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    • Hi.   Please don't hijack this thread, it's for advising the OP.   The best thing is to start a new thread of your own and then we'll advise you.   HB
    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. 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.     2. 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.     3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, 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   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. 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     11. 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.
    • Thank you for the reassurance I will pop back on tomorrow and let you know how it went.
    • Just like is said in BN's link regarding total lack of oversight or proper challenge   "To put this in context, £12bn is more than the entire general practice budget. The total NHS capital spending budget for buildings and equipment is just £7bn. To provide all the children in need with free meals during school holidays between now and next summer term, which the government has dismissed as too expensive, is likely to cost about £120m: in other words, just 1% of the test and trace budget."   Says it all doesn't it Serco and co given more than the entire NHS capital spending budget to ... fail, miserably   penalties for that - more of the same money for more of the same failures.
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi all, I have received a letter today (14-10-08) from 1st credit DCA.

 

The letter reads,

 

Dear Sir / Madam

 

1st Credit (Guernsey) Limited is attempting to contact the above named regarding a personal matter.

 

Your address has been supplied as a possible address for our subject who was previously resident at :- (previous address)

 

Please contact our offices immediately on telephone number 0843 320 0000 and quote the above 1st Credit reference number at which time further information can be provided.

 

If you are not the individual we are attempting to contact or have information that may assist please call us at your earliest convenience, on telephone number 0843 320 0040, in order that we may correct our records.

 

If no response is received within ten days of issue we will assume that you are the individual we wish to contact and will of course ensure that all correspondence is sent to you.

 

Yours faithfully

 

1st Credit Limited

 

 

 

 

I have no knowledge of having a debt that I am not already settling from my previous address.

 

Can anybody please give me any advice?

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Agreed.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Definitely ignore, why do they think that you will do their lousy job for them anyway?

 

If they can't be bothered to use their 'state of the art' tracing procedures, then certainly don't do their slimy job for them.

IGNORE, IGNORE & IGNORE SOME MORE!

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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Yesterday i received the exact same letter as the OP, it has my name and an address of an ex partner that i stayed at for a month over 10 years ago.

 

I have absolutely no idea why they would contact me now.

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The next step will probably be a letter from Connaught Collections 1st Credits cohort

company with the usual threats of what they may do what they might do

if you don't contact them.

If & when this does happen send them the DO NOT ACKNOWLEDGE DEBT/ CCA

request letter,£1 postal order for fee, DON't sign PO and send recorded delivery.

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I wouldn't send them anything, give a dog a bone and it'll keep coming back, what are they going to do, they're only debt collectors, they don't have any legal rights, or education for that matter, just ignore them unless you want to spend a small fortune in stationary and postage costs, and I wouldn't be sending trem a No debt acknowleged by recorded del, these only need be sent second class with proof of posting, why litigants should be forced to pay the extra cost of recorded deliver mail, when these tin pot DCA's send all their correspondence walk sort/2nd class is beyond me, I would only advise sending important request ie, a CCA/SAR/LBA via recorded delivery.

 

Just ignore them, ket them continue barking up the wrong tree, there is absolutely nothing they can do to you, unless you respond to them in some way then they will place a 'Mug awaits fleecing' marker on your file and send a deluge of deforestation your way.

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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Exchause my horrnedous smelling mismakes!!

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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Had exactly the same letter myself a few days ago.

 

I notice Uncle Bob and chums are still breaching OFT guidelines from the following statement......

 

 

If no response is received within ten days of issue we will assume that you are the individual we wish to contact and will of course ensure that all correspondence is sent to you.

 

So they're bassically admitting they don't know if they have the correct person or not, but will still hound you with threats of CCJ's, Bailiffs, etc

 

Sending a copy of mine to the OFT, if I were you I'd do the same, pointing out the above sentence. ;-)

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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Hi there

Maybe I'm being obtuse but if you REALLY don't have the debt why on earth should YOU have to go to the trouble of having to go to the Post Office, get a 1 GBP postal order and CCA the wretches.

 

I'm all in favour of fighting stuff on the basis of invalid / un-enforceable agreements but if I have to WASIE my own time and proving the debt isn't mine then what on Earth is the point of English Common Law which presumably states that the CLAIMANT has to PROVE that the DEFENDANT actually owes the money or whatever not the other way around.

 

If a CCJ is issued falsely etc then these **** should have to PAY big time for defamation of Character, damages etc etc.

