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    • When a debt is sold you should always send a new cca request.   I would send everyone you are blindly paying a new cca re instead of running the sb date to infinity.   how long have you been with sterchange
    • Hi there. I finally have a response from Erudio regarding my complaint about this. I included scans of my completed deferment forms for this year and last year but they are saying they won’t accept them and that the debt is now with Capquest. I had a missed call from Capquest this evening (ignored it and blocked the number). They want me to set up a payment plan.    Erudio say this is their final correspondence on the matter.    I know not to engage with Capquest thanks to your advice but I wonder what your advice is for next steps with Erudio. Is this when I go to the financial ombudsman?   Thanks so much. 
    • In post 1, it states the reason why you started this thread...you said you got a letter of claim?   Dx
    • 2nd attempt at defence. if nothing else I am stubborn.   1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number **********   2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured.   3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment.     Note: The above is paragraphed by the Defendant.     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.   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.   1. The Claimant claims 1739.60 is owed under an unsecured loan agreement with AvantCredit. I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 77 request. The claimant has failed to supply a copy of the signed agreement as per my request dated 04-01-2022 and on 26-07-2022 by recorded delivery and is in breach of the section 77 request.   2. Paragraph 3 is denied. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law of Property Act 1925, allegedly served on the defendant, from either the Claimant and or AvantCredit.   3. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have not complied to my section 77 request and remain in default (and with regards to my CPR 31.14 request). The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim. Remove between the brackets?? or leave   4. 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 © show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974; © show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. 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.   7. 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.   as always thanks for all the help T
    • Its being delayed if anything, there are a number of instances where Johnson has made false or misleading statements in parliament .. uncorrected. Videos readily available to all.   Like a thief walking into a shop, grinning at the security cam, then grabbing a a cake and a beer and scoffing them .. all without paying - as the pictures show ...   Pretty cut and dried. Whats taking so long  
  • Our picks

zander in Scotland v A&L *WON* they want to close account?


zander
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As an aside, I worked for Local Government both in Hertfordshire & Yorkshire and was an Enumerator in the '81 , '91 & 2001 National Census. During that time I've met some Very strange & scarey people. :)

 

 

Ah yes.... I remember you.....you took my Marmite for a walk to visit Auntie Mildred at the chiropodist and never came back................

 

Wibble......

 

NURSE.....................this man from Atlantis says I owe him money....

 

 

 

 

(It might be worth a try);)

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Would you like to try this jacket for size Mr. Dannyboy?:D

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Ah, just like the one uncle Ludwig used to have. Thank you.

 

Of course, if you live in a certain English city and you're expecting a home visit, you can leave a spade strategically placed in view by the garden shed, and answer the door with your best 'Mr West' wig and accent, slowly undoing your fly..........

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Hi All,

 

My account was closed by A&L after they refunded charges. I had an outstanding balance on an overdraft with them. I complained to the FOS and they awarded me £200. A&L kept this against the outstanding balance. Because they started to apply pressure for repayment of the overdraft via their collection arm, I requested (by way of a cca request) a true copy of the agreement. All they have supplied is the account agreement form which shows an overdraft limit of zero with only one other mention, within the declaration, on unsecured lending not exceeding 10k.

My understanding is that an overdraft is a consumer credit agreement for running account credit and falls into various sections of the act. Can anyone offer advice on this scenario please?

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Hi zander.

 

Unfortunately, there is no requirement in the CCA for an overdraft to be signed, and as long as they informed you of things like interest rates, repayment methods, credit limits, etc., before making the agreement it is enforceable. And even if you didn't sign the paperwork this doesn't affect the fact that there is a contract and it is enforceable.

 

They are within the terms of the OFT waiver if they gave you the proper information before you agreed to the overdraft, and so... it looks like all you can do is reclaim any penalty charges on this account to make the overall debt smaller. :)

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  • 10 months later...

Same here. I get paranoid and found it best to calm down by ignoring the ammount of canvassers/unknowns we get, including the jehovas witnesses. We have a church of theres near by and we are regular fodder to them It feels. Have to give them credit for persistance.:)

 

Even had one caller professing to be giving away free money if I spoke to them, told them to put it through the door then go away

Edited by stardust_john
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Have to give them credit for persistance.:)

 

I hope you get them to sign a valid CCA which you can later enforce in court:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Knock at the door

Mrs Smith answers door - it's a couple of Mormon men

Mrs Smith: Aren't you those people who have dozens of wives?

Mormons: Yes, we are.

Mrs Smith: Well I think you should be bloody well hung!

Mormons: I can assure you, we are!

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  • 4 years later...

I had an authorised overdraft with Alliance & Leicester which was taken over by Santander.

 

A&L closed the account as retaliation for my succesful claim on charges.

 

The overdraft has been and still is being reported as a defaulted account with the credit reference agencies.

 

I have not acknowledged the alleged debt for over five years and wrote to advise the debt is statute barred ( I live in Scotland).

 

They responded by telling me it's six years , not five.....

 

. They also state that they have sent transaction summary statement and notice of sums in arrears at regular intervals under provisions of CCA 2008 which is not the case.

 

Even if they had, I've never acknowledged anything to them in five years.

 

Any advice on how to respond would be greatly appreciated.

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They are wrong. If you live in Scotland then the SB timing is 5 years from the first missed payment.

 

I will alert one of the Site team from across the border for you to confirm. :)

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whats the default date on the cra file from the summary?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks. Already sent this to them with an explanation upon negative prescription under the statute of limitaions act Scotland. It would appear that they failed to digest the content properly, or didn't want to?

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Makes no odds what they've sent you, if not acknowledged by you in a five year period, the 'debt' no longer exists.

They maybe think Scotland's a wee part of England :)

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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if its july the it will vanish soon too then

 

that'll upset satans bank

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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if its july the it will vanish soon too then

 

that'll upset satans bank

 

dx

 

Yes. They are reporting to the agencies until August 2013 so only a matter of months before it falls off. I'd like to make sure, through staute of limitations, they won't still chase for the alleged debt. I need to forcefully make them aware in my reply.

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It has been suggested you also provide them with a Map of the UK :lol:

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

Just received a letter from their complaints team after many hours of chasing them to remove the default as statute barred. The reply is somewhat confusing as they say that a default remains on file for six years regardless of whether or not a debt is statute barred? This, despite statute of limitations stating that the debt never existed? Any advice?

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Just received a letter from their complaints team after many hours of chasing them to remove the default as statute barred. The reply is somewhat confusing as they say that a default remains on file for six years regardless of whether or not a debt is statute barred? This, despite statute of limitations stating that the debt never existed? Any advice?

 

 

Any chance you can scan and post the letter up for us to have a peek ?

 

Follow the instructions below for hassle free uploading :)

 

 

Dx100 – Instructions on uploading pdfs

Scan the requiredletters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

 

However, I think what they are saying is that from the original default date - updating will take place for 6 years. But on the 6th anniversary of the default first being added then it will fall off.

 

So when did the original creditor first add the default marker to your credit files. If the debt is statute barred, then I imagine it doesn't have long to go before that is history :)

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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