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    • It doesn't need to but it makes no difference.   What you will find is that if the judge finds in your favour, they will award the sum and ask you if you want anything else, it is at that point you claim interest and your expenses (if applicable) such as lost work etc
    • Just a few suggestions -  I wouldn't be listing the attachments in your index. Just say exhibits then have a page of an exhibit index right before the exhibits start move the defendant's evidence bit above the the previousy reported cases. I believe if you look at the macbook case, you will see similar I also think for the issues in dispute and not in should be short bullet points not full on sentences (for example point. 8 paragraph 3 isnt an issue in dispute or not its just an explanation - the list of dispute/not in dispute should be short and concise. Information about the points should be in your wintess statement. Also on page 3 you switch between bulet points and numbers, I think you shoud be using numbers throughout so you can refer to it much easier.  Also I'm not sure why you have put your issues in dispute as part of your witness statement. I would be putting this as a seperate page before your witness statement. point 25  - I would add something that says something similar to "The Defendant cannot rely on a contract they have not provided to exclude their liability" I also see lots of switching between I and the claimant. Its a mere point of how it reads but I think you should stick to one or the other not use them interchangeably. Also, I would say that your WX should have your name at the bottom above the signature. I'd also change the wording on page 8 to be just "Exhibits to witness statement of YOUR NAME" Just my thoughts and vast majority are just about the formation rather than the content
    • Hi, yes i did claim interest in the particulars of claim. I just thought it needed to also be mentioned in the WS - if it doesn't need to be in WS, then happy to take it out. @jk2054 yes, blue font is only used in the draft WS so the amends are easily visible. Final version of WS will be in black font.
    • If you didn't specifically claim interest in your particulars of claim then you won't be able to claim it
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Halifax Loan & intrum - now Link - now Statute Barred


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I had a £25k loan taken out almost 10 years ago, was paying almost £400/m regularly and had only apx £8k left to pay.

Was suddenly not in the position to make the monthly payment and have instead been paying £40/m.

I had discussed my circumstances with them and I guess

- although they were not happy

- they must have realised that with all the interest payments over the years I had pretty much paid off the original debt they seemed to have accepted the nominal monthly payment for the last year+.

However, with Christmas, bad weather and sickness I completely forgot to make the November and December £40 payments.

And now Westcot DCA has reared its head chasing me :-(

For the last few weeks I have been receiving texts and calls (unanswered by me) from Westcot.

I did not know why they were trying to contact me so ignored them.

today I received a red letter from Westcot : Important - Notice of Debt Collection - for the whole amount (8k) outstanding.

I quickly went on line and made up the 2 months and this months payments so that I am back up to date with the normal nominal payments.

But what should I do now ?

Do I completely ignore Westcot ? And write to Halifax again

- say circumstances have not changed, the payments were missed due to oversight, and I need to continue the nominal amounts ?

Or should I try to negotiate with them to try to clear the debt with an offer (which I might have coming in within the next month or so) of apx £1k ?

For what it is worth, Halifax has frozen the total - no added interest - so all the nominal amounts have been reducing the balance.

I really do not want to get battling with dcas now....

Anyone's help is much appreciated....

Thank you.

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  • 1 year later...

25k 12yrs ago and still running....

have you got ALL the statements?

got any penalty charges?

got PPI?

is this secured?

unless the DCA OWNS the debt

then they can be ignored....

they are NOT BAILIFFS

and have no such legal powers

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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Thanks Dx

 

The letter I received from Halifax this week:

"We write to inform you that we have transferred your H Personal Loan acc to the undernoted DCA as we have been unable to agree a suitable repayment plan. We have instructed Mackenzie Hall to arrange collection of the outstanding amount

Please contact MH as soon as possible to pay back the outstanding balance."

 

The balance is apx 7k

 

I just realised I had 2 loans

I have a folder full of all papers - but interestingly the signature papers missing on the 2nd loan.

 

1) Taken out in Sept 2002 for £20k, unsecured with a charge for credit for loan of £5600, making the total loan £25.6k.

