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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      
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    • 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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Big_Bother!

Bank has added Statute barred debt to credit file

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Hi All

Just when I thought that it was safe to go back into the water - I find that my bank has added a Default to my Credit File. Now the strange thing is that it is supposed to be for a loan taken out with them in 2002. I do not know anything about this loan. It has only appeared in the last month,

I have had no contact with them about this supposed debt- I did not bank with them in 2002 and the address that they linked the debt to I did live at but not in 2008! So can I sue them for deformation of character, libel and slander just for the hell of it?

Thanks all in advance.

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First I would make a CCA request for an agreement and state clearly in the letter that you have no record of ever having have a loan with them. Find out if they have an agreement and whose name/signature is on it.

 

Either they will have no record of the agreement or it will have someone else's signature on it. Then you can threaten to sue them if they do not immediately remove the negative record.


Working to help set people free from debt.

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Hi Debtdeception

Yes I was thinking along those lines but I shall have to call into the bank tommorrow to get the right address. Thing is the loan seems to have been taken out with their offshore finance division! (for high rollers?) methinks a bit of ID theft?

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if they don't play the game and remove it,I personally would go to town on them


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Personally I would not waste even £1 on a CCA. You need to send the 'bemused' I do not recognise this account letter with a CC to all 3 CRAs.

 

Is the bank still your bank?


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

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The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I would also complain to the CRA and advise them that as the information they have posted on your file is incorrect You are seeking legal advice regarding a claim for defamation. as they are obliged to prove that their information is correct and not just blindly accept that the creditor is telling them the truth.

 

Given that they have just had their ar@es well and truly spanked in court, I would reckon you'd grab their attention


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I have just had a memory flashback! I just had a senior moment!

The loan was with Blackhorse, for a car. When I traded up, the loan was paid off. I cannot prove this as a lot has happened since 96/97. I think LLoyds got hold of it when they took over the prancing horse. Quite why their offshore division got hold of it I do not know. They have not been in touch with me over this at all at any address that I have lived at since then and I have banked with them (but not at that time) so they know where I Live - The credit file shows the default at an address I left two years ago.:confused: I feel a bemused letter coming on followed by a visit to my advisor at the disability centre that I use! Thanks for the advice one and all!

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They are not supposed to register a debt once it is time barred

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Deleted my misleading and confusing comments! BB tells BB how to use a computer!;)

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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That's a LOT devious doing that to someone for an alleged debt from the 90s :eek:


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

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I was of the opinion that any new default must replace the old one -ie at the exact same date,not a new one for when they took it over.....so if it was a statute barred debt to begin with,the default would not show up on any search as it would be more than 6 years ago


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in fact,the more I think about it,the more I'm sure that National Debtline were talking out of their rear ends Bazooka

 

if they can't take it to court,how can they default you in the new???


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I was of the opinion that any new default must replace the old one -ie at the exact same date,not a new one for when they took it over.....so if it was a statute barred debt to begin with,the default would not show up on any search as it would be more than 6 years ago

 

Yes LTWFT you are quite right, It would appear my elbows cut and pasted the wrong piece of info:-x

 

As you say once a debt is SB, the dates cannot be changed to suit the sale of the debt and then placed back on your CRF for another 6 years then sold again and re-entered on the CRF as an adverse entry, as once it becomes SB the time limit for placing the adverse info on your CRF has run it's course.

 

I'm going to have to fine tune my elbows, and do another college course:p


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I'm sorry but the last people I would take advice from on this issue is NDL cos they are wrong, check with the OFT a debt OVER 6 years old cannot & should not be registered with a CRA We are told by the CRA that all adverse data is removed after 6 years. If these **** could do as NDL suggest then there would be no end to it.

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I'm sorry but the last people I would take advice from on this issue is NDL cos they are wrong, check with the OFT a debt OVER 6 years old cannot & should not be registered with a CRA We are told by the CRA that all adverse data is removed after 6 years. If these **** could do as NDL suggest then there would be no end to it.

 

Yes you are right, the confusion was my inability to correctly cut and paste the right part of the advice i had been given by NDL, so I am very sorry if this has led to any confusion on SB debts.

 

Once a debt becomes SB it then remains SB whatever then transpires, and as it is SB it has passed it's 6 year 'use by' date and therefore cannot be placed upon your CRF as an adverse entry, regardless of how many times DCA's want to play pass the hot potato with it:D

 

Sorry if i have caused confusion:(

Edited by Bazooka Boo
Night school for me, to learn to type!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It's ok Boo just go and edit your post if you haven't already :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Yes you are right, the confusion was my inability to correctly cut and paste the right part of the advice i had been given by NDL, so I am very sorry if this has led to any confusion on SB debts.

 

Once a debt becomes SB it hen remains SB whatever then transpires, and as it is SB it has passed it's 6 year 'use by' date and therefore cannot be placed upon your CRF as an adverse entry, regardless of how many times DCA's want to play pass the hot potato with it:D

 

Sorry if i have caused confusion:(

 

That's OK just go & sit on the naughty step ........... getting us all worked up......again

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That's OK just go & sit on the naughty step ........... getting us all worked up......again

 

I would if I had one, but it's been collected:p

 

Boo;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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HuH!:confused:

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His doorstep ;)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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