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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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1st credit chasing me for a Halifax Current Account Debt


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Hi, I had a joint current account with my wife. We had it as a separate account from our main one with another bank. we did not have much in it and rarely used it. I used the card from it from time to time to make online purchases. Unfortunately I forgot how much was in and it went od. I found this out a few weeks later after i got a letter informing me of the situation. I phoned them up to see how I could have got and OD as I never signed up or asked for one at the time. In the meantime they kept applying charges.

 

This was in dec 2007 and they did send letters from time to time and also call me but I always said on the phone that i was not prepared to pay the charges as I did not sign up for an OD. They calls continued and I still offered to pay for the spending not the charges. All went quiet for a couple of years or so. Then I started to be contacted by 1st credit. They have tried all ways to get me to pay and they now phone me almost daily and text me. They also ask for my wife again phoning the house and mobiles daily.

 

I have asked on several occasions for proof that I signed up to an unauthorised OD which I believe is the CCA original agreement. when I first asked for this they went away to get it and never sent it. This went on for months. They then sent me a statement from the bank account saying that they did not need to do anything else. They are now threatining me with a visit from one of their representatives.

 

Please can anyone help? I have made them an offer of £150 to clear it as I do not dispute owing the money I went over by. I spent that it was my mistake. However I do not want to pay the charges as I believe I am in the right. The debt is almost £500 they offered me to settle at £360. I refused.

 

Sorry for the long post, any help is appreciated.

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Stick to your guns and never consider giving in. As for the calls you should never talk to these people on the phone. If they call you never under any cicumstances provide them with personal details. Write to them making the offer of £150 as full and final settlement. (Take it or leave it approach) As for doorstep collectors simply tell tem to p--s Off. However they rarely call these days.

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the bank would have written this off against tax years ago

 

these fleecers are just trying their luck before it goes SB'ed

 

if it is not already.

 

check your cra file

 

see below

 

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 the bank wanted the money

they would have done something about it years ago

they know they can never go to court

becuse of a fear of a counter claim on the charges

 

can you check her CRA file please

 

see below

 

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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Further info for you. I have a copy of my experian credit report from Jan this year. The debt is registered to 1st credit it says date started 02/03/05 defaulted 20/01/09. Looking back I have a letter from Halifax dated 07/10/11 saying that the debt was sold to 1st credit in July 2011.

 

All this is quite confusing to me, as none of the dates seem to tally.

 

Any thoughts ?

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so you must have hit trouble around jan 09

the default ad thus the account will be there until prob 2016

 

but when was your last financial transaction in/out.

 

who was it that offered the discount in post 1

 

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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the discount was offered by 1st credit. last transaction I made was july 08 that was an online purchase which sent me overdrawn and started it all off it recurred in august and sept even though i was well od. The charges continued to be added by them until 31st jan 09. they then closed the account.

 

hope this helps

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then def ignore everyone

 

its either PENALTY charges

or

PPI

or

un-en paperwork

or

it IS SB'ed

 

very rarely do discounted debts get to court

 

because they are afraid of a counter claim.

 

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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full circle then.

 

well if you need it off the file

the only way will be by an F&F offer to 1st credit

with the STRICT condition that the debt is marked 'settled' [NOT partially settled']

and ALL neg data is removed.

 

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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So, I offered £150 and they say that they will only accept £370 ish.

 

I really need some advice to let me know if they are acting lawfully.

 

you have not indicated to me where I stand with these guys.

 

Can I keep refusing, is the debt lawful.

 

Do I have a leg to stand on when refusing.

 

I really need to know where I stand.

 

Can you let me know or can you tell me where to look please.

 

So far I am confused with what you have told me. I do appreciate you answering.

 

Just to let you know they phoned again today and spoke with my wife they were being nice and taking the softly softly approach.

 

Kind Regards

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i think all that is now out the of window annd immaterial.

 

if you want your CRA file clear the only way is to pay them

they offered £150 start ther

 

but you really need to not use the phone ever!!

 

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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I really am confused. I have asked for help but nothing you say so far makes sense to me. If you cannot help me that is fine but I wish someone could. I appreciate you answering but I feel I am no further forward. Is there anywhere else on the forum I can look to seek help?

 

I just need concrete answers not vague ideas which keep changing each time.

 

Regards

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will either you want to clear your file - which will cost you to do it.

 

or

 

you ignore them.

 

they've offered a discount

they'll never go near a court

but that doesn't clear your CRA file

 

simple

 

your choice.......

 

go do some reading on other like threads using the search top right.

 

they are the options you havbe

 

no dca's has ANY LEGAL POWERS

to do anything to you

 

all they do is hold people to ransom that need their CRA files clear

or

spoof people into paying debts that are already dead for one reason or another.

 

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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