(Apr 9.9%, monthly interest rate 0.793%).

I have all the paperwork attributed to this Loan.

Paid with no problem for 1 year. Then realised needed bit more money.

 

2) However, the 1st loan was then cancelled and a new one taken out in Oct 03 for £25,000. It was unsecured.

I can not find the signature paperwork attributed to this new loan

- the one that H has passed on to MH dca.

 

But have my financial records which show I started new payments in Oct 03.

 

No PPI.

No penalties - a couple of £30/charges but no more.

 

Have realised my dates are a bit out.

Problems started Dec 2008.

Been making smaller payments monthly since then.

Had a long line of dcas chasing me

- Albion, Moorcroft, CapQuest, HL legal, Westcot, now Mackenzie Hall.

 

So should I just continue my payments to Halifax ?

And write to MH advising them I do not acknowledge any debt to MH and that I will not tolerate any telephone calls from them ?

 

It is clearly the time of year that Banks, Utilitie Companies and dcas love to threaten.....

 

I just received an edf bill for double my normal annual usage,

just for the last quarter,

payable before Xmas !! grrr.

More letters to write....

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  • 1 year later...

An Update on this account

I have just received a letter from 1st Credit.

"We accept affordable arrangement offers.

We invite you to contact us to agree payment terms.

Our agents will assess the affordability of your repayment offer over the phone.

It is important that your offer of repayment is reasonable and one that you can comfortably maintain.

Our policy is that we can work together to support your commitment to repaying the debt.......blah blah"

I have been paying monthly to Halifax. Normally £20-30/m.

If I continue to make such a payment direct to Halifax, albeit there is still a £7k debt, am I ok?

Or can this dca threaten me and issue court proceedings ?

I am not in a position to offer any f&f settlement.

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std begging letter

 

have you checked who owns this on your credit file?

 

prob doesn't show mind.

 

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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Just received another letter from 1st Credit:

 

Bankruptcy Proceedings Being Considered

We are unaware of any legally valid reason for non-payment of the out-standing debt or of a reasonable offer being made. We are therefore considering whether we should issue a statutory demand under the Insolvency Act 1986......

etc etc

 

Can they do this?

 

I am paying a nominal amount every month to Halifax.

I thought - perhaps wrongly - that if I continue to pay a nominal amount that they can't further a claim.

I do not have the ability to make any higher offer now.

 

For what it is worth - I have pretty much paid off the original loan, this is just the interest on the loan taken out 12 years ago...

 

I guess I need to write a letter to 1st Credit - YES / NO ???

 

I have not written to them at all.

Or should I write to Halifax and explain how much of original loan has been paid.....and that I am paying a nominal amount which is all I can afford....

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ignore the silly threat-o-grams.

 

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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  • 3 weeks later...

hello again

I just received another letter from 1st Credit.

Threatening to send my details to Connaught Collections to "consider issue of a statutory demand".....

Still entitled "Bankruptcy Proceedings Being Considered"

 

This Halifax debt is not on my CRA file. Not via Halifax. Not via 1st Credit. Or any otehr DCA.

 

Shall I just write a letter to 1st credit advising them I do not acknowledge their claim as I am making monthly payments to Halifax ?

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how about you send them a CCA request

 

if there are issues as you state

with the agreement

 

then theis could be fun

and save you money.

 

I assume being of 2008? vintage

this account is not on your credit file?

 

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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Thanks

 

It was 2 loans

- the first taken out in 2002;

then that was cancelled and the 2nd taken out in 2003.

 

It is this 2nd loan that is outstanding: £25k loan - with apx £7000 left on the debt.

 

Can I do a CCA on a personal loan ?

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ofcourse you can!!

 

surprised you've never done that

 

all the time you've been on CAG

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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ha ha

It is the only personal loan problem I have !!

 

Ok - I have just drafted a letter based on the CAG template and will run to the PO now....

 

I guess the money order should be made out to 1st Credit....

 

My brain is a bit dead - is this the 12 day response they need to apply ...

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£1 blank po

 

don't change the letter bar adding you details.

