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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. 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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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lixiangmier

Letter from a debt collector to chasing debts!

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hi, i am a new one here. hope someone may help with some advice.

 

today i got a letter from some debt collector chasing over 1000p. however they didn't show what it is.

 

do i need to write back to require the original debtor's statement or contract? will cause any further problem since they said i needed to contact and pay immediately, otherwise it will be brought to the court....

 

if i can require the statement, is there any format i can use? thanks!

 

13/08/09: I wrote letter for any proof as suggested by some kind person here. i got replied now and ask for £1 for the statement back to 2006 and call them for method of settlement. Shall I pay this or just replied to refuse payment and request the statement?

 

any suggestion? Thanks.

Edited by lixiangmier
RENEWAL! 13/08/09

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Hello and Welcome,

 

What company is it ?

 

If you do not recognise the debt, send them this.............

 

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Send it recorded and don't sign it.

 

 

Regards.

 

Scott.


 
 

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thanks for your reply. it is quite useful.

 

i am trying to think what it would be, but not so sure. the debt collector is First revenue assurance on behalf of Arrow Global LLC. i don't recognize this company at all. so i guess the original creditor sold the debts.

 

so, i can send the letter you posted above to require an evidence, right? so if they have evidence, and i recognize afterwards, it is still ok to settle the debt or whatever other action if not recongnize?

 

do i have any time limitation to sort this out?

thanks.

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This is only the first stage. If they have any proof there is a debt, then you have to look at what kind of debt it is, how old it is and whether or not there is an enforceable agreement. Wait to see what they send back and take it from there. Also, Golden Rule - never speak to them on the phone - they will only bullly and harrass you.

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sounds like a phishing letter to me

 

i'd ignore it

 

remember that dca's have NO LEGAL POWERS

 

all they can do is send threat-o-grams

 

if, maybe, might, could, possible, look at

 

if see any of those words then they're just phishing frrom a list they have brought

 

if you answer it you'll just alert them to a live bait mug to con and you'll get even more letters

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi i got replied to my request of proof of debts, and was told to pay £1 for statement and call for discussion of settlement method.

 

shall i pay or write back to refuse to pay but still request proof of debts?

 

thanks.

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Send them this recorded delivery; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter include a £1 postal order & do not sign the request.


Anthrax alert at debt collectors caused by box of doughnuts

 

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The statement of account is FOC, cheeky beggers :rolleyes:


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is it reasonable to request me to pay for the proof?

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You'll save money in the long run sending the CCA request otherwise you could end up in a game of postal ping-pong racking up the charges on postage.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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thanks. i will send it tomo then. if £1 can save time..cheers

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i had sent £1 and letter requiring a statement from the origin debter. but almost a month passed, there is not any reply.

 

then what will happen next?

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You don't have to do anything until they respond.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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