 

It's up to THEM to prove that I owe the money --not the other way around.

 

I know that this advice might go against the spirit of CAG but really if you say value your time at XXX GBP an hour and it takes say 3 hours to sort this mess out then the DCA should pay up --end of story.

 

Cheers

jimbo

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  • 2 weeks later...

Hi all, just to keep you updated.

 

I received 2 letter today from 1st Credit, one letter is trying to give me a deal saying they will write off 30% if i by the end of this month, 20% if i pay in september and 10% if i pay in october.

 

The second letter states that HFC Bank has assigned to 1st Credit the full outstanding balance of my debt. To no longer make contact with HFC Bank. If I want any personal information regarding this matter then to send my request along with a £10 admin fee and a self addressed envelope.

 

What to do next????

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Yet they do not know if you are the alleged debtor.....very naughty!

 

You can continue to ignore or you can send them this letter from the templates library: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

Personally I would be inclined to ignore.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Why not contact Trading Standards with these missives, if you do write back to Ist Credit they will no doubt ask for further ID to prove who you are - completely insane.

 

Wonder why they are now hiding in Guernsey... maybe to get out of the way of OFT regulation?

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Why not contact Trading Standards with these missives, if you do write back to Ist Credit they will no doubt ask for further ID to prove who you are - completely insane.

 

Wonder why they are now hiding in Guernsey... maybe to get out of the way of OFT regulation?

 

Guernsey? their website and return address is still Reigate. I have to write them a letter some time and need to know they will get it. i will send them a backup copy via e-mail, but need to know their addy for normal mail. Do you know where I can find their Guernsey address?

 

Sorry to butt in on your thread, but info may be of use to others dealing with 1st crud.

 

Cheers

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Guernsey? their website and return address is still Reigate. I have to write them a letter some time and need to know they will get it. i will send them a backup copy via e-mail, but need to know their addy for normal mail. Do you know where I can find their Guernsey address?

 

Sorry to butt in on your thread, but info may be of use to others dealing with 1st crud.

 

Cheers

 

They will be using the Guernsey regd company to cover their posteriors regarding this latest [problem]:mad:

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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next you will get a letter saying pay us now and we will give you a telly, or as it is nearing christmas, they will offer you a fake xmas tree:rolleyes:

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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They will be using the Guernsey regd company to cover their posteriors regarding this latest [problem]:mad:

 

What [problem] is that?

 

BTW are they still using SDs, I was hoping they would serve one on me as I can't afford BR and am in to much debt for a DRO?

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What [problem] is that?

 

BTW are they still using SDs, I was hoping they would serve one on me as I can't afford BR and am in to much debt for a DRO?

 

The [problem] being that 1st are on a fishing trip, it seems pulling in all and sundry, whether they are in debt to them or not, making their lives a misery, for no good reason, and just in case they get pulled up about it, they can simply say "we are not a uk company, therefore you cannot touch us!

Dont you agree that is something of a [problem]

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I see, possibly that has something to do the citi agreement that they said they did not have to provide as the account was not theirs anymore, sudenly turning up albeit without any signature or account number.

 

So when i contact the OFT and they mention to 1st about estrictions on their licence they can say nothing to do with us?

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  • 2 weeks later...

Hi all another update from 1st Credit.

 

I received another letter today (11 september 2010)

 

Letter reads:

 

" We regret the above sum remains outstanding. We now intend to take legal proceedings against you. If successful it may result in:

-Legal costs and interest being charged thereafter;

-Entry of your name in the register of judgements, orders and fines, making it difficult to obtain credit in the future.

 

Subsequent failure to make payment may result in enforcement action:

-An application to your employer for an attachment of earnings;

-Seizure of your assets by a county court bailiff;

-A charging order against your property, (if owned by you).

 

PLEASE TAKE THIS FINAL OPPORTUNITY TO MAKE CONTACT "

 

 

I have confidently ignored all advances by 1st credit, till now. The last thing I now want after years of repairing my credit rating is for 1st credit to ruin it.

 

Should I now send them a letter stating that I have no recollection of any such debt?

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Hmm, IMO I would still ignore the fools, they have no intention of taking legal action, although they foolishly state this.

Notice they use 'Intend' and 'may' not have or will.

 

If you reply with something now, then you will get them all coming out of the woodwork, have you checked your credit file, and is their anything on their?

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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