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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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sinstar

Wescot/Lloyds TSB

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I have been receiving "threat-o-grams" from Debt Managers LTD, Scotcall & Wescot regarding a supposed debt to Lloyds TSB for approximately £450. I had an overdraft with Lloyds TSB but this was paid off in full (using a student loan installment paid into the account) and I then opened a new account with Bank of Scotland (Lloyds TSB were refusing to give me a student account because they said my HND college course didn't 'count', ha. Despite the regular payments of student bursary & student loan into the account). Since then there have been no payments into the Lloyds TSB account, and no withdrawals, I also didn't have any direct debits etc at all.

 

I imagine, if this debt even does exist (I have heard nothing from Lloyds TSB regarding the account, 2 years ago I moved address though and didn't give them my new one, I didn't see the point as the account wasn't active at all with a balance of £0 as far as I am concerned and I had no plans to ever use it again) that it has built up somehow starting from an unpaid bank charge I wasn't aware of. I can't think of any other explanation.

 

I ignored Debt Managers LTD, but Scotcall (I'm sure it was just Debt Managers LTD in disguise though) started threatening doorstep visits, and as I am living with my boyfriend & his parents I thought it best to do something, so I sent them the following via email:

 

ScotCall Debt Collecting Services

Spectrum Building

3rd Floor

55 Blythswood Street

Glasgow

G2 7AT

 

enquiries@scotcall.co.uk

 

Dear Sir/Madam

 

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

 

Ref: ********

 

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

 

I would point out that I have no knowledge of any such debt being owed to ScotCall Debt Collecting Services/Debt Managers Ltd/Lloyds TSB Bank PLC.

 

I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

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

 

Please be advised that I will only communicate with you in writing. Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. Should it be necessary, I will obtain an injunction.

 

I 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. 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 await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

They gave up fairly quickly, replying the next morning:

 

Good Morning

 

Thanks for attached, in view of the content we will return this account

to our client and you should hear no more from ScotCall concerning this

account.

 

S White

 

Ahh, I find the fact all their pretend employees are named after colours amusing.

 

I didn't hear anything else about the matter until recently, when Wescot started writing to me, and calling the house as well (no idea how they got the phone number). Now my boyfriend's parents know about it, which is embarrassing, but they agree that demanding money without explaining what the debt is supposedly for is ridiculous. If someone came up to me in the street and demanded £450 without explanation, I'd tell them to take a run & jump.

 

So I sent the following to Wescot by email & also in letter form for them to sign for:

 

Payments Office

Wescot Credit Services LTD

PO BOX 137

HULL

HU2 8HF

 

Dear Sir/Madam

 

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

 

Ref: ***********

 

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

 

I would point out that I have no knowledge of any such debt being owed to Wescot Credit Services LTD or Lloyds TSB Bank PLC.

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.I DO NOT give you permission to contact me by telephone, and request that my telephone number is removed from your records immediately. If telephone calls to me do not cease, you will be in breach of the Protection from Harassment Act 1997. If you harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and the Office of Fair Trading, meaning that you may be liable to a substantial fine.

 

Please be advised that I will only communicate with you in writing. Should it be your intention to arrange a doorstep call, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. Should it be necessary, I will obtain an injunction.

 

I 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. 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 await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

Rather infuriatingly they replied the next day with the following:

 

Good afternoon

 

Thank you for your recent communication.

 

In order for us to continue with your enquiry, it would be most helpful if you could confirm the last three addresses that you have resided at together with the dates you vacated.

 

Our offices are open from Monday-Friday 8.00am to 9.00pm, Saturday 8.00 to 4.00pm.

 

We look forward to hearing from you within the next 7 days.

 

Yours faithfully

 

Kerry Wall

Accounts Controller

 

Obviously I'm not going to do their own jobs for them, but I'm not entirely sure how to approach this & what to say in reply - any suggestions?

Edited by sinstar

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Just ignore them, the onus is on them to prove that you owe the debt and that they have the right to pursue. You do not have to provide any details whatsoever, they have contacted you assuming you are the person indebted to them, now they must 'put up or shut up'.


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After a bit of reading, I decided on the following:

 

Payments Office

Wescot Credit Services LTD

PO BOX 137

HULL

HU2 8HF

 

Dear Sir/Madam

 

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

 

Ref: ***********

 

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

I would point out again that I have no knowledge of any such debt being owed to Wescot Credit Services LTD or Lloyds TSB Bank PLC.

As per The Office of Fair Trading Debt collection guidance - Final guidance on unfair business practices - dealings with debtors are not to be deceitful and/or unfair.

The following are deemed to be unfair:

 

  • failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued
  • requiring an individual to supply information to prove they are not the debtor in question
     

Therefore I will not be providing you with any information about myself, such as previous addresses.

 

The Office of Fair Trading Debt Collection Guidance also states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. It is unfair to pursue third parties for payment when they are not liable. 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 would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

 

I hope to at least get them passing it about a bit more, hopefully some more gaps with no contact from any DCA, until I can get my own place in a few months. That way they wont call/send letters to my boyfriend's parent's house, they can send them to mine, and I can go about my business ignoring them completely.

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oh the joys of being on a phishing list!

 

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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