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    • are we getting there now .thks DEFENCE  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 replied to a request made under a pre action protocol   letter of claim  and a Consumer Credit Agreement request , pursuant to s.77 of the Consumer Credit Act 1974 )request made   on 19/11/2018 the reply contained  incomplete reconstitutions and with  with documents missing from the list in my request a cpr 31.14 request was made to the claiments solicitor on  02/06/2019 which the claiments solicitor has refused stating cpr  31 does not aplly even though no track has yet been allocated  1- The Claimant claims £657.10  is owed under a regulated loan agreement with  money in advance r. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply. 2-the  Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from either the Claimant or  money in advance  3 The claimant has produced  a reconstituted version of  the original agreement , it is considered that this is not a true copy of the executed agreement as it is the claiment has yet to  produced a copy of any legal assignment of this debt 4 It is therefore  not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Show how the Defendant has reached the amount claimed for  b) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. c) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  d as  per Civil Procedureicon 16.5 it is expected that the Claimants prove the allegation that the money is owed.
    • There's a difference in buying a car privately or at auction, and buying one from a retail seller, regardless of the price. buying from a dealer you have certain statutory rights as a consumer, and you pay a premium for the supposed benefit of buying from reputable source.    An engine management light could be a minor problem, the issue here though is that the seller delivered the car with the light on, then dumped it and made a quick exit, that gives a fair idea of his attitude to customer service. If the engine management light came on while the car was in the process of being delivered, any reasonable seller would have told the buyer the light had come on and taken the car straight back to sort it, not done a runner and hoped the customer wouldn't notice.
    • And....   It’s a £2500 end of life banger. If it gets from A2B it’s fit for purpose. What are you actually trying to say? 
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    • My personal experiences of Future Comms 
       
      Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!
      • 0 replies
    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
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      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
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If they ignore your complaints, then its more ammunition for you to use against them. As for court, what will most likely happen is once they have seen you intend to fully defend yourself, they will try to settle out of court as they dont want their business practices shown. They recently took someone to court who provided a defense, and the rep they sent managed to settle out of court around 5 mins before they were due to go into the courtroom.

 

Thats good to know that standing up to the bullies works, i fully intend to defend myself. they sent me a email the other day saying theyd accept a £100 a month repayment plan to freeze the interest, ive sent them yet another recorded delivery letter informing them yet again im on icome support but id up my token payment to £10 a month max to freeze interest but i only intend to pay the £200 loan plus the months £98 interest, and for them to supply a breakdown of how exactly they justify the extreme charges theyve added. i doubt theyll accept it.

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If youre on benefits, then they get £1 a month. Regardless of their anctics. They also need to learn that repayments are made around YOUR financial situation and not whatever arbitrary number they decide to throw out. There have also been a few reports int he last week or so of some PDL's actually asking if a debtor can decrease their essential outgoings in order to pay them more per month.


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

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If . There have also been a few reports int he last week or so of some PDL's actually asking if a debtor can decrease their essential outgoings in order to pay them more per month.

 

they have some cheek like dont they, thats kind of like them asking people not to feed their child or keep the house warm, so they can pay them more money, no ones going to do that, these pdl companies have some cheek

Edited by tinkerbell_2k12

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morning all

this morning ive recieved a letter through the post from NDR which is rather funny since ive got an email from 2 weeks ago stating they are a paperless office. The address on the letter shows their in the same building as speed credit, their that stupid its like theyve given me all the proof in my hands that speedcredit have inhouse crooks as thier debt agency.

 

 

Id personally like to thank renegadeimp for all their advice and help, you do great work on these forums and give people the confidence to stand up to bullies theyre nothing to be frightened of :-)

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So much for their previous excuse that they only use the same software.


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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Just a quick update for you i sent NDR this email which actually triggered a response

I wish to make yet another offical complaint, about the amount threating emails you send. You keep sending emails stating i havent made contact with you. ive replied to every single email you've sent me. Ive sent you letters through the post that were recorded delivery, and they were signed for at your end which i proof of. I included a budget sheet in those that informed you of my current financial situation. yet you refuse to freeze interest even though im sending you token payments till more money becomes available.

