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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   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? Credit Card   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 ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   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. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 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   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Is it me


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Is it me but in the last two years of being on here I've noticed that Mr. DCA is on the bones of its ass.

 

What I mean is the tactics being employed by DCA 's are getting more and more desperate.

 

DCA are going out of buisness, who would have ever thought that a few years ago?

 

DCA are actually losing money?

 

DCA are having to pay costs for losing in court.

 

DCA are buying UNENFORCEABLE debts they have not a pray of recovering

 

More and more people are turning to CAG

 

DCA are desperate to shut down sites like this.

 

Bottom line I think we are actually winning against this ****.

 

I mean really where do they make there money these days?

 

The amount of people ignorant gets less and less every minute, since I've typed this 4 or 5 people have come on here asking for help.

 

DCA's are finished and do you what...... I think they know it:violin:

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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Like all things there are TWO sides to a question.

The first is OK one DID borrow the money.

The second is of course the manner under which the original creditor has the right to collect the debt back -- obviously there needs to be SOME commercial legislation otherwise who would ever pay ANYTHING back.

 

The issue really starts when through changed circumstances over which YOU HAVE NO CONTROL such as unemployment, your job being off shored to India etc, Illness, Family bereavements such as death of the Breadwinner or divorce etc etc.

 

This means that WHATEVER the contract originally says it is QUITE IMPOSSIBLE for you to honour it -- after all if you don't have money how can you pay it back.

 

It's THIS stage of the whole process where sheer greed and bloodymindedness of various creditors cause the problem.

 

Most people (including those on CAG) are usually prepared to pay something never mind how small but since creditors almost NEVER treat anyone with respect and compassion its no wonder everyone will look for ANYTHING to have a go at the DCA's and so they should.

 

Banks who have received ENORMOUS amounts of money from the hard pressed taxpayer can write off bad debts AND GET MORE TAX RELIEF on them while passing this stuff out to a DCA.

 

The DCA buys these debts for around 10p in the pound -- so if only 2 or 3 pay up its still potentially a HUGE profit.

 

We really need the law changed -- a DCA can only be ACTING AS AN AGENT for the OC. No buying and selling of debts should be allowed.

 

In any case If I owe say HSBC 3,000 GBP and cr@ppyquest say "buys" the debt is there REALLY anything in law that says I actually have to pay cr@ppyquest or whoever else anything.

 

I haven't signed any agreement with the DCA so there MUST be something in law that can invalidate this process of re-assignment of debts --surely.

 

I'm also looking at a complex issue from the Stockmarket -- these types of packages are known as "derivatives" and the purchaser is essentially "buying short".

 

Now there are ALL sorts of conditions attached to short selling of "derivatives" so although complex something might drop out here too especially if these guys don't have market traders licences which I'm sure they won't have.

 

Cheers

jimbo

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Hi Jimbo

 

Did'nt the Rankines try that route? purchased the debt from us for a quid, but charged £500.00. to tell you the debt was now theirs, to which they responded..the DCA have an obligation to collect, but we have an obligation to notify you that this alleged debt is unenforceable.

 

Didnt they look nice on the tele?

 

Mr W

Regards..Mr Worried :)

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"is there REALLY anything in law that says I actually have to pay cr@ppyquest or whoever else anything."Yes, the Law of Propery Act 1925/contract law. Debts are Choses (things) in action, and can be assigned.

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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We really need the law changed -- a DCA can only be ACTING AS AN AGENT for the OC. No buying and selling of debts should be allowed.

I haven't signed any agreement with the DCA so there MUST be something in law that can invalidate this process of re-assignment of debts --surely.

 

But don't the law actually regulates this and them ignoring it been helpful? How many of these sales are actually lawful? If they do not send out the NoA via recorded delivery, then the sale is unlawful.

 

Granted, they will harrass you and many ignorant people are paying up but once they have bought it and failed to comply with the NoA, then you can basicly ignore them and should they try their luck in court, easily defeat them?

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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I've been saying for years that the Debt Buyers and Sellers Group should be disbanded and all its member firms directors put under scrutiny. They have caused untold problems for this country INCLUDING fuelling the debt mountain... how many people have remortgaged to repay debts that have been inflated and then lost their houses... how many people have lost their lives to the harrassment that the DCAs give.... I could go on for a while about this.

 

We need some positive action and I have got something brewing by way of a petition to Government, they have said that they will look at ALL petitions which get over 500 votes so I am going to have a petition against the DBSG...

 

My last petition was closee five months early due to the change of Government and that had 290 votes..

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Going back to the original thread and why DCA's are failing.

 

It is simple. During the 1990's and up to 2007, companies were 'frothing at the mouth' to lend money and offer contracts for consumer goods, without proper checks taking place. As a result of rushed decision making and lack of good house keeping, they have severly compromised the whole financial system, as well as debt collection.

 

There is now so much 'old sh*t' in the system, it is severly affecting the ability of DCA's to efficiently apply resources to make collections on debts that are collectable. This may be the reason for Lowells recently closing off some old debts and for the letters people have received.

 

If DCA's continue as they are, many will fail or will be merged to form larger companies. What they need to do is think about totally writing off all statute barred debts that are not being paid and not to take any more of these debts on. It surprises me that some of the DCA's are willing to take on debts from catalogue companies, that are already SB'd. My sister in law had a debt collection letter from a DCA about a catalogue debt, that was about 7 years old. How stupid of a DCA to take on a 7 year old debt, that could not be collected on before. If they paid for it, even more stupid.

 

I think the DCA's need to 'wake up and smell the coffee' and to start implementing processes which enable fair collection of what is owed. If they continue to act in the devious way that many currently are, it will only harm their businesses.

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Credit Today had an article on the DCAs struggle to survive a while ago, cited then that 15 companies were likely to fold completely and a further 20 odd were to be merged...

 

Hopefully the death bell is tolling for the 'industry' that only exists to perpetuate itself, rather than serve its clients or customers any clear purpose.

 

Surely once a debt is sold THAT IS IT... it should not be possible to sell/assign it again and again and again....

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Now, heres a radical thought - when we apply/applied for debt, we, our lifestyles and our finances were scrutinized to a greater or lesser degree to assure that the likelyhood of us being able AT THAT TIME To meet our commitments was suitable.

 

What no-one did was a reverse proceedure against our proposed creditors. So they DO need to take some of the blame, as they too DID NOT KNOW WHAT THE FUTURE HELD! Exactly the same as their debtors.

 

My thoughts are, that given that we, the taxpayer of this country are being 'FORCED' to make up the money THEY lost/squandered/ and to quote various DCAs ' You had the money, you spent the money, don't try and avoid paying your debts'. There should therefore be equality with the GOVERNMENT treating both they, the Banks and US their customers on an equal footing.

 

I feel that perhaps a Government Body aught to have been set up to deal with people in difficulties at this time and I mean all people. There should be criteria set and, depending on this criteria, the Government Body should decide if or not an individual is ABLE to pay any debts. I suppose this is a bit like Insolvency/Bankruptcy but with a less daunting outcome.

 

Why did your income change from the time you took finance to now: Redundancy; Illness: Other:

 

How have your circumstances change : are you: Dead; Disabled; Divorced: Homeless (for what reason).

 

Using real time figures they could creat an official I & E from which to work and the result could be reflected on your Credit File.

 

This is the basis of an idea, I know it will never happen, but any ideas/suggestions?

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