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    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
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    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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Cca Requests ?????


Mr Worried
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Hi To All

 

As you know I CCA'd various companies on the 16th Nov, I have recieved another reply.

 

It is ref my cca to MHA ( Slough ) they were acting on behalf of Lloyds TSB. now I have a letter from Lloyds saying,...Thank you for your recent payment, Unfortunatley we are unable to accept this payment as you have asked us to credit an account we do not manage please find you £1.00 PO enclosed.

 

If you have any other queries then please contact Lloyds TSB for further information.

 

......................

 

Can any body explain their response?????

 

Mr W

Regards..Mr Worried :)

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The explanation is that they are utterly stupid, and have no idea what they are doing :rolleyes: Not to worry, when the 14 days are up you just send the "In dispute" letter, then sit back and ignore them until they do produce a valid CCA.

 

Hi H & P

 

I remember, this particular debt was for an overdraft which I never spent, as they kept trying to pay things when the money was not there, so probs not covered with a cca request but I was advised from cag to cca them anyway, so what do ya recon on this one then?

 

Cheers

 

Mr W

Regards..Mr Worried :)

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Ah, I see. In that case send them a "Prove it" letter instead of a CCA request. The alleged debt then goes into dispute as soon as they receive the letter, until such time as they do send some valid proof.

 

Hi..valid proof of charges? or valid proof that we did not spend the money?

 

Should I send the Prove it letter to the dca or to Tsb?

 

Mr W

Regards..Mr Worried :)

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hi mr W

 

I'll try & mfind you a link, the letter is on one of the templates....

 

brb

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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Hurry up then..only joking

:shock: lol

 

ok, here's the link to the prove it letter...

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

here's one to send to moorecroft who are refusing to supply the CCA

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/579-letter-when-dca-refuses-to-comply-with-a-cca-request

 

and here's the main page for any other letters you may think are useful. (a subject access request to LTSB would probably be helpful)

The Consumer Forums - Debt collectors

 

hth:D

  • Haha 1

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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:shock: lol

 

ok, here's the link to the prove it letter...

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

here's one to send to moorecroft who are refusing to supply the CCA

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/579-letter-when-dca-refuses-to-comply-with-a-cca-request

 

and here's the main page for any other letters you may think are useful. (a subject access request to LTSB would probably be helpful)

The Consumer Forums - Debt collectors

 

hth:D

 

Thanks so much, I will look through them when I have finished the ironing.

 

Mr W

Regards..Mr Worried :)

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Valid proof that the debt exists, that you owe it, and that they are entitled to collect it for starters.

 

You send the letter to whoever is chasing you for the money, which is the DCA in this case.

 

Cheers Huff

Regards..Mr Worried :)

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tbh Mr W, taking them all on at once may be a bit of a headache.

 

From personal experience, I know moorcroft are pussycats compared to many DCA's and simply ignoring all letters and accepting no contact from them usually makes them go away & return the debt to the OC. ( bit late for that now:rolleyes:)

 

similar situation with BLS, they usually just go away, however if they are calling you I think there is a letter on the templates telling them that you will only deal with them in writing, ( let me know if you can't find it) In the meantime, start to log the time & date of the calls & keep it... there are guidelines about calls from DCA's ( sorry I'm not up to date on that one but I think there may be something on the main letters page I posted earlier)

 

 

As for Lowells... again from personal experience they are unlikely to have the CCA, & that should get passed back to the OC.

 

LTSB - I have a debt with them same as yours for charges, not anything I spent, I got a letter from a DCA in june, sent them a prove it letter & got some dodgey statements back with a zero balance, I have ignored all correspondence since then & they are now on the 4th DCA trying to collect. The letters just go in the file, & will keep doing so unless they decide to issue a summons, in which case I will defend it.

 

Realistically unless there is an imminent threat of court proceedings, I have avoided contact with ALL DCA's... remember, debts are statute barred if there has been NO CONTACT for 6 years. By sending requests of any sort, you are re starting the clock on the 6 years.

 

That way I am able to deal with my debts one at a time & avoid taking on more than I can chew...'tis a minefield of legislation out there!:mad:

 

hth

hunni

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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Thanks so much, I will look through them when I have finished the ironing.

 

Mr W

 

 

:eek: want to do mine to?:rolleyes:

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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tbh Mr W, taking them all on at once may be a bit of a headache.

 

From personal experience, I know moorcroft are pussycats compared to many DCA's and simply ignoring all letters and accepting no contact from them usually makes them go away & return the debt to the OC. ( bit late for that now:rolleyes:)

 

similar situation with BLS, they usually just go away, however if they are calling you I think there is a letter on the templates telling them that you will only deal with them in writing, ( let me know if you can't find it) In the meantime, start to log the time & date of the calls & keep it... there are guidelines about calls from DCA's ( sorry I'm not up to date on that one but I think there may be something on the main letters page I posted earlier)

 

 

As for Lowells... again from personal experience they are unlikely to have the CCA, & that should get passed back to the OC.