Ive made every effort to resolve the debt with you and if you wish to proceed to court i have full proof of it, and proof of your unlawful harrassing threats.

To which their reply was....

 

Thank you for your complaint.

Any payments made will be added to your file but WILL NOT be known as a payment plan nor will we freeze any interest.

We cannot freeze your file from correspondence or charges until an agreeable offer has been accepted and a repayment plan has been set up.

Please confirm by return how much and when you will be making a payment

Yours sincerely,

COLLECTIONS (129)

NORTHERN DEBT RECOVERY

0843 381 0843

NOTICE: The contents of this e-mail are intended for the named addressee only.

It contains information which may be confidential and which may also be privileged. Unless you are the named addressee (or authorised to receive for the addressee) you may not copy or use it, or disclose it to anyone else. If you received it in error please notify sender immediately and then destroy it.

 

so really its like them saying no we're not interested in what your saying unless you pay what we say, i already offered them £10 a month a week ago

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surprise surprise i cant contact them about because you get this automated email

Payment Plans

 

It is always advisable to stay in contact with your creditors to avoid additional penalty charges.

 

Loans are meant to be repaid in full at the end of the initial loan term. This is made very clear in the terms and conditions you agreed to when you took out the loan.

 

We cannot accept a payment plan.

 

Please confirm when you will be making FULL PAYMENT to close your file.

 

Please note payment of GBP 762 needs to be made by 07.08.12 to stop this file being passed to third party Recovery Agents and further fees being added.

 

however......

you can rollover / extend your loan by just paying the interest on day 28 of your loan. You will receive an email explaining this when you are eligible

 

 

Yours sincerely,

 

COLL ECTIONS

NORTHERN DEBT RECOVERY

 

i need help with the following can someone give me that quote about how you only need to speak to them in a way you understand, as i have told them i wish to only speak in writting numberous time to which i have recieved the following now

 

 

Your have made NO effort whatsoever to resolve the matter of your debt with our client Speed Credit in respect of your Speed Credit Pay Day Loan*. We have no option now but to allow Solicitors, Door Agents and Bailiffs to deal with this case. You are liable for the full debt and will be pursued together with all evidence of your constant refusal to speak to us. This will NOT act in your favour as this matter progresses.

 

You currently owe:

Loan and Interest GBP 392

Cash Transmission Fee GBP 5

Missed Payment Fee 1 (day 29) GBP 10

NDR Accept Case File GBP 200

Missed Payment Fee 2 (day 43) GBP 10

Solicitors - Case Preparation GBP 150

 

Repayments todate GBP 5

Total GBP 762

 

Please note

1. Door Agents h ave been dispatched

2. Solicitors have been briefed

3. Bailiffs have been informed

Judgement will be sought and a Warrant of Execution to seize goods/obtain an attachment of earnings.

 

CALL 0843 381 0843 NOW to STOP further action

 

the part ive high- lighted ive emailed so how have i had constant refusual to speak to them?

Edited by tinkerbell_2k12

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Time to get it to the OFT as part of their investigation. They are trying to play ignorant, in hopes that you will just give in and say "whatever" and pay what they say.


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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will do, i dropped NDR a short little emailing telling them id quite happily let them just take me to court as i have proof of their constant refusual to take notice of emails, compalints and letters ive sent, and that im sure a judge would disapprove of their threats.

Also i got a text 5 mins ago saying that the bailiffs are comin, yadda yadda yadda and that court action and home visits are imminent. ive always been under the impression it has to go to court before bailiffs can be involved. either this company just persumes many people dont how the law works or this company are just plain thick and stupid and thought it was a bright idea to say that to people.

