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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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gust

old HFC Debt - now with TBI - Claim Form Received.

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Have a read of a non-compliance court success here

 

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thanks ims

 

next step - i need to see if postal order is cashed then

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

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ok i have had my SAR now

 

alot of it is jargon print offs to be fair

 

i will do the sums for the loan and try figure it out

 

can you remind me which spreadsheet for front loaded PPi for loans

 

and which spreadsheet for credit card PPi

 

that i need to use

 

many thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

1st one for loan

 

CC's

 

2nd for int in restitution if you are prepared to goto court

 

or the last one via the FOS.

 

if they refuse

 

dx


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good evening -

 

well this has ben sold/assigned to another DCA.

 

what is the best course of action? please read post #45 as that was not answered and also now this in the hands of another DCA even though my CCA request wasnt signed

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

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Good evening.

 

One DCA was chasing me for a debt - i sent them a CCA request a few years ago

 

they sent and unsigned credit agreement, some DD mandate with different dates on and some knock up statement.

 

The default has dropped off CRA files.

 

I think its isnt stat barred though i made a payment being naive and wasnt sent all details or proof etc.

 

Is an unsigned agreement failure to comply? I didnt write a letter to place in dispute and they have been sleeping dogs for a long time.

 

Now i have another DCA writing to me demanding all the payment.

 

what should I do now? since the default has gone, i dont think its stat barred but no signature on agreement.

 

so I write to new DCA and place in dispute? tell them the default has gone? I'm not sure what to do

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Start again with a CCA request. This time, follow it up by disputing the account.

 

Obviously the last DCA saw the folly of what they had provided or you would have been hounded to hell and back.

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cheers

 

so an unsigned agreement is not compliant then? it would have been from 2004 ish


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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cheers

 

so an unsigned agreement is not compliant then? it would have been from 2004 ish

 

Not necessarily - but the T&Cs may have been missing or something else was wrong. The behaviour of the previous DCA indicates that is was not compliant.

 

Either way your tale will not win much sympathy with the new DCA. According to their view, you have had a response to a previous CCA request and the account is not in dispute. You are, therefore, fair game from where they stand.

 

Nope - start again. CCA request to the new DCA. When you get a response, post up what you get for advice on whether it is enforceable or not.

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thanks I will do that then.

 

Keep you posted.

 

at least the default has gone! and that cannot be put back on


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Hi, well this was passed to DML so I sent them a CCA request. I have received a letter from TBi's in house "solicitors"

 

letter reads

 

were are in house solicitors who are due the sum of £XXX under the above agreement.

 

Our client company passed their file to DML to collect this debt on their behalf, however we have been forwarded a copy of your letter to them requesting a copy of the agreement in accordance with section 77 of the consumer credit act 1974. we are surprised that you have requested the same, as our client company previously provided you with a true copy of the agreement in 2010.

 

We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983. We also refer you to the high court decision in Carey V HSBC (2009), which confirmed that a reconstructed agreement is still a true copy of the agreement.

 

As we have now dealt with your request we trust you will cough up in order to avoid any legal action taken against you.

 

 

OK - "agreement" has no DATE - NO SIGNATURE - NO SIGNATURE on behalf of HFC bank on it.

 

DO i need to send Failed CCA letter? them seem pretty sure of themselves even though its not even signed??

 

thnks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Hi, well this was passed to DML so I sent them a CCA request. I have received a letter from TBi's in house "solicitors"

 

letter reads

 

were are in house solicitors who are due the sum of £XXX under the above agreement.

 

Our client company passed their file to DML to collect this debt on their behalf, however we have been forwarded a copy of your letter to them requesting a copy of the agreement in accordance with section 77 of the consumer credit act 1974. we are surprised that you have requested the same, as our client company previously provided you with a true copy of the agreement in 2010.

 

We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983. We also refer you to the high court decision in Carey V HSBClink3.gif (2009), which confirmed that a reconstructed agreement is still a true copy of the agreement.

 

As we have now dealt with your request we trust you will cough up in order to avoid any legal action taken against you.

 

 

OK - "agreement" has no DATE - NO signaturelink3.gif - NO SIGNATURE on behalf of HFC bank on it.

 

DO i need to send Failed CCA letter? them seem pretty sure of themselves even though its not even signed?


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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That was poor advice IMO, to have sent another CCA request, one is all that is required, now you have fallen into the letter tennis trap.

 

Not to worry,

As we have now dealt with your request we trust you will cough up in order to avoid any legal action taken against you.
Your words or theirs?

 

If this isn't on your credit file, then you should have just left well alone.

 

IMO, I would just send them this letter as your final response to the matter, and tell them that you will not entertain any further protracted correspondence from them.

http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

 

Edit to suit, and send it 2nd class but obtain 'proof of posting' from the PO counter which is free.

 

P.S. When did you take this agreement out?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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its from 2004 ish

 

Cough up was just abreviated...

 

the rest was their words.

 

the default has gone for this.

 

so whats the deal with the forms having no date, no signatures?

 

thanks


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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AFAIK and can remember, the agreements pre 2007 need to be an 'actual' copy of the original agreement, and not just a recon, although they can issue recon's this is not good enough should they decide to take legal action.

 

Do you know when you actually made the last payment? This would help immensely as to the next course of action.

 

I am inclined to say leave well alone after that letter, or even now perhaps, as they would need the original to take action. TBH if legal action was going to be taken then they would have done so years ago, and unless this circus outfit actually own this debt, then they can't do anything other than send you their puerile empty threats.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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2008 i think.

 

i had some paypoint card so cant find the actual date. around that time


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

 

Print that off and wait for their next missive before sending it, see what their next threat letter proposes to inflict on you.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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ok thankyou

 

so sit and wait then? dont fire this off just yet

Who should i write to now? the solicitors of the first DCA who just wrote to me or the new DCA i sent the request?

 

ta


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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Ignore the first DCA yes. I assumed that you had originally sent them a CCA request, they replied with a recon? You ignored them, and now they have passed it on to DML (debt managers Ltd???) Who you sent a second CCA request and they have replied with the above missive from Tbi Solicitors ?(Tilly Bailey & Irvine??)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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david jones solicitors, who claim they are TBI's in house solicitors. 2nd CCA recently was sent to DML and they have not replied and passed it back. Now david jones are writing to me


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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We also refer you to the high court decision in Carey V HSBClink3.gif (2009), which confirmed that a reconstructed agreement is still a true copy of the agreement.
Quite true, but for agreements before 2007 they need the original agreement, not a recon, to take it to court.

 

They love quoting Carey but forget who was the claimant in that case.

 

Listen to BB.


Illegitimi non carborundum

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thankyou BB and zydeco


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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what is this also?

 

We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983


Credit Reference Agencies - not all details will show on all 3. So check all 3

 

Noddle (callcredit) free

https://www.noddle.co.uk/

 

£2 statutory credit report off the other 2 listed below.

 

Experian

http://www.experian.co.uk/consumer/statutory-report.html

 

Equifax

http://www.equifax.co.uk/Products/credit/statutory-report.html

 

 

If i help feel free to click star on my post. cheers

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We enclose a further true copy of the agreement in accordance with section 3 of the consumer credit (Cancellation notices & copies of documents) regulations 1983
A bit of bedtime reading,

 

http://forums.moneysavingexpert.com/showthread.php?t=2080173


Illegitimi non carborundum

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Right so this is doing the rounds, classic case of a dodgy debt.

 

There is a letter you can send to Sols who threaten legal action when the account is already in dispute, but for some reason it won't allow me to access it??


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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