 

LTSB - I have a debt with them same as yours for charges, not anything I spent, I got a letter from a DCA in june, sent them a prove it letter & got some dodgey statements back with a zero balance, I have ignored all correspondence since then & they are now on the 4th DCA trying to collect. The letters just go in the file, & will keep doing so unless they decide to issue a summons, in which case I will defend it.

 

Realistically unless there is an imminent threat of court proceedings, I have avoided contact with ALL DCA's... remember, debts are statute barred if there has been NO CONTACT for 6 years. By sending requests of any sort, you are re starting the clock on the 6 years.

 

That way I am able to deal with my debts one at a time & avoid taking on more than I can chew...'tis a minefield of legislation out there!:mad:

 

hth

hunni

 

hunni

I tried to deal with one at a time but it was hassle for me, so I zapped them all, I will handle it and I keep times, dates and every other log that I need to, I feel confident that I can sort them in ant way shape or form.

 

Cheers

 

Mr W

Regards..Mr Worried :)

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I have to agree with that, ignoring them can often be the best policy. They ignore whatever you write to them most of the time anyway.

 

:mad: unfortunately they do.

 

hunni

I tried to deal with one at a time but it was hassle for me, so I zapped them all, I will handle it and I keep times, dates and every other log that I need to, I feel confident that I can sort them in ant way shape or form.

 

Cheers

 

Mr W

 

:D go for it!

 

hunni

 

I do the ironing better when the footie is on and the beer is chilled.

 

Mr W

 

:rolleyes: always an excuse!:)

TY for the rep btw:D

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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Hi To All

 

Just recieved a reply from Lowells..'.We are requesting a copy of the agreement from oc, we will endeavour to obtain within the prescribed 12 days, we will advise if this will take longer blah blah.

Any advice on this please?.

 

Moorcroft acting for citicards have returned my PO for £1.00 and told me to contact Citi direct? so why were they chasing me/

Any advise on this please?.

 

Cheers

 

Mr W

 

Moorecroft did exactly the same with me and dont want anymore contact with them I have to speak to OC now. So take that one as a win!

 

Contact the OC now with your CCA

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tbh Mr W, taking them all on at once may be a bit of a headache.

 

From personal experience, I know moorcroft are pussycats compared to many DCA's and simply ignoring all letters and accepting no contact from them usually makes them go away & return the debt to the OC. ( bit late for that now:rolleyes:)

 

similar situation with BLS, they usually just go away, however if they are calling you I think there is a letter on the templates telling them that you will only deal with them in writing, ( let me know if you can't find it) In the meantime, start to log the time & date of the calls & keep it... there are guidelines about calls from DCA's ( sorry I'm not up to date on that one but I think there may be something on the main letters page I posted earlier)

 

 

As for Lowells... again from personal experience they are unlikely to have the CCA, & that should get passed back to the OC.

 

LTSB - I have a debt with them same as yours for charges, not anything I spent, I got a letter from a DCA in june, sent them a prove it letter & got some dodgey statements back with a zero balance, I have ignored all correspondence since then & they are now on the 4th DCA trying to collect. The letters just go in the file, & will keep doing so unless they decide to issue a summons, in which case I will defend it.

 

Realistically unless there is an imminent threat of court proceedings, I have avoided contact with ALL DCA's... remember, debts are statute barred if there has been NO CONTACT for 6 years. By sending requests of any sort, you are re starting the clock on the 6 years.

 

That way I am able to deal with my debts one at a time & avoid taking on more than I can chew...'tis a minefield of legislation out there!:mad:

 

hth

hunni

 

A CCA request DOES NOT re start the 6 year clock unless you admit to the account in writing ;)

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A CCA request DOES NOT re start the 6 year clock unless you admit to the account in writing ;)

 

Well you learn something new everyday.... could you clarify that? cos I would have though it would count as contact.:confused:

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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Oh my - this thread is heavy duty with all its clarification.:lol: When you request a copy of the agreement you are not 1)acknowledging any debt or 2) making a payment -so there is no way the 6 year clock on Statute Barring even enters into the concept. By the time we get to the letters of dispute on these CCA requests we will all be old and grey!! As for arguing the toss with them when they come up with the bull, as Moorcroft have already done, and that is only the start, by that time we will all be in the home for the totally bewildered! I am running a book on this becoming the longest thread in history!:D

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Thank you for the explanation, I asked a genuine question, because to me, a little knowledge is a dangerous thing. Should I come across a similar situation now, I will know why it does not effect the 6 yrs, and may even send of the odd CCA request myself now. Rather than just doing it because someone said it's ok. ( no offense BB)

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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