and I'm going to have a closer look later on today. However from what I understand so far – and from other cases which I have looked at on the Facebook page, it seems to me that your contract is with the insurer. They are responsible for everything. I would refuse to sign anything with kinderton at this point and if they want to reply then they have to be told that your contract is with the insurer and everything will be done through them – and that you have no legal relationship with kinderton and no legal obligation and no legal responsibility towards them, kinderton. This would be my starting point. By trying to get you to sign directly with them, they are trying to establish some legal/contractual responsibility/liability to you – and as far as I can see, there is no legal basis which entitles them to do this. If this is what they want you to do – then this is certainly what you should avoid doing. If it is good for them then you can be pretty certain that it is bad for you.
    • N120  https://assets.publishing.service.gov.uk/media/601bc2fee90e0712851bfd75/n120-eng.pdf
    • OH has received another call from Kindertons requesting a signature. He once again requested in writing that he was not liable for any costs as he has been told from the beginning. The woman insisted he would not. He asked her hypothetically what if Kindertons take the other party to court assuming they won't pay the hire charges, who would then be liable for the court fees and hire charges would it be him? The woman who apparently sounded like she was reading from a card replied not him. An email has now been received from Kindertons. I would be grateful for advice on this matter bearing in mind no forms have been signed. Good Morning Please keep this email as confirmation that no costs will be charged to yourself for the cost of the Hire. Whilst you are liable for the hire charges Kindertons indemnifies these losses. The third party insurer will pay the hire charges and if for any reason the charges are not paid Kindertons will not pursue you for payment of these charges. The only exception is if you knowingly and wilfully mislead us or actively fail to cooperate with our attempts to recover the hire charges from the third party insurer. If you would look to sign the outstanding Hire agreement it would be gratefully received. Many thanks
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Lloyds Credit Card - valid CCA, then settlement offered.


allets
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Just an update on this continuing saga.

From the previous postings on this topic, re letter from Lloyds, then a reply to them, letter from SC & M and a reply back to them, see below:

 

Another demanding letter appeared through the letterbox today from MHA Collections.

 

Do these people ever give up? Or is it a tactic which mainly pays off for the people who do not know of this forum?

I am sure though that as more and more of the general public find out about this forum, it just creates a larger and larger headache for the OC's and DCA's.

 

This is the reply I am sending to them, which is what I sent to SC & M, obviously amended with new address and date, etc.

 

2009-02-26 SCM reply to my offer letter.pdf 2009-03-25 LLoyds debt MHA letter.pdf

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  • 3 months later...

Hello fellow Caggers.

I sent for and received a valid CCA for my credit card back in March.

Surprise surprise, because it was valid, it was received in the specific timescale, with all the details correct. Now if it was invalid, I would still be waiting for it (like most of the other creditors I am dealing with). Anyway I digress.

Yesterday I received a full and final settlement offer without prejudice of £4,700 ( I owe them just over £9,000) provided I pay it within the next 10 days.

I am currently paying them £25 per month as arranged for the next 6 months.

It does seem tempting but as I can't afford do pay this, then I will be declining the offer.

Does this seem a good deal and would there be any strings attached?

Could I make them a lower offer? If I could manage to wittle them down to 10% I might be able to manage to pay that.

What do you think?

 

Regards,

Allets.

 

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Well you havent got anything to lose by putting forward a counter offer have you?

 

I would try it and see what they say.

 

Write them a letter telling them you cant afford £4,700 but could pay the debt off if they were willing to accept a f and f settlement of £1,000 (or whatever you can afford). Alternatively you will continue to pay £25 and you dont see your financial position changing in the foreseeable future.

 

Remember to add the condition that it is removed from your credit file too.

And make sure that you sound confident and in control and give them a deadline to respond to you or the offer will be withdrawn.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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  • 13 years later...

An update to this long running debacle.

 

I CCA'd the current DCA ( IDEM) back in May 2022 as with other debts and increasing gas, electric, etc I was struggling to pay the monthly payment to them.

 

Nothing was heard after the deadline for a response, so I left it at that.

 

I received a letter from Hoist Finance stating that they had taken over the Debt from IDEM and should resume payment to the account.

 

I then replied back to them (Hoist Finance) that I request a copy of my CCA, this was at the end of October.

I received a reply on 12 November 2022, stating that they will contact me when they can provide me with a response.

 

Sure enough I got a reply yesterday along with a copy of my CCA. 

 

All the details seem correct along with my signature and date ( see attachments).

obviously I have deleted all information, but everything is crystal clear on the document I received.

 

How do I proceed with this?

 

If anything, it has given me a break from payments since June, but I was hoping for a better outcome.

Regards,

Allets.

 

hoist CCa return.pdf

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  • dx100uk changed the title to Lloyds Credit Card - valid CCA, then settlement offered.

that's not a CCA ...it's an application form that does not have all  the required prescribed terms etc to make it a CCA .

 

shame you assumed 13 yrs ago that was enforceable, you've been a nice cash cow to various DCA all theses years, no wonder they sold it on, here you have some free money, this mug has been coughing up nicely to use for 13yrs...

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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FWIW a set of T&C's are NOT a replacement of the prescribed terms which must appear within a CCA regulated agreement.

 

that CCA is an application form devoid of all the necessary prescribed terms

 

you've been had, wrongly assuming it met enforceability....cash cowed.

 

dx

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thread tidied

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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god no do not ever tip them off.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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