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NGEddie

N150 assistance needed...please? / **WON**

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The more I think about this, the more I can see this guy is just a chancer!

 

Good point gh, the form has no claim number, the box is blank, where it says...In the...is also blank as is the issue date

 

It does have our name and address on it and the claimants, these ones dont appear to have POC but just says value...

 

I feel if I can quote some CPR bits to him it will shut him up and scare him off!

 

The whole thing of taking on further work with no mention of it costing anymore felt wrong from the minute we got it, now this on top just is the work of some con artist!

 

The claim form is blue and white, maybe he printed it off the net!

 

Cheers again guys!

 

E!

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You must complain about this, I think to trading standards – by pretending to issue a claim form and use it as a threat I am sure he is committing an offence.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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You must complain about this, I think to trading standards – by pretending to issue a claim form and use it as a threat I am sure he is committing an offence.

 

I did think about this and if it was a DCA then yes, breaking every rule there is, but a builder ..... ( I do agree though - certainly no harm in going to your local TS )


If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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You must complain about this, I think to trading standards – by pretending to issue a claim form and use it as a threat I am sure he is committing an offence.

 

I agree - report him to Trading Standards - also why not ring your local court as well? You could say you just want to clarify if this is a formal court document - or has no legal standing. I think they'll take a dim view of their forms being misrepresented in this way.

 

Once you have your answer, leave it to TS or the Courts to pull him up - and ignore anything else that he produces unless it is a formal legal document.

 

As others have said too - he's a chancer - and needs to get his come uppance - but life's too short for you to get all hot and bothered about him if he's just blowing hot air.

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Cheers guys,

 

I have moved the chancer one to here :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?291648-Small-claims-chancer-moved-from-other-post-tagged-on-here&p=3271346

 

 

In regards to the original case, I am sending a letter back to the DCA stating case has been tried for court, got costs, etc... and not to bother, shall see if that puts a stop to it!

 

Cheers

 

E!

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Actually, the letter im am sending for the original case, shall I put about reporting them to the OFT is they pursue the case any further or not? Probably being too nice, lol

 

Cheers

 

E!

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So just an update.

 

After sending the letter to the DCA advising what happened previously, they replied with they shall freeze any action whilst they look into this. About a week later we get a letter saying we have not replied to the original letter, duh!

 

So from the off these guys are obviously on the ball as well :roll: lol

 

Since that nothing.

 

Hope everyone is good :-)

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Well well well...

 

After the initial, we have bought your debt, which doesnt exist, I replied advising what happened before with court and costs we got etc...

 

Week later letter saying ok, we are going to freeze action and speak with creditor

 

Week later letter saying you havent replied to first letter

 

Week later another letter saying you havent replied to first letter

 

Now we have DCA legal department, different company name, same address :-

 

Notice of pending legal action

 

Client is requesting legal action against you

 

Pay in full in 7 days or maybe reduced figure

 

Take action on your property

 

Blah.......................

 

I am drafting something together as feel I need to respond.

 

Any comments please?

 

Cheers E!

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Reading a few other threads on here I have noticed it is a standard threatogram and the company seem to send letters claiming not to have recieved replys, its just in our case they have actually acknowledged it, but then sent more after saying we hadnt replied!

 

Any comments please guys?

 

Cheers

 

E!

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imho you've got another x years of this until it becomes Statute Barred !! this is the problem with these accounts left in limbo

 

Even in Harrison, as far as I can see, the only bar is on enforcement. Enforcement is the obtaining a Judgment so anything up to that is 'fair game'

 

Just keep a careful record of everything and it is a good idea not to ignore all of the incoming noise, just keep stating your position.

 

jmho :)


If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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I agree with GH. Its a good idea to keep things "moving" as long as its not in the direction of court - so a multiple exchange of letters takes up their time - and costs - with no return - also shows you're still on the ball!) I would just do another letter along lines of " I refer to your letters of Xx and XX. Whilst on Xx Feb 2011 you acknowledged receipt of my earlier letter of xx Feb, you now seem to have mislaid it. I therefore enclose a furter copy for your convenience and await your response to this letter.

 

That way - you're not ignoring them - you're actually going out of your way to HELP them get over their own incompetence - and recording the fact they have screwed up this time - so "balance of probabilities" they may well screw up again. Always either send RD or get proof of posting cert (free) - if this then say in your letter (under the date) "proof of posting obtained".

 

Good luck!

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Thanks guys, pain in the rear isnt it!

 

I am amazed they are bothering I suppose, would the creditor have told them what happened and how they withrew and everything? or is it a case of here a 9k debt, do your best!

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I bet they knew nothing about the history and just paid a few pence in the pound for the debt - along with a batch of others - assuming they DID actually buy it.

 

If they are just a DCA they'll go away and another one will crawl out in a few weeks/months' time and the merry go round will start all over again then.

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Cheers BD, check ur pm

 

So some dont even buy then eh? geeeez!

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Not much but just to update.

 

After receiving the letter I said mentioning court etc... I replied in the 7 days stated, just the usual tried before and lost etc....

 

Then we got another what I believe is a standard letter saying pay up or else, this was dated the same day they signed for my above letter, so unsure if this is computer generated or they just instantly sent this threatogram as direct responce? hmmmmmm

 

Guess have to wait and see!

 

Cheers for comments on the above!

 

E

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Eddie

 

Hang in there - just more threatograms IMHO!

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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How spooky, when ever I post I get a letter the next day!

 

So today we got...Final letter before action...

 

Bascially saying if we do not reply or come up with a good reason?! why we shouldnt pay then they have no choice but to go for court action!

 

I think I do need to reply to this one, stating the reason as previously terminated etc.... court done and failed and highlight the fact they have signed for 2 of our letters despite claiming we have not replied!

 

So above someone mentioned a...prove it letter...any information or help on this one please guys, or general advice what to say or do next?

 

Cheers

 

E!

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If your previous letters (which they have signed for) spell things out then I would reply to this latest LBA but simply refer to thse letters along lines of " my letters sent RD on XX and XX (dates), both of which were signed for at your address detail my situation and provide you with the information requested again in your letter of XX (date)".

 

Let them dig them out - or ask for further copies - why make things easier for them if they've misfiled them?

 

Hope this helps?

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Cheers BD

 

So what is the prove it letter all about?

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Help needed now guys please!

 

Get this, we got a letter on Wednesday, written Tuesday which was a LBA, then yesterday, we get another letter, dates last week, saying they have taken court action, but the account is on hold again whilst they speak to the creditor about the dispute, and they actually acknowledge my letter which I sent the other week!

 

Total confusion, I have now found some prove it templates so guess I need to send one back along with reference to the mess above listed above?

 

They seem to be almost fast tracking worse than the original creditor, or do ya'll think this is just their tactic to scare?

 

Any advice much appreciated

 

I can scan the letters if anyone would like to see but didnt really want to post them on here!

 

Cheers

 

E!

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Any comments pleeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeease? :-)

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Hi E,

 

I have replied to your pm


If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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