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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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URGENT - help needed!!!


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I don't know what to do! Had a letter from Shop Direct -

default notice served under section 87(1) of the Consumer Act 1974

 

They want all the money I owe by 16 April - I have been paying them regularly an amount they requested via NDR (well above the amount I can afford). I have asked on several occasions for signed credit agreement but they sent me a copy of one!

It sounds like they are going to take me to court if i don't pay the full amount owed.

I have spoke to CCCS a while ago but didn't have enough money over to set up an arrangement for payment.

What do i do - please help! :(

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Alot of it would be scare tactis, so don't worry. When did you send them the CCA and what exactly did you get back in return??

 

Might be a good idea to explain everything so far on here so Caggers can help you out. :)

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I don't know what to do! Had a letter from Shop Direct -

default notice served under section 87(1) of the Consumer Act 1974

 

They want all the money I owe by 16 April - I have been paying them regularly an amount they requested via NDR (well above the amount I can afford). I have asked on several occasions for signed credit agreement but they sent me a copy of one!

It sounds like they are going to take me to court if i don't pay the full amount owed.

 

I have spoke to CCCS a while ago but didn't have enough money over to set up an arrangement for payment.

What do i do - please help! :(

 

if you asked for a cca then they have 12+2 days to reply or produce,if they dont have you sent them the acc in despute letter as you will need to do,as the acc does not automatically go to despute status!.
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I have sent several cca's last year but didn't follow up cos I was quite happy paying them - want rid of the debt. They sent back a copy of a credit agreement - did not have my name one (just blank). In January I wrote to them because I was receiving 6+ phone calls per day :shock: - they stopped for a while but have started again. I won't speak to them just write.

Edited by hheadcase
due to above reply
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What would they gain by taking you to court. The court would only look at your income/expenditure and work out what you could afford to repay.

 

In this situation, where you are already making repayments, you have two options. First, don't communicate with them and if they take you to court, then supply and attend court with all your income/expenses. Or arrange to visit your local Citizens Advice. They should help you with sending shop direct a letter stating that you are aleady making payments at a level you can only just afford. Shop Direct should take note of Citizens Advice and stop the harassment.

We could do with some help from you.

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In your first post it mentioned that Shop Direct sent you a copy of the CCA. They have therefore complied with the requirement for such requests. They don't have to send you a copy of the original with the signature showing. So I can't see the point of sending the dispute letter. Companies will often wait until they go to court, before they produce a copy of the CCA with your signature.

 

If you owe the money and this is not in dispute, you would better to explain to Shop Direct that you are already paying more than you can afford. But that you will keep up with the payments you are currently making. Send by recorded delivery and keep a copy, together with proof of postage. This may be required should you ever have to go to court.

 

You would need to book to see an advisor at CAB. Give them a phone call and see when you can get an appointment. I don't think they can advise you on the phone.

 

As Deb T asks, other information may be useful to know.

 

When did you take out the Shop Direct account?

How did you arrange the Shop Direct account e.g. Internet, local agents, post. ?

How much is outstanding?

How much interest are they charging?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Have you kept records of the CCA requests you have already sent?

 

Keep calm, it's only a DN.

And is probably not even valid! Any chance you can scan and post it up on here, so we can have a look?

Remove all Id, bar codes, ref numbers etc, but ensure you keep the dates on there.

 

The amount it has on the DN is it asking for the full amount or just the arrears to bring the account back online?

 

Need to see it really to give proper advice.

 

Stop talking to them over the phone, if they ring, just repeat the mantra 'Everything in writing' in reply to every question, or just say it once and put the phone down, if they are persistently harassing you over the phone, not only are they breaking the telecomms act, but are also in breach of the protection from harasment act, which is a criminal offence, and the admin from justice act, again botth criminal offences.

 

The CCA they sent you, would again need to be scanned and posted up on here before anyone can advise to its enforceability or not, the fact that it contains no signatures to my mind says, that if they had said document they would have complied fully with the CCA request and sent a copy of it, therefore sending you one without is questionable to say the least, but doesn't make it unenforceable, to see what they intend using in a court, if it ever came to that, would mean sending them a request under the CPR regs.

