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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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Ok, deep breath.

 

I have a debt (not a CCA one) originally for £640. I paid off £300 in a lump sum and I offered the balance at £10 pcm due to financial hardship.

 

That was rejected they took me to court.

 

I defended on the basis I could only afford £10 made the offer of payment. I admitted the debt, but defended the court costs saying it was un necessary.

 

Defence got thrown out and judgement by default. £479 +£150

 

I sent in an N245 for redetermination

 

They got it transferred to the High Court for enforcement.

 

HCEO turned up despite the N245, spoke to my parents about it (I live with them) and left a letter demanding £979

 

I wrote to the HCEO explaining that, since my marriage break up, I live with my parents and have no possessions other than clothing bedding and work tools.

 

N245 rejected without hearing - the solicitors had submitted a long statement as to why it shouldn't happen, I didn't realise it could be heard without a hearing so I didn't do the same :-( - I objected and a hearing was set.

 

The N245 hearing wasn't transferred to my local court as it should have been and I was unable to afford to travel to the court so it was thrown out.

 

HCEOs involved again I travel to the High Court make an application in person in front of a Master and get a stay of execution with a hearing date set for a early August.

 

I also wrote to the orirginal court asking for my original application to be re-instated and transferred as it should have been.

 

HCEO ignoring all the above, called at my parents' home and I have got a Notice of seizure - seixing my parents' cars (which I had already informed them weren't mine) and a Walking Possesion agreement obviously not signed by me.

 

 

HELP!!! what do I do now

 

At the moment the original case has been transferred to my local court for a hearing on my application for a redetermination.

I also have a stay of execution from the High Court with a hearing date set with a Master.

 

My elderly parents are obviously sick with worry and I'm not too good either :x

 

I do hope someone can help


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Is the house owned by your parents?


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Is the house owned by your parents?

 

yes, I wrote to the HCEOs explaining that I live with them the house and everything here apart from clothing bedding and tools for my job are theirs.

Edited by gh2008

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I would appreciate some advice as to what I need to do.

 

The baliffs turned up whilst I wasn't there and posted the walking possession order through the door. As I said it lists my parents' cars even though they knew they weren't mine.

 

Before this action they also knew that I had applied for and been granted a stay of execution.

 

So I am now in the position of having a stay of execution, a redetermination hearing at my local court due, a hearing at the High Court due in a couple of weeks and yet the Baliffs are just carrying on as though they are a law to themselves.

 

They have also added over £600 in charges even though all their visits have been whilst a stay was in place !!!

 

One other thing - I have sent payments totalling £50 to the claimants however they have been rejected and returned.


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They can't take whats not yours and that includes the car's

 

I would contact tomtubby on here as she is the bailiff expert and will help you it's her business so she knows what to do

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I took advice from TT and my own solicitor on a similar matter.

 

since the property is not yours the bailiffs cannot touch a thing, however this doesn't mean that they wont still try it on and may even take goods leaving you and your parents to sort it out.

 

If they know 100% that the premises and its contents do not belong to you then they cannot touch anything at all as it would leave them liable to legal action

 

My G/F moved in with me and soon after Rossendales appeared demanding council tax arrears for her, from a previous year. this is my house and with the exception of a few personal items and her sons bits and bobs, the contents of the house are solely mine as well

 

She sent the standard letter stating that she disputed the debt etc

 

My partner at no time refused to pay but offered interim reasonable payments while she contacted the council which they of course refused to accept

 

I sent a letter confirming that the house and its entire contents belonged solely to me and that as I carried no liability for the debt, they couldn't touch anything. At no time did I say that my G/F didn't live there, only that the house and its contents were solely mine

 

They continued to send threatening letters to my G/F

 

on TT advice I obtained a Statutory Declaration which identified the items within the house which belonged to me, my solicitor countersigned.

 

The too-ing and fro-ing continued but every time they wrote a threatening letter to her, I wrote one back telling them that if they attended my property after being informed of its status I would take actrion against them for theft/criminal Damage/Tresspass etc.

 

It was only after they sent me a letter asking me to provide contact details for my G/F that eventually they were forced to return the account as there was no way they could enforce the debt at my premises.

 

A letter from your parents following a similar vein may be of assistance.

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Your parents need to write to the bailliff and the court declaring that all property belongs to them ( Include proof if they can).

 

Is this county court bailliffs?

 

If so they are easier to deal with than private firms, and are much more reasonable

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Your parents need to write to the bailliff and the court declaring that all property belongs to them ( Include proof if they can).

 

Is this county court bailliffs?

 

If so they are easier to deal with than private firms, and are much more reasonable

 

I have already written to them stating that the property and everything in it apart from my clothing bedding and tools etc for my trade belongs to my parents.

 

I have also written to them informing them of the stay of execution.

 

They don't seem to care & just carry on regardless .....

 

They are High Court Enforcement Officers, collecting on a County Court CCJ

 

I need to know whether the WPA is legal or not, they levied on property they knew wasn't mine, left it unsigned and shoved through the letterbox, whilst there was a stay in place AND whilst an application for redetermination was open.

 

In fact every visit by them (3 now) has been either when an application was waiting to be heard or a stay has been in place :mad:


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I need to know whether the WPA is legal or not, they levied on property they knew wasn't mine

Notice of seizure - seixing my parents' cars

definitely not a legal walking possession agreement photo copy the v5

send them photo copy and ask them to remove all charges conected with this

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gh, Whats the name of the hce firm trying to collect this?


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