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    • I Hope you can hep me please.   I have received a letter of claim from lester aldridge for Intrum uk finance limited    stupidly i didnt realise it was dated 26th October, so I will not be able to reply within 30 days but post!   it was for a halifax cc originaly owned by moorcroft in 2018 then by intrum from 18/7/19.   i sent a CCA request to moorcroft end of 2019 and recieved reply early Jan 2020. acknowleging receipt of CCA and requested files from client. also stated they are not seeking enforcemnet.   received a huge package of statements from 2012  to 2018 with a covering letter saying please see copy of bill/statement/breakdows/agreement   i cant see any terms and conditions or my signature of setting up card agreement etc?   I would greatly appreciate any help you can give me in terms of what choice i have for the PAP letter? do I phone instead to be within the 30 days? or fill it in anyway. If so what option do i select, is it that I dispute the debt etc?   many thanks  
    • Yes they can......its irrelevant if its statute barred or not...because they will get a default judgment but only if you have moved and not informed them of your new address...as your previous known address is deemed good service.   If you have informed them of COD and you have not made payment or acknowledged the debt within a period of 6 years (5 Scotland).....you simply defend on the basis of the claim being statute barred...but you can only do that if you get the claim form and defend in full....hence the need to keep your address up to date on all financial matters.   The statute of limitations can not be extended in any scenario.....but who would know unless you defend the claim.   Andy    
    • sorry didn't mean to come across as demanding...apologies I know that I don't have a CCJ but i was wondering if a DC could bring a CCJ against someone after they had not been in contact for over 6 years, on the basis that the debtor had not told them that they had moved, ie could the DC use that as a reasonable reason to extend the 6 year period? Even if the debtor had not acknowledged the debt or made any payments, for over 6 years. sorry I know what i am trying to say but probably not expressing it very well.
    • yea ok have patience we are volunteers you know.   we call backdoor CCJ's roboclaims. northants bulk issues 750'000 a year - that exactly why it was setup by the court system as no-one checks anything and no humans is ever involved so yes you can get get a CCJ on an SB'd debt if you've not told the debt owner where you now live there are 100's of backdoor CCJ threads here already.
    • OK, so as time is running out ...   Get the CPR off tomorrow with a free Certificate of Posting from the post office.   Get down to the car park, take photos of the signs, try to suss out what they reckon you did wrong.  I see it's a P&D car park so presumably you didn't pay or stayed longer than you paid for (although there seems to be a barrier on exit so how did you get out?!)   Normally we say to check with the council if the car park has planning permission for its signs, but this is a multi-storey car park so presumably they bothered with PP!   Look in the PPC Successes thread at the top of the page, any thread with "claimform" in the tile should have an example of a defence.  Post up a draft of what you propose to send, it needs to be as generic as possible.    The important thing at the moment is filing the defence.  In the longer term, once we get hold of their letters (either through CPR or a SAR if they refuse to reply to the CPR) we can see what other holes to pick in their claim.      
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Just have to play the waiting game, like me.

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This needs more complaining! They have stated they will not respond to a legitimate CCA request; they have not responded; you have put the account in dispute. Is that right?

 

Time to up the ante on these muppets. I would write and summarise what you have done and what they have said, and demand either (a) they comply with the legitimate CCA request, or (b) return the £1 and do not ever contact us again, as you assume the case is closed.

 

Go on the attack!

“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

 

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This needs more complaining! They have stated they will not respond to a legitimate CCA request; they have not responded; you have put the account in dispute. Is that right?

 

Time to up the ante on these muppets. I would write and summarise what you have done and what they have said, and demand either (a) they comply with the legitimate CCA request, or (b) return the £1 and do not ever contact us again, as you assume the case is closed.

 

Go on the attack!

 

Good idea donkey,anything is better than beig a sitting duck (or chicken).

 

Yes i have sent the account in the dispute letter.

 

They say the best form of defence is attack.:-)

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Umm Might do the same thing then. Or maybe wait for the SAR info?

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Umm Might do the same thing then. Or maybe wait for the SAR info?

 

I'll mull this over,i would like to see who the dept was assigned to,Capitol or services could be interesting.

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It’s always good to be proactive. If these cases get to court, then it looks very positive for you when you try and sort things but they don’t respond or simply become abusive.

 

In pt2537’s thread about litigation and pre-litigation (it’s a sticky), he lays out lots of excellent tactics for a bit of legal oneupmanship.

“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

 

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It’s always good to be proactive. If these cases get to court, then it looks very positive for you when you try and sort things but they don’t respond or simply become abusive.

 

In pt2537’s thread about litigation and pre-litigation (it’s a sticky), he lays out lots of excellent tactics for a bit of legal oneupmanship.

 

I'll go take a look,thanks donkey.

I would rather be doing something,they had a really bad affect on my chick.

And as you say it will put chick in a better light come litigation,if and when that happens.

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  • 1 month later...

Any update on this BSJ? I have had an reconstituted agreement and totally incomplete SAR fom Citi but thought I would check on you.

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Thanks Coledog,Nothing back as yet,HFO have stopped calling,no more love letters from them.

 

No Agreement,no reply to the SAR from CITI as yet perhaps they can't make up their minds what to include in it.

When i get it,i expect to be incomplete as i have the original default notice from them and it's laughable let alone dodgy.

I sent the harassment letter and the account in dispute to HFO and all went quiet.

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I would chase up the SAR request if nothing received in the 40 days since posting.

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Bart’s here, so he’ll probably chase up the CCA request for you. Personally.

“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

 

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  • 2 months later...

Just an update,sorry i have'nt posted any updates but did'nt have any news.sent HFO the account in dispute letter in Dec last year.To day i received the CCA it's basically pages of nonsense.It's a recontructed one.

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Hello again

 

I got an recon also and have just ignored it, you can write back and say it is not the executable credit agreement, you asked for and ask them to confirm that they actually have one, which they will not.

 

Have Citi sent anything? It is important to find out the last payment date, also who this was sold to exactly and when.

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Citi have been a real pain over the sar i have written 3 times now and they keep sending my postal order back because i won't supply a sig to them.

 

My chick won't agree to sign anything to them,so i'm at a stalemate with them.

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Well, why not sign something in a slightly different signature and keep a copy of exactly what you sent? If it magically ‘appears’ on a document, you will have all the proof of naughtiness you need.

 

It isn’t required, but get this sorted – getting the information is more important than the technicalities of their needing/not needing a signature.

“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

 

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you must get that SAR sent

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Thank you for the template coledog,i have printed it off and posted to Citi.

 

Now just have to wait for the Sar,hopefully this time they will provide it.

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Good! HFO seem to attacking people on all fronts at the moment, so as much amunition as you can get, the better.

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  • 3 months later...

The're back......another 72 hour litigation threat accompanied with hmcs Ex326 I cannot pay my judgement threat letter.

 

They have almost doubled charges on the balance,it becomes SB'd in sept of this year.

 

I thought their silence was too good to be true.

 

This time the letter has gone to chicks address.

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Did you ever get a response to the SAR? Did you write as advised to state that the account remained in dispute?

 

Can you post the recon CCA they sent? I think I know why it may be deficient, but others need to see it.

“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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