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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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v8monkeyboy

Threatened by Triton

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I had a call from Triton Credit Services (at 8am!) on 31/7 who wanted me to increase my monthly payments from £80 to £90, and increase which we can't afford. I explained this and was told that they review cases every 6 months and expect an increase in payment.

 

When I told him they had my SOA and they could see there was no more money he became very threatening. I then said I would not deal with them by phone anymore and would only deal with them in writing. The guy on the phone got more angry and told me I would go to court. I explained that I felt he was threatning me and he literally said 'Well, I'll make sure it goes to a solicitor so you pay more' and put the phone down on me.

 

 

I've had no more calls from Triton since I told them I would only deal by letter. However, today I've got home from placement (working 12 1/2 hrs speechless-smiley-040.gif) to find a letter from Triton stating:

 

"The agreed short term repayment arrangement is due for review and as previously indicated we are looking for you to fully repay your debt now, or substantially increase the level of payment. Failure to do so will result in the matter being passed to our solicitors who may then commence one of the following actions:

  • Charging order/inhibition against your assets for the sums outstanding. This may even result in our client being granted possession of your property.
  • Attachment of earnings/wage arrestment. Your employers will be instructed but the Court to deduct a set amount from you salary/wage to repay the balances outstanding.

You will be liable for the costs of legal action."

 

So - I will send my SOA - again. But if it shows that between us my husband and I have £1 left over each month, and that they are getting £5 more than my other creditors can they realistically take me to court? And if they did, would the judge not say that they are unreasonable?

 

As for getting money from my earnings, I get £544 each month as a bursary and that's it. Out of that I pay around £300 in debt repayments.

 

I'm so tired - I've been up since 6am and have worked 11 hrs today, plus 2 hrs driving, and I can't even think what to do.

 

Any ideas gratefully received wink.gif

 

Tracy

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Have you sent them a CCA request to see whether this alleged debt is enforceable? http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter


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Firstly you shouldnt be paying them anything at all..nevermind £80 per month (or £300 in debt repayments per month) :eek:

They have no legal authority to any money off you, only a county court does & that is after all your outgoings have been taken into account, which could be as little as £1 per month to repay them.

Report these clowns to the OFT & trading standards.

Stop speaking to them on the phone & refuse to answer security questions if they phone you.

Insist everything must be in writing only.

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I haven't because I'm not sure of the ins and outs of the CCA.

 

I took the loan out in 2007 (about Jan/Feb) with Tesco, so would it be worthwhile (I will have a look at the link, I'm not just being idle ;))?

 

Believe it or not, this is the first time I've had problems with Triton - they hold other accounts from other creditors and have never said a word.

 

T x

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Firstly you shouldnt be paying them anything at all..nevermind £80 per month (or £300 in debt repayments per month) :eek:

They have no legal authority to any money off you, only a county court does & that is after all your outgoings have been taken into account, which could be as little as £1 per month to repay them.

Report these clowns to the OFT & trading standards.

Stop speaking to them on the phone & refuse to answer security questions if they phone you.

Insist everything must be in writing only.

 

I've been paying this amount for around a year now, with no problems. I defaulted on my Tesco loan and they were the co that took it over. Sorry if I'm being obtuse, but why shouldn't I be paying them?

 

T x

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WELL.

 

May I ask?

1 Did you get an assignment of the alleged debt?

2 Who is the original alleged debt with?

3 As far as you are aware are there any charges PPI

4 when was the alleged debt taken (how old is it)

5 Send away for the agreement and 12 and 2 days it is in default


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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You should not be paying any DCA 1 penny whatsoever.

They have no legal authority to it & just rely on threats & intimidation.

Only the courts have powers to obtain money from the individual & that is only after a process has been gone through etc...

Triton wont take you anywhere near a court coz they know they'd be lucky to get a £1 per month if anything at all & it would cost them money to take you there.

You will also find that their "solicitor" will simply just be another desk in their threat centre ;)

Edited by mr.ton

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Sorry if I'm being obtuse, but why shouldn't I be paying them?

 

Coz they have no legal authority to any money off you, only the county court does.

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WELL.

 

May I ask?