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For bailiffs to even be considered, they would need to take you to court, win a judgement, you would have to default on the judges instructions or a time order request if you made one, the debt would then go back to court, you would have to explain to a judge why you havent paid, the judge would then decide whether to give you more time to pay or instruct further procedures. Only after all that ( and a few other things have happened) would the possibility of bailiffs even be considered. This is a lengthy process.

 

In short, theyre talking complete bull****


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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so after telling them id happily go to court i get the following

 

Thank you for your message,

You currently owe £762

Please note that as you borrowed £200, you are being charged £48 every 14 days. This is CLEARLY STATED in the terms and conditions YOU agreed to.

YOU agreed to the terms and conditions with your double digital signature by way of entering your email address in twice then clicking \'I accept and agree to the terms and conditions\'. The terms and conditions that you agreed to are legally binding under The Consumer Credit Act 1974.

Please remember that your original loan was for 14- 28 days ONLY.

You have only made a payment of £5 since you took the loan out on 12.06.12

Here is a COMPLETE breakdown of your account to-date with ALL the dates and the amount of ALL charges:

12.06.12 Issue LOAN £200.00 –

13.06.12 Charge Interest-1 £48 –

13.06.12 Charge Cash Transmission Fee £5

27.06.12 Charge Interest-2 £48 –

11.07.12 Charge Interest-3 £48 –

11.07.12 Charge Missed Payment Fee 1 (day 29) £10

25.07.12 Charge Interest-4 £48 –

25.07.12 Charge NDR Recovery Fee £350

25.07.12 Charge Missed Payment Fee 2 (day 43) £10

Payments to-date:

11.07.12 Payment -£5

Your offer to pay £10 per month has been rejected. However any payments made will be added to your file but WILL NOT be known as a payment plan nor will we freeze any interest.

The minimum offer we can accept for a payment plan is £40 a month.

We cannot freeze your file from correspondence or charges until an agreeable offer has been accepted and a repayment plan has been set up

 

so after weeks of ignoring me they obviously theyve read my emails ive offered them more than theyd get in court, well they can kiss my ass cos all ill be sending is the £1 a month

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Terms and conditions do not override your legal and consumer rights. No matter what the idiots at the PDL say.

 

I also love how they think all those charges are enforceable. Especially the £350 NDR fee which is explicitly stated in OFT guidance as being an unfair charge. As for them saying the min they can accept is £40 a month, the law says otherwise. Repayments are to be made according to your financial situation. It's why we have consumer law, OFt guidance etc etc.


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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I wish they had sent a break down of what the £350 was actually for, would have been an interesting read, wonder if it was for passing the file over to the person on the desk infront of them.

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The £350 is there purely as a money maker. Remember, these sc@m artists deal with tens of thousands of people asking for loans. The vast majority of them never question the amount as they don't know any better,


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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isnt toothfairy and speed credit meant to be on different credit licenses?

 

Just through the door this morning ive received a letter from Appleton massey solictors, saying their working on the behald of NDR, and it says the following

 

In the event a judgement is obtained, it is likely we will be instructed to enforcement against you. This may involve one of the follwong

 

Applying for a warrent of execution to instruct bailiff or high court enforcement officer to seize and sell your goods to the vaulue of the deb t plus interest

Apply for a court attachment of earnings order

If you own your home applying for a charging order over your property to the value of the debt plus interest

 

In the event the debt exceeds 750 we may be instructed to a serve a statuary demand upon which is unpaid may result in bankruptcy proceedings against you

A court judgement is likely in any event.

 

 

Saying the could put bankruptcy proceedings against me seems a bit of a big far fetched threat dont you think

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They are meant to be completely separate companies and have no connection between them ( their words).

 

Appleton Massey are well known to CAG. They are pretty much exactly like Bryan Carter. Solicitors for rent and go for as much money as possible.

 

Maybe its time to update the OFT/trading standards, even the solicitors regulatory authority on what is going on here. Especially now Appleton Massey are issuing empty and false threats.

 

Remember, the OFT states that only one company should be chasing a debtor at a time. You currently have Toothfairy, speedcredit, NDR, Appleton massey, and possibly Marshall Hoares.

