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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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Seriously, what a bunch of clowns. I have been their customer for 6 months, now I can't pay and they are trying to get me to fill in a I&E form and won't accept it without the names of my creditors, which I have refused to give them and we are now just going around in circles. It's hiliarious. I have given them a basic I&E without names but here is the latest reply;

 

From: james.king@wagedayadvance.co.uk

To: xxxxxxxxxx

Subject: RE: IMPORTANT INFORMATION REGARDING YOUR ACCOUNT WITH WAGE DAY ADVANCE LTD

Date: Mon, 9 Jul 2012 08:38:08 +0000

 

Dear xxxxx

You can provide as little or as much details as you would like regarding your income and out goings as this is purely for your benefit if you chose to miss expenses then we cant take this into account but this is entirely your choice. However we do require a list of creditors even if it is only the balances owed as stated previously we need this information to work out your pro rata (which is used by the courts) as also stated before we are trying to help you but I am sure you can appreciate that you took a loan and signed an agreement that you were to pay x amount back on x date you are requesting now that you pay £20 a month towards this breaking your agreement. And all we are asking for is some basic information in order for us to help you do this if you are unwilling to even provide this information then we are not in the wrong as we are trying to help but we cant without the figures.

Regards

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They dont need to work out ANYTHING. An I&E form is there to show proof of YOUR offer of repayment. Not for them to work out a repayment plan for you.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They dont need to work out ANYTHING. An I&E form is there to show proof of YOUR offer of repayment. Not for them to work out a repayment plan for you.

 

Hey, I am correct in saying that I cannot be forced into that. And I am corrent in saying, I am not legally obligated to show my creditors, that information is privy. I gave them a basic IE without creditor names, they obviously want names for some reason and they want me to sign it, which I won't.

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You dont have to show them creditor names at all. Theres no harm in doing so, but theres also no reason to do it.

 

Credit Card 1

Credit card 2

Loan 1

Secured loan 1

Mortgage

Car payments

 

Just a list like that is sufficient whether the idiots like it or not. If they want you to sign it, just use digi sign or print the letter out with a signature box as below:

 

xxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxx

 

Using a light Gray font colour, then write over it in a black biro using an illegible scrawl you wouldnt use to sign legal documents with.

 

However, why they want you to sign it is suspicious enough by itself. Just remember, if you choose to sign, do not sign it without some form of protection. See http://www.consumeractiongroup.co.uk/digitalsignature.php for more info.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You dont have to show them creditor names at all. Theres no harm in doing so, but theres also no reason to do it.

 

Credit Card 1

Credit card 2

Loan 1

Secured loan 1

Mortgage

Car payments

 

Just a list like that is sufficient whether the idiots like it or not. If they want you to sign it, just use digi sign or print the letter out with a signature box as below:

 

xxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxx

 

Using a light Gray font colour, then write over it in a black biro using an illegible scrawl you wouldnt use to sign legal documents with.

 

However, why they want you to sign it is suspicious enough by itself. Just remember, if you choose to sign, do not sign it without some form of protection.

 

Yeah I did a IE similiar to that, they are not accepting it. They want names, here we go again I guess.

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Personally i would remind them of their obligations under OFT guidance on debt collection. Also tell them that there is no legal requirement for you to submit an I&E, but you submit one anyway in good faith. Make sure to add that an I&E form is used as proof of your intended repayment plan. It is NOT their business to work out what you will repay.

 

You need to start making official complaints to the OFT and the PDL. For the PDL, demand a copy of their company complaints procedure. Once you have sent the formal complaint by letter or email to the PDL, the 8 week timer starts ticking so you can take the issue to the FOS.

 

Hopefully, once they realise that you aren't a mug and you know your rights, the idiots will back off and agree to your repayment plan.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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