 

1 Did you get an assignment of the alleged debt? I'm sorry - what is that? Is that to do with the CCA?

 

2 Who is the original alleged debt with? Tesco Personal Finance

 

3 As far as you are aware are there any charges PPI - shouldn't be, I did state I didn't want it (I know! I'll check!)

 

4 when was the alleged debt taken (how old is it) - Taken around the beginning of 2007

 

5 Send away for the agreement and 12 and 2 days it is in default

 

Thank you - you are making me less panicky!

 

T x

Edited by v8monkeyboy
Clarity

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Mr. Ton - thank you so much!! and thank you to all that have already replied.

 

The reason I was paying them was because I didn't/don't want a CCJ - I know I've got defaults, but I thought a CCJ (or many) was worse?

 

I am so sorry to be asking stupid basic questions - I'm not home much and haven't had time to read up on the laws etc.

 

Thank you for your patience and help.

 

Tracy x

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A CCJ is only a worry if you want a loan in the next 6 years or a mortgage (even then im not convinced they make any difference personally)..but anyway - failing that, they are a God send as you dictate what amount you pay after all your outgoings are catered for & the DCA is powerless to do/say otherwise.

Its unlikely they'd take you to a court anyway for the reason ive mentioned.

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the main problem with ccj's as I understand them is they reset the clock on a debt, so if the ccj comes 4 years in after default for example, it means a 10 year blot on a credit record.

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NOA

 

THE DCA ARE ACTING ON BEHAVE SO IN FACT THEY CANT SUE IN THEIR OWN,IF YOU HAVE DO NOT HAVE NOA FROM TESSCO

 

So in a fact you can tell to go well i will leave that to YOU.

 

WE HAVE A GOLDEN RULE DO NOT SPEAK TO THESE PEOPLE/

 

OK WELL SEND THE SAR REQUEST TO THAT SHOP.

 

SEND A CCA REQUEST TO POUND LIFE DCA

 

SEE WHERE YOU ARE AND PUT THE ACCOUNT IN DEFAULT AND PAY THEN WHAT YOU CAN AFFORD NOT ONE PENNY MORE

 

TAKE CONTROLL


Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Between you & me (and dont tell anyone ive told you this :p)..but im convinced credit files/ratings are not worth the paper they are printed on.

The whole industry is built up around myths (like DCA's having powers over people) & that is another one of them that we Caggers are chipping away at gradually :cool:

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Ok - things are clearer now - thank you :).

 

If I send off for a CCA and they don't supply it, I know the debt is unenforceable, but then what?

 

And if they manage to send me a copy of the CCA (and how often does that happen?), then what?

 

I was beginning to think that bankruptcy was the way forward as we rent and I have no assets whatsoever, but I wouldn't want it to affect my husband.

 

Tracy

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ahhhh. Scare monkeys scare again! Pay only what you can afford and divide what you can afford on a pro rata basis. That is then clearly demonstrable if it ever goes to court (unlikely) and a judge will concur! If that means only £1 a month then that's what it is...


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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and haven't had time to read up on the laws

 

With due respect, the DCA's thrive off people like you who are not aware of their rights etc....

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OK ONE AT A TIME.

 

GET ALL YOUR DEBTS AND POST ONE AT A TIME START A TREAD FOR EASH

 

WE WILL REDUCE YOUR MONTLY OUT GOINGS,

 

AS Mr ton has advice

 

CCJ in deed look these people do not want to take you to court that is the last thing they want please think about they loose control

 

GOLDEN RULE DO NOT BREAK IT

 

DO NOT SPEAK TO THESE PEOPLE AGAIN

Edited by lilly white

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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And if they manage to send me a copy of the CCA (and how often does that happen?), then what?

 

Makes no difference if they supply you with a copy of the gettysburg address - the principle of everything ive said to you still applies ;)

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Makes no difference if they supply you with a copy of the gettysburg address - the principle of everything ive said to you still applies ;)

 

Thank you - that's raised a smile in an otherwise horrible and stressful day (not just the DCA, the placement too).

 

I will send off the letter for the CCA first thing tomorrow. As for not speaking to them, I said I wouldn't when they called on the 31st hence this letter today.

 

Tracy x

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Sorry - just deleted a post. I misread Mr Ton's earlier post. oops.


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Sorry - just deleted a post. I misread Mr Ton's earlier post. oops.

 

Tell me what you originally said? :mad::p

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:p

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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I misread and thought the "thrives on people like you" comment was aimed at me. As I said, sorry!


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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