 

don't sign it

 

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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Thanks

 

Kept the wording the same.

Added my details.

 

You sure about the blank PO ? I remember doing that once years ago to a bank and they sent it back as it was blank.....

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you are sending it 1st credit

if they are not the owners of the debt

then the po will need to be for the owners.

 

we don't know who that is really now.

 

just mark on the back

 

for CCA statutory Fee

not for account payment.

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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12+2 working days.

 

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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Morning,

Letter received/signed for by 1st Cred. So guess they have to reply by end of first week of Sept....

 

In the meantime,

I just received another letter from them - an "Act Now" letter

- offering discounted settlement terms, depending on how quick I pay.

Interestingly - worse terms than Mck Hall offered in dec 2012...

 

So if Halifax passed loan debt on to Mck Hall in Dec 2012,

and they have passed it on to 1st Cred

- it will be interesting to see how 1st Cred reply within 2 weeks.

Especially as what is owed is only remaining interest payments not the original loan,

which was pretty much cleared ages ago...

 

Be back in touch soon....

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  • 2 weeks later...

well - 2 more letters from 1st Cred.

The first one was another settlement offer.

The 2nd one was another bankruptcy threat.

 

Then they sent a 3rd - saying they had received my letter and would act on it and get back to me.

They have until end of this working week....

Nothing in the post yet....

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  • 1 month later...

what should 1st credit have sent to me under the cca ?

They have sent a letter

- saying they have notice of assignment

- that they are entitled to hold and process my data;

that they are entitled to pass data onto 3rd parties if the processing is within a legitimate interest,

and fully entitled to provide data to cras....

they say my account on hold until a true copy of agreement has been received.

That was a month ago....

I wrote the above very quickly yesterday.

To continue properly:

1st Cred has presented me with assignment letter from Halifax:

"We are writing to notify you that BoS has assigned all of its respective rights, title and interest

in respect of the above referenced account (including the outstanding balance) to 1st Cred, effective xx/xx/2014."

They quote a balance figure.

They continue to say "Under the terms of this assignment 1st Cred is now the Data Controller of my Personal Data

contained in the records of my account.

1st Cred Ltd has been appointed by 1st Cred (Finance) Ltd to manage your account

and it is essential that all future payments and correspondence regarding this account be directed to 1st Cred Ltd at ....."

1st Cred write in a separate letter to me:

"we decline the [cca] request contained in your letter"

They have requested a copy of the agreement from Halifax

and my account is on hold until a true copy of the agreement has been received.

They say, upon receipt, they will contact me to discuss repayment of my outstanding balance.

SO:

what does this really mean for me ?

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bugger all really

until/unless someone produces an enforceable CCA

 

 

they are stuffed

 

 

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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oooh,

 

And is there a time limit on them getting the true copy?

 

I sent the cca in mid August.

They replied by start Sept.

And we are now 4.5 weeks later, start Oct.

Or do I just hope and pray that my original paperwork has fallen between the floorboard gaps....

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  • 4 weeks later...

I am still waiting for any paperwork from 1st Credit.

 

I have noticed today that the default date from Halifax is early 2009 - which would mean it should disappear off my CRA file early 2015.

 

If 1st Credit do not provide the necessary original paperwork that I requested

- then 6 years from default date in early 2015,

does that mean that 1st Credit are obliged to stop chasing me ?

And I can write and tell them this?

 

Or can they chase me for as long as they want?

 

Will the account (debt) be statute barred 6 years from early 2009 ?

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answered on your other thread regarding SB issues.

with or without an enforceable CCA, & if/if not the debt is SB

in England and wales the debt still 'exists'

and you can be 'asked' for payment.

however you say you've been paying it so cant be SB'd?

but if it were SB'd

you can also 'ask' them to go away off too.

however, its always better to never invite letter tennis.

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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Thank you.

I think I will sit quietly then.

Hope that this will disappear from CRA very soon then - at a key moment for me, as am trying hard ot improve credit rating.

 

But I am a bit confused on what statute barred means - if it seems the debt "still exists!....

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