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    • I Hope you can hep me please.   I have received a letter of claim from lester aldridge for Intrum uk finance limited    stupidly i didnt realise it was dated 26th October, so I will not be able to reply within 30 days but post!   it was for a halifax cc originaly owned by moorcroft in 2018 then by intrum from 18/7/19.   i sent a CCA request to moorcroft end of 2019 and recieved reply early Jan 2020. acknowleging receipt of CCA and requested files from client. also stated they are not seeking enforcemnet.   received a huge package of statements from 2012  to 2018 with a covering letter saying please see copy of bill/statement/breakdows/agreement   i cant see any terms and conditions or my signature of setting up card agreement etc?   I would greatly appreciate any help you can give me in terms of what choice i have for the PAP letter? do I phone instead to be within the 30 days? or fill it in anyway. If so what option do i select, is it that I dispute the debt etc?   many thanks  
    • Yes they can......its irrelevant if its statute barred or not...because they will get a default judgment but only if you have moved and not informed them of your new address...as your previous known address is deemed good service.   If you have informed them of COD and you have not made payment or acknowledged the debt within a period of 6 years (5 Scotland).....you simply defend on the basis of the claim being statute barred...but you can only do that if you get the claim form and defend in full....hence the need to keep your address up to date on all financial matters.   The statute of limitations can not be extended in any scenario.....but who would know unless you defend the claim.   Andy    
    • sorry didn't mean to come across as demanding...apologies I know that I don't have a CCJ but i was wondering if a DC could bring a CCJ against someone after they had not been in contact for over 6 years, on the basis that the debtor had not told them that they had moved, ie could the DC use that as a reasonable reason to extend the 6 year period? Even if the debtor had not acknowledged the debt or made any payments, for over 6 years. sorry I know what i am trying to say but probably not expressing it very well.
    • yea ok have patience we are volunteers you know.   we call backdoor CCJ's roboclaims. northants bulk issues 750'000 a year - that exactly why it was setup by the court system as no-one checks anything and no humans is ever involved so yes you can get get a CCJ on an SB'd debt if you've not told the debt owner where you now live there are 100's of backdoor CCJ threads here already.
    • OK, so as time is running out ...   Get the CPR off tomorrow with a free Certificate of Posting from the post office.   Get down to the car park, take photos of the signs, try to suss out what they reckon you did wrong.  I see it's a P&D car park so presumably you didn't pay or stayed longer than you paid for (although there seems to be a barrier on exit so how did you get out?!)   Normally we say to check with the council if the car park has planning permission for its signs, but this is a multi-storey car park so presumably they bothered with PP!   Look in the PPC Successes thread at the top of the page, any thread with "claimform" in the tile should have an example of a defence.  Post up a draft of what you propose to send, it needs to be as generic as possible.    The important thing at the moment is filing the defence.  In the longer term, once we get hold of their letters (either through CPR or a SAR if they refuse to reply to the CPR) we can see what other holes to pick in their claim.      
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Once a loan has defaulted CONTRACTUAL interest cannot be charged at a ursury rate, which is what they are trying to get away with. Basic breach of contract law there.

 

I don't believe in 'going for the full legally pleaded defence' when it is blindingly obvious the particulars of claim are enough to cause the company nightmares.

 

We need to know the legal team dealing with this as this again gives us vital clues as to how to do the defence.

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Ok thanks sillygirl1,

 

do you have the draft defence you have done that I can use? I really appreciate your help with this.

 

In terms of the legal team, it looks like its just a department within quid market, it doesnt give anyother details or names.

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Once a loan has defaulted CONTRACTUAL interest cannot be charged at a ursury rate, which is what they are trying to get away with. Basic breach of contract law there.

 

 

This is incorrect.

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Really appreciate your help on this and I thank you for doing a defence for me, real shame it has posted on here. Cant work out why. Does anybody else have any ideas or can anybody else help me with a defence as I am running out of time. Many thanks!

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Where are the Particulars of Claim guilfoyle? ..if you could re post.

 

Regards

 

Andy

We could do with some help from you.

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The particulars of claim are -

 

"Repayment of short term loan paid direct into the defendants bank account on 25/01/12. repayment due on 28/02/2012, loan not repaid on due date by defendant as per loan areement.

Proactive written and telephone attempts to communicate with Defendant as per loan agreement has failed to achieve resolution, repayment or acceptable repayment planlink3.gif. As per our loan agreement a daily rate of interestlink3.gif has been charged since default."

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Also Andy, sillygirl posted a defence for the second time which I saw on here and then I few minutes later it has gone again! why would that be as I really need to use it?

 

It has been unapproved. Please hang fire :)

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Site team have now been informed I am no longer taking an active role in this part of the forum - I am not legally trained and am not putting in legal stuff in defences as it often leads to further problems I cannot help with.

 

Sorry but this is now the third time a particular site person has intervened on something that was not needed nor commented or reported on as being a problem.

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Site team have now been informed I am no longer taking an active role in this part of the forum - I am not legally trained and am not putting in legal stuff in defences as it often leads to further problems I cannot help with.

 

That's a very sensible decision.

 

Best wishes.

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Guilfoyle I will draft you a suitable response shortly...just bear with me.

 

Regards

 

Andy

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We could do with some help from you.

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Just to enlighten you, "1st Stop" pay day loans took me to CC and tried to take all the money from my wages - I wrote back to the CC and it was agreed I pay them £20 per month.

 

So, "1st Stop" have taken me to court, but surely I can't be the first that this has ever happened to?

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Take a read of this thread for now Post#39 contains the defence...then we can finalise a draft.

 

:- http://www.consumeractiongroup.co.uk/forum/showthread.php?362955-safe-loans-court-papers-issued-20-08&p=3989451#post3989451

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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What date is on the summons guilfoyle?

 

Andy

We could do with some help from you.

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You have until the 4th December to submit your defence ( 33 days ....2nd Nov) 5 deemed served so 28 (14 to AoS and a further 14 to submit your defence) =4th Dec.

 

 

Regards

 

Andy

We could do with some help from you.

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Hi Andy,

 

Thanks for the link, I've had a look over and still unsure how to start my defence. Are they allowed to charge the interest they have? and also can I mention anything about the harrasment phone calls each day at my place of work and the fact they told the customer service people where they were calling from etc?

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Hi guilfoyle

 

Every defence is unique as is every Particular of Claim...we can run through the finer detail next week... don't worry about the draft for now..just gather as much information as you can..history/paperwork..I will sort the draft defence for you.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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