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    • Hi there. I finally have a response from Erudio regarding my complaint about this. I included scans of my completed deferment forms for this year and last year but they are saying they won’t accept them and that the debt is now with Capquest. I had a missed call from Capquest this evening (ignored it and blocked the number). They want me to set up a payment plan.    Erudio say this is their final correspondence on the matter.    I know not to engage with Capquest thanks to your advice but I wonder what your advice is for next steps with Erudio. Is this when I go to the financial ombudsman?   Thanks so much. 
    • In post 1, it states the reason why you started this thread...you said you got a letter of claim?   Dx
    • 2nd attempt at defence. if nothing else I am stubborn.   1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number **********   2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured.   3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.     Note: The above is paragraphed by the Defendant.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. The Claimant claims 1739.60 is owed under an unsecured loan agreement with AvantCredit. I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 77 request. The claimant has failed to supply a copy of the signed agreement as per my request dated 04-01-2022 and on 26-07-2022 by recorded delivery and is in breach of the section 77 request.   2. Paragraph 3 is denied. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law of Property Act 1925, allegedly served on the defendant, from either the Claimant and or AvantCredit.   3. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have not complied to my section 77 request and remain in default (and with regards to my CPR 31.14 request). The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim. Remove between the brackets?? or leave   4. Therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974; © show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   as always thanks for all the help T
    • Its being delayed if anything, there are a number of instances where Johnson has made false or misleading statements in parliament .. uncorrected. Videos readily available to all.   Like a thief walking into a shop, grinning at the security cam, then grabbing a a cake and a beer and scoffing them .. all without paying - as the pictures show ...   Pretty cut and dried. Whats taking so long  
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Vatican v IF Visa


hisholinessthepope
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My good wife the mother superior had an IF Visa card. This card we stopped paying back in February 2007 and requested a copy of the credit agreement from IF. They failed to produce one. Blair Oliver Scott also failed and sent it back across the corridor to IF. Then Wescot had a go in January 08. Followed in March 08 by IQOR.

 

Next up was Robinson Way, who warrant a new paragraph, in June 08 after a Formal Demand (oh how we quaked) followed it up in August 08 with a special invitation ** substantial reduction ** special invitation for 30 days only a sustantial discount will clear this debt. Thirty days came and went.

 

Now it was Bank of Scotland who wrote in October 08 and offered 40% off the debt of £2,800ish. Either £1700ish as a one off or pay us £650ish month 1 month 2 and month 3. Oh how we were tempted to rattle the collection plates.

 

Then in July 09 Halifax wrote to tell us they had assigned all of its respective rights, title and interest to Hillesden Securities as of the middle of June 2009. This all arrived in the same envelope as as Direct Legal & Collections letter. And then a solictors letter from Aplins Stockton Fairfax in August 09.

 

Enough for one post story concludes in the next one.

Edited by hisholinessthepope
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So we sent off a pleasant little note to Hillesden and copied in Aplins, it went;

 

I have recently been notified by HBOS that they “assigned all of its respective rights, title and interest in respect of the above referenced account to Hillesden Securities, effective xxxxx”.

I now write to communicate to you my position. In February 2007 I requested a signed copy of the Credit Agreement, this HBOS have failed to produce. I know that the lack of a signed Credit Agreement, in the required format and with the required content, is a fatal breach of the Consumer Credit Act 1974 for creditors.

As requested by HBOS I have made contact with you and advised you that this account is in dispute. In summary;

1) I do not acknowledge any debt for the above account.

2) Any further communication should be made in writing. Any telephone calls will be recorded and considered harassment. Telephone calls will be in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997, and The Communication Act (2003) s127.

3) No one from Hillesden Securities, direct legal & collections or any other organisation acting on your behalf has permission to visit my home. Anyone visiting my home will be considered a trespasser and their action will be immediately reported to the Police.

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After a couple of we will be in touch letters the following arrived from Hillesden - October 08

 

1 The original lender has been unable to supply a copy of the original agreement, however please find enclosed a true copy of the agreement which complies with your request under section 77-79 of the Consumer credit Act 1974.

 

2 Due to the above, we will not continue with any proceedings on the above account at this stage; however, should the documentation become available we will notify you accordingly.

 

3 Although we are unable to enforce the agreement at this time, the default will remain on your credit file until the debt has been satisfied.

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I have posted all the above just to let others know what happens and how the road runs over two and half years.

 

I myself also have an IF Visa account with a "debt" of just under £10K it is also with Hillesden, they have yet to tell me no credit agreement for this account. But I am sure they will eventually lol.

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