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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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      I was in Sainsbury’s today and did scan and shop.
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I have been doing alot of reading on this forum over the past couple of days but am still unsure of where i stand regarding some matters.

 

Firstly i have Jacobs chasing my and my missus for a council tax debt.

 

Now we have a "Removal Of Goods" notice put through our door on the 7/7/09.

 

The ammount the council are chasing is £249.12 and the bailiffs are wanting £320.24

 

Also at the bottom of the notice it also states that we arent allowed to pay our debt directly to the council?

 

The bailiff in charge that has signed the document isnt on the website check as a certified bailiff either.

 

Plus also they have put in writing that they will charge £2.00 on debit card payments and 3% on credit card payments (which has been shown on a previous thread to be not allowed either).

 

The missus set up a payment plan with them for £20 a month, but they are saying its cancelled as she hasnt paid (which she has paid as we have bank statements to prove it).

 

So just curious as to where i can go with this and if the charges seem about right?

 

Cheers

 

Dan

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Guest Old_andrew2018

Bump

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Magistrates bailiff fee from 1st april 06 debit card charge £1 and credit card charge 3% and i would send the bank statement (minus account number) to the bailiff as proof with a strong letter saying if they keep chasing you for a debt thay you are already paying you will have them for Harassment.

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Right i will do. Adding this one to the other one, but sending them a strongly worded letter telling them i am disabled and that they shouldnt be attending here.

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No, the missus works and so we dont qualify for assitance there.

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Sorry i meant with housing and council tax help, i do get DLA mobility higher rate.

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Sorry i meant with housing and council tax help, i do get DLA mobility higher rate.

 

Just because she works dosn't mean you cant get it, if her income is less than£12.500 then you should apply for both it is a mith that if you work you can't get it.

OK i would send that letter you must put Complaint at the top

 

say you are not refusing to pay this but as you are on DLA and higher rate mobilaty you know you are classed as Vulnerable by law and then give them the rest of your complaint and give them as much brown stuff as they give you.

along with the bank statement

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The main problem we have found though, is all of the stuff from the bailiffs is in her name, so we dont quite know if my vulnerability comes into it at all, as they are coming in her sole name.

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is she your wife if so it is also yours and is your name on the CT

who's name is on the first court order?

Edited by lets fight bailiffs

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No, we are actually divorced and my name is not on the CT. However the council know i am living here if that makes sense?

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Guest janensteve

In answer to your heading "where do i stand"

 

Under your feet ?

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