  • Confused 1

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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ill get them updated today, its ridiculous how they think its acceptable to be harrassing people through so many forms when theyre not allowed to..

The txt countdown to bailiffs ended yesterday so im guessing i should be expecting some form of contact from marshall hoares today.

NDR Seem to be ignoring me again since after the email they sent saying my offers for repayment were rejected i sent them an email quoting emails theyve sent me stating ive made no contact, they mustnt of liked it that i told them they were ignorant for ignoring contact ive made with them which they obviously had read. They havent sent me a breakdown of what the £350 is for which i requested either.

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Well, they are under investigation atm, and they are breaking so many rules, CCCS even stopped authorising payments to them.


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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"The txt countdown to bailiffs ended yesterday so im guessing i should be expecting some form of contact from marshall hoares today".

 

You will.Another countdown.

I did send Appleton Massey an email regarding the antics of SC/TF,but they did not reply.Also,I never heard anything more from them.

 

Regards,John.

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Appleton MAssey just run off whenever they get a hint of a debtor knowing their rights. As i said before, they are just another company like Bryan Carter and Co. Solicitors for rent to the highest bidder.


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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Just gettin the new countdown next now, they must be so predictable.

 

anyone noticed just how stupid NDR are, on there online form where it says question opinons one of them is, What is our relationship with Northern Debt Recovery and Marshall Hoares Bailiffs.........well you are meant to be Northern Debt Recovery obviously someone at toothfairy made that website maybes?

Edited by tinkerbell_2k12

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as i informed you yesterday about the solictors letter that literaaly kinda said get NDR paid as soon as possisble yadda yadda yadda, my debt has been offically signed over to marshall hoares and they now own the debt, they didnt even give me a single day to reply to the letter. Anyways now it with the so called bailiffs do i just start from the begining again and send the letters i sent Speed credit and NDR.

 

Also this email only gives a telephone number it doesnt even state any other form of being able to contact them, or how to pay my token payments to them.

 

We are writing to give you formal notice that Speed Credit has legally assigned the rights of the above debt to Marshall Hoares Bailiffs. This means that Marshall Hoares Bailiffs Limited now legally own this debt.

 

Our records show that you have failed to make payments / not come to an acceptable payment arrangement/ not responded to correspondences / when agents have visited your addresses you have not answered.

 

We intend to pursue you fully for all outstanding sums including any fees we incur collecting this debt. Payment of 762 must be received in full no later than 13:00 S EVEN days from 07/08/2012

 

TAKE NOTICE: You should accept this letter as formal notification that unless payment is received within 7 days then your account will be considered for the following:

 

Consequences of inaction:

1. Court Judgement legal action will be automatically started in the County Court for recovery of the full amount outstanding. Any such proceedings will include additional claims for legal costs and interest which will increase the amount you will be required to pay.

 

2. Warrant of execution will be applied for to enable us to seize goods at your addresses and or an attachment of your earnings.

 

3. Register of Judgements the judgement will be entered in a public register, the Register of Judgements, Orders and Fines Credit Reference Agencies, who will supply them to credit grantors and others seeking information on you financial reputation. This will make it very difficult for you to get credit.

 

4. Credit reference Speed Credit have already advised the Credit Reference Agencies of your Default. This may seriously affect your ability to obtain credit in the future. Once the balance is paid in full, only then will the default be shown as "Default Satisfied".

 

Yours Faithfully

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Another letter that breaks oft guidelines. Its funny how they can "sell" a debt to themselves.

 

They also are NOT bailiffs.

 

Send them the account in dispute letter. Theyve bought the debt even though it was under dispute.


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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Ok will do ill get that sent out today, ive looked on their website they seem to have an address so ill just sent it there. Its all so funny that all 3 websites are the exact same layout, which gives it away they arent a different company

 

silly me for not noticing the address is in the same office building as speed credit and NDR yet again

Edited by tinkerbell_2k12

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