 

In the meantime, if you can scan and post what they have sent you, we can better advise you.

 

Above all else it's a friday, and I can hear the Pub calling me!

 

I bade you farewell!;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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IMHO They have actually not complied fully with your CCA request. I would send the Account in Dispute letter, inserting a paragraph noting that they have sent a generic Agreement, but you need them to confirm in writing that they actually have the original, signed Agreement which they would have to produce to a Court to enforce payment.

 

Our arguement is that when they try to wriggle out of their requirements by just sending a generic Agreement, IF they have the original why not send a copy?

 

If they cannot confirm that they do indeed hold the original, then until they do the account is in dispute and no payments can be chased or made.

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As BB says this is just a Default Notice which is a document they need to send, by law giving you a legally set amount of time to pay the balance outstanding. It does not necessarily mean that they will take you to Court.

 

As you are making payments, they would find it very difficult in front of a judge, and so, you may get threats of Court action, but that is just a computer generated letter, one in a long line you will get of 'could' 'may' 'might' etc. do allsorts.

 

You do not have to struggle - make your own income and expenditure calculations (never pass this on to anyone that may request it). Wen you have taken out all of your priority needs, then what is left is your disposible income. Split this between those creditors you wish to pay and offer them no more than the amount which is comfortable. It is YOUR MONEY and YOU decide who gets what and not the other way round!

 

Hope that puts your mind at rest some. Enjoy the weekend

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Thanks everyone, you are all so helpful! :-) They are asking for the total owed which is just over £3,000 - I am paying £38 per month which they seemed happy with till now. I can't remember how I set up the account but it was about 8-10 years ago. Will scan everything tomorrow and put it on. :D

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OK as soon as you scan it up, we can show you which letters to fire off to them next week, as it's the weekend the only thing working will be their threatomatic, and a few telephone threat monkeys!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I don't know what's going on - just had a letter from NDR saying they have been trying to get in touch with me and have charged me £12 :-o. Who do I correspond with both or just shop direct? Need to find paperwork then will put on here.

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By the looks of it, they have not got your CCA to be able to enforce in court. They have only sent you a generic blank copy of one that would have been issued.

 

As for the DN, not an expert, others will comment.

 

From what I have read from others that have had dealings with Shop Direct, is that they will just pass on your debt to DCA's to chase. One of the DCA's may chance their arm in trying to get a CCJ by default. Default because you don't turn up to defend, so the court overlooks the lack of enforceable CCA.

 

It is up to you what you do next. Others may advise you about letters you could send now. Can you put up with 6 years of harassment, phone calls, letters and possible doorstep visits, to wait until it becomes statute barred? The debt will grow massively over that period and your credit record/rating will be trashed, meaning difficulty in getting credit, plus some services where credit is checked. Personally if I just had this one debt which I knew I owed, I would take advice from Citizens Advice about dealing with it. You might regret not doing so, if in (say) 3 years time, you want to buy a car and can't get credit or you have some other requirement for credit.

 

Having had family in debt problems, moving from house to house to avoid debt companies, I don't think it is worth the hassle over the one debt. If you end up having to get credit from sub-prime debt companies, you could end up paying more in expensive interest, than repaying what you currently owe.

 

It would be a different matter if you had a lot of other debts and were already in a position where the one debt would not make any difference to you. If that was the case my advice would be different.

We could do with some help from you.

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How much of the £3k they are asking for is penalty charges? This can render the DN invalid as it means the amount of the arrears is incorrect.

 

As for the CCA, without your signature on it, they are stuffed anyway. I know for a fact that from 8-10 years ago catalogues didn't send out credit agreements for you to sign. Now it's come back to bite them. A friend of mine hasd a Shop Direct account and they admitted they didn't have one. She also knows she never signed anything when she sent off for the catalogue. Without it, any legal action they try and take can easily be defended.

