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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here 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. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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DLC charging order please help...


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Hi please can someone help me I have today just received a letter from dlc clients Hillesden Securities Ltd formerly Agos Card Services. I have been paying them monthly and now have received a letter saying they are going to issue a county court claim to apply for a charging order as my debt will take too long to pay back and they want some security... I am so worried do I phone them to say I havn't been asked to up my payments or anything or had any contact from them for a while debt is £1656 and I have been paying £15 a month. Can they really get a charging order on my home? am so worried I feel sick

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Sorry PGH, posts crossed. Don’t think a court would be too impressed by court action when you are making payments. As they are being greedy, let’s help you give them a good kicking...

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Thanks for your reply I will send them a cca just so worried that they will put a charging order on my house do you know if they have done this to anyone? to be honest I was going to up my payments with them to try and get it down and then when I can remortage again which is aug 2012 and then make them an offer. Just a shock letter like this is awful how can these people get away with sending letters like this.

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They can’t get a charging order without first getting a CCJ. They are trying to frighten you.

 

Also, once you have sent the CCA request, they cannot take any enforcement action while in default of that request.

 

Have you ever had a notice of assignment? When did you open the original account? Tell us all you can.

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Hi yes had a notice of assiegnment 2 years ago telling me debt is now with them - it was an argos store card I defaulted on in 2007 I had an arrangment with them then I missed a few payments so hence they passed the debt on to DCL. I have paid them ever since got a couple of calls over the past few years trying to make me pay more but I advised them I couldn't but not heard anything from them for at least 7 months now and I have been paying them on time

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sorry i dont think its worth doing the cca TBH. its a 2007 jobbie.

 

i'd be more inclided to SAR them and look to see if you've had loads of unlawful fees added & got PPI.

 

get reclaiming and ignore those fleecing dca's!!

 

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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Defaulted in 2007 dx – we don’t know yet when it was taken out, but as you say I imagine it‘s an unlikely route for success. Can you tell us, Suzie?

 

Does anyone know who administers Argos cards?

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Hi - the card was taken out in 2002. I havn't had any other charges added to the account and I didn't have any PPI either. I have been told that they cannot do a full charging order if the property is jointly owned its only a restriction they can put on it and that if we sold the property ( which we do not intend to) then the property can be sold without paying them a penny the creditor would only be told once the property is sold, is this correct does anyone know?

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well i doubt there's anymore to do then. just ignore them.

 

i take the letter actually had lots of :

if, but, maybe, could, instructed etcetc

 

and not just WILL go for a CO?

 

but they'll have to get a CCJ first, and you not pay it

which is VERY VERY unlikely as the judge would prob laugh them out of court and assign a smaller repayment figure than what they are already getting!

 

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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they just said - on phone or letter?

 

if letter

 

scan it up please:

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg 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.

the hit reply button

 

 

if they said that on the phone, then ignore!

 

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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Hi Sorry scaner not working! but the letter says:

 

Dear XXXXXXXXXXXX

 

Our Clients: Hillesden securities Ltd formerly Argos card Services

Client ref: xxxxxxxxxxxxxxxxxxxxxxxxx

Balance outstanding XXXXXXXXX

 

We are unable to accept your recent payment offer as it is unrealistic in comparison to the balance outstanding.

 

It is our intention to issue a County Court Claim againt you with a view to obtaining Judgment for payment forthwith then applying for a Charging Order on your interest in the property. This is because the repayment of your debt is likely to take many years and we need to obtain some form of security.

 

We feel this reasoning entirely valid but we can assure you that the Charging order is required a security only and there is no intention to seek an Order for Sale or use the Charging Order as a lever to force you to make payments you cannot realistically afford.

 

If you are in a position to settle the account by making an immediate payment,please telephone us.

 

Yours sincerely

 

Duncan Pearce

Team Leader

 

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

I had not even made a recent offer nor had any letters from them or phone calls to discuss anything for approx 6 months.

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Right and a charging order is going to make you pay the debt off quicker is it?

 

Send them this

 

Dear Muppets

 

I understand you are wishing to obtain a charging order on my interest in property, solely on the basis that you believe my current level of repayments will take longer than you would like for the whole outstanding amount to be paid. So i am little bemused as why you would seek such an charging order, as it is not going to speed up the repayment of the outstanding amount. Now please answer me this - When the judge asks you "why you're abusing the court process by trying to obtain a charging order solely because you feel my current repayments will take to long for the outstanding amount to be paid, when a charging order will not effect the lengh of time it takes to repay?" what is your answer going to be? I know what the judges answer will be and that's a striking your claim out of court, and in the unlikely event the judge does issue a judgement against me, he will first want to see my income and expenditure and will likely reduce my repayments to just £1 month. So basically, as i do not plan on selling any property over the next 50 years your actions would be completely pointless and an abuse of the courts.

 

Yours sincerely

 

See what the Muppet's have to say then.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Like the letter teaboy,,, will certainly use that one if the muppets Fredrickson international use that one. they have my argos card account now,, forgot about that one in the grand scheme of things, so see what they say to £669 at £1.00 a month

[sIGPIC][/sIGPIC]Happyhippy1959

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Hi Hippy

 

Yeah it will certainly be worth a try, and you never know, the logical points raised in the letter might make them so confused that their little pea size heads might explode. As we all know DCA's do not understand logical talk and only understand the illogical nonsense they write. lol.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 2 weeks later...

Got reply to the strongly worded letter pointing out that a charging order is only a restriction if the house in joint names and debt only in mine, anyway the letter just said we will accept your offer to pay £15.00 per month which I was paying anyway before they made a fuss ! no mention of the charging order they tried to scare me with these people are so low to send letters like that knowing full well they won't go ahead with it.

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Got reply to the strongly worded letter pointing out that a charging order is only a restriction if the house in joint names and debt only in mine (sorry is that what they said in the letter or what you said in the letter to them?), anyway the letter just said we will accept your offer to pay £15.00 per month which I was paying anyway before they made a fuss ! no mention of the charging order they tried to scare me with these people are so low to send letters like that knowing full well they won't go ahead with it.

 

Off course you got an acceptance of your monthly repayment offer, after the letter you sent. Considering all the bank holidays, am surprised they answered back so quickly, must have touched a raw nerve lol.

 

Well done Suzie :-D

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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