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    • Yes the next step I think is a letter of claim. If you are not familiar with them already then please read up on this forum the steps involve taking a small claim in the County Court. It's not difficult but it's worth knowing the steps in advance so that you will be confident. Draft a particulars of claim and post it here. Keep it short and sweet
    • Last one for the night, do I send the Statue Barred letter recorded to the PO Box address on Overdales correspondence or to this address 2a, 606 Business Park, Staithgate Lane, Bradford, West Yorkshire, England, BD6 1YA for Overdales?  I found the second one on the Gov.uk company search engine. Thanks PM
    • Hi. Many thanks for your continued help. I will follow the advice and not get involved with phone calls, email only. The house was repossessed by the mortgage company Southern Pacific not Central Trust, but they did try some years earlier. They seemed to be taking it in turns at one point. I don't remember saying the debt had been sold to them or anyone else, as far as I am aware the house covered the mortgage, I have never heard from them. I just don't understand the figures or the terminology they used to explain the costs, find it baffling and far from clear.
    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
    • Evening dx will do, can I just ask what WHY is or have I just read it wrong?
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PPI claim against First national Motor


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Hi all

 

I have recent sent in the following PPI claims on the 8th November

 

PSA Finance

Pendragon

and also one was sent to

First National Motor Finance

 

Of course i am not expected an response straight away but i have got a response from Santander.

 

In their letter to me they confirm that Santander Consumer (UK) ltd is the facility manager for First National Motor Finance which ceased trading in Dec-03. They state on checking their records they can confirm that they have been unable to locate any credit protection insurance or payment protection insurance sold by us. So say they can not take the matter any further but if i have a compliant then go to the financial ombudsman.

 

Please note in the letter to them i enclosed a copy of the agreement i signed back in 1989 which show i have taken out a credit protection insurance this policy lasted for 5 years.

 

I know there is no time limit to claim this money back but what do i do when they say the company ceased trading and i have already provided them with the evidence that the policy was taken out.

 

I may be able to find some really old bankstatements showing this debit but what are my options now do i have to the Ombudsman or can i go back to them. My really concern they got the letter on the 9th and they responded the same day saying no.

 

Any response would be appreciated

 

Thanks.

 

Roe

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just a ruse to put you off

 

go get 'em!

 

do an soc and the fos customer questionaire

 

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 Dk

Just a bit confused

I understand you say to get a SOC but do you mean a SAR. If you do mean SAR then is this going to be a problem as Santander say the company ceased trading after my loan have been fully paid back.

Also I have already sent them a copy of the loan agreement with the PPI attached so why do I need to do a SAR?

I may be missing the point but I just don’t understand what the SAR is going to say that the loan agreement I have, I can also show a bank statement which shows the debit of the loan plus the PPI, I can also provide a copy of my credit reports going back to 2004 which I think shows the loan (I have this due to ID theft which is a completely different matter).

Surely the loan agreement, plus a copy of the bank statement plus a copy of the credit report is enough evidence to prove the loan and the PPI existed. But is the main issue that the company ceased trading?.

Regards

Roe

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soc is shedule of charges [spreadsheet]

and you'll need the FOS customer questionaire from here:

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

might also be an idea to have a read around in my sug etc

 

sant ARE your target

dont get fobbed-off!!

 

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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  • 10 months later...

Hi Emma

 

My loan was taken out with Lombard who then at the end of the day became First National but my loan was not to do with GE Capital Finance - the address i wrote to was

 

3 Princess Way

Redhill

RH1 1UR

 

but i addressed the letter to first national and i got a response from Santander. However i am not sure this is the address you need. When you do some more digging you will probably come up with the same address but a different post code. Sorry can't be any more help.

 

Regards

 

Roe

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