 

So I'd say it's safe for you to tell them to get stuffed and refuse to pay them anything at all. Use the money for something more worthwhile. :)

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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tell me what to do next, thanks.

 

I have given my advice in my previous post.

 

Just to add that althought without the CCA this makes it difficult to enforce the debt, they will sc*w you, by making a mess of your credit record/rating.

 

You will have to judge whether you are happy to live with the consequences of avoiding dealing with this, if it is only the one debt, which you are currently in the process of repaying.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Just to add that althought without the CCA this makes it difficult to enforce the debt, they will sc*w you, by making a mess of your credit record/rating.

 

You will have to judge whether you are happy to live with the consequences of avoiding dealing with this, if it is only the one debt, which you are currently in the process of repaying.

 

As they are asking for over £3k within 2 weeks to rectify things, and the original poster has already stated they are struggling to meet the £40 a month payments they have been making. Then it's unavoidable that their credit rating is going to get a default added.

 

However without an enforceable CCA you can put pressure on them to get it removed. As without a CCA they also have no proof you agreed to them processing your personal data, and that included adding stuff to your credit file. This is a serious breach of the Data Protection Act. Also if it's the only black mark on your credit rating, then asking them to compensate you isn't unreasonable either.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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I don't think you can get the default removed. I am sure there have been recent cases where judges have ruled that creditors have the right to issue defaults and notify the credit reference agencies, even when they could not supply the orginal CCA.

 

The choice I believe is

 

1) Enter into a payplan at an affordable amount with help of CAB or other debt registered companies help. Or

 

2) Don't pay and put up with the harassment over the next 6 years, until it becomes statute barred.

 

Fuzzybottle had a point. Your credit record/rating would be hit either way. It is just if you are repaying this might help a little as it would show you making repayments and you should avoid some of the harassment.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Can't go with payplan or CCCS as I have tried - not enough extra cash left over at the end of the month to set up an arrangement. All CCCS did was offer advice and gave me a copy of income and outgoings and a standard letter to send to creditors. I want the debt paid off - it's my debt! I was made redundant that's why I am in this mess. They want more than the £38 per month I can offer hence the default notice - this is why it's confusing. If they took me to court they would get less! I obviously don't want to go to court or the stress of the phone calls - got loads of exams coming up in un i as I am coming to the end of my course and need to be able to concentrate. Where do I go from here - do I write to them explaining I can only afford the £38 and can't pay off the £3K in 2 weeks?????????

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Yes I would just send the letter you were advised to send to your creditors. I presume this just states your financial position and just offers reasonable payments. You could amend to add details of your current circumstances.

 

Without finding your agreement, this is not going to court. But they should accept that you are making payments you can afford. But from reading other posts this will not stop them passing onto a DCA, so you might have to write the letter again at some point.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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If there playing hard ball, then offer them less, just pay the token payment of £1 a month, they won't take you to court, it costs them too much plus they know they will only ever get what the judge decides you should pay them, which will more than likely be £1 a month.

 

It doesn't matter whether they agree to what you pay them, just pay them something and they have no leg to stand on in court, if they keep threatening court action give them all of the dates you are available to attend court, that usually shuts up their immature ramblings on!

 

Even better hit them with a CPR request the next time they intimate legal action, that really scares them!

 

NO DCA is EVER legally entitled to see your income and expenditure, so DO NOT SEND THEM this info.

They have absolutely no legal qualifications nor training to view your personal and private info, certainly not what you get every month and what you spend it on, DO NOT SEND THEM THIS INFO.

 

Without a valid CCA, you are 'legally' entitled to withhold ALL payments to them, until such time that they can provide you with one, and a legally enforceable one at that.

 

So if you have requested your CCA, and they have 'Failed' to provide one, then STOP paying these leeches immediately, there is no contract between you and them which says you have to give them money, regardless, I can just as easily tell you that you owe me money and force you to pay me without ever providing you with any proof that a contract ever existed between us.

 

STOP paying them.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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