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    • Hello , sorry of this is in the wrong place. I have received in the post a County Court Claim claim form.  This relates to MYJAR and issued by TM Legal relating to a payday loan issued 11/2017, subsequently they issued a default notice 09/2018. The debt isnt on any credit reports.  4/4/2024 I had an email saying a Letter of claim was sent - this was not received , i replied to say I believed the debt was statue barred their response We are aware that the correspondence you have sent, is in a format that is circulated on consumer-based websites whereby debtors are encouraged to use the templates in order to avoid repayment of their debts. We do not accept that the contents of these templates bear any particular relevance to your case. For clarification, in line with the Limitations Act 1908, no claim may be brough after a period of 6 years from the cause of action. The cause of action in this instance is the Notice of Default served upon you by the original creditor on 24th September 2018. As such, the account is not Statute Barred. 10th June 2024 I have received a county court claim form and now i am unsure what to do next and how to complete and respond, I do not want a CCJ. Please help 
    • Please start your own topic in the following forum. https://www.consumeractiongroup.co.uk/forum/121-financial-legal-issues/
    • Hello , sorry of this is in the wrong place. I have received in the post a County Court Claim claim form.  This relates to MYJAR and issued by TM Legal relating to a payday loan issued 11/2017, subsequently they issued a default notice 09/2018. The debt isnt on any credit reports.  4/4/2024 I had an email saying a Letter of claim was sent - this was not received , i replied to say I believed the debt was statue barred their response We are aware that the correspondence you have sent, is in a format that is circulated on consumer-based websites whereby debtors are encouraged to use the templates in order to avoid repayment of their debts. We do not accept that the contents of these templates bear any particular relevance to your case. For clarification, in line with the Limitations Act 1908, no claim may be brough after a period of 6 years from the cause of action. The cause of action in this instance is the Notice of Default served upon you by the original creditor on 24th September 2018. As such, the account is not Statute Barred. 10th June 2024 I have received a county court claim form and now i am unsure what to do next and how to complete and respond, I do not want a CCJ. Please help 
    • Do you want to shake your groove thing but don’t know any steps? Even dad dancing beyond you? Then order ‘Dancing with The Don’ and let Felon Trump teach you all the 'hottest moves Starring classic moves like: whackamole a child, flossing your nostrils, shaking the cell bars, and pointy pointing    
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Me and My Debts.


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No it doesn’t because it does not contain the prescribed terms. 
 

Does it tell you how the interest is calculated or how and when repayments are due? Or how the credit limit is decided. All necessary. 

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  • 2 weeks later...

ok well i have realised the small print was unreadable an so im re-uploading it again, not sure what exactly im looking for but hoping your right :)

argos_small_print_split_1.pdf

page 2

argos_small_print_split_2.pdf

 

now you guys have given me some hope an im feeling slightly braver 🙂

I should try an deal with some of the others,...

...its mostly old credit cards pre 2007 

a couple of personal loans one in 2009

and a few bank accounts with overdrafts maybe 2 or 3

I spoke to a DCA recently to try an accept their settlement offer (90% off) on an old credit card but they started going on about other accounts they now own and said they can DSAR on my behalf for the defaulted account that doesnt match my reference numbers 

i think whats happened is the debt has moved around so much the original account details are not being shown anymore,

that conversation was more than 2 weeks ago and Ive not seen anything from them by mail! they're kind of being mean and saying they are considering legal action. i told them its a aged account thats more than 15 years old!

this is actually an account im still making token payments on to another organisation which i suspect they somehow get those payments and still want to consider legal action!

right now i cant even identify that its one of my accounts, they say they got enough proof its mine to take further action, at least they said they wont take any legal action while DSAR period is going on for few days.

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why are you speaking to powerless dca's on the phone???:frusty:

as i said earlier just stop paying EVERYONE.

then ignore everyone until or unless you ever get a letter of claim in THE POST.

as long as each debt owner has (by you writing to them) your correct and current address, you protect against a backdoor ccj  using an old address. do NOT assume they have it !!

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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I would be wondering why they would offer a 90% discount on a debt- maybe they know it’s un enforceable ? I know discounts don’t automatically mean anything but 90% ! 
 

As do says, do not talk on the phone. 

Any opinion I give is from personal experience .

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and thats not a cca return it has no sig, no date of sign up, no method of sign up, even online one,  it's a  blank T&c booklet

stop paying everyone now.

you are being cash cowed blind.

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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I have a mortgage on my home with Halifax along with a halifax credit card all in good order, next year halifax-mortgage will jump up by a lot as it comes off the fixed rate!

I been in touch with a broker an got a offer of a rate for when it expires which is still much higher than current payment but better than going on the variable rate.

Lowell have 3 old pre-2010 accounts belonging to me one of which I could not verify I was under impression it was 2 lloyds an 1 barclaycard, however I could not match any lloyds acocunt info on one of the accounts an so i enquired.

Last year I made settlement offers on all my aged defaulted accounts of an amount of less than 10p in the £1 which all creditors rejected,

then few weeks back I get a settlement offer from lowell 90% discount for aged defaulted halifax credit-card which I tried to accept and we have agreed upon a 3-month-payment-plan starting end of this month after which they will consider it settled for 90% discount at end of the year,

in doing that they kept bringing up the questions around the other lloyds a/c and the other a/c which i did not have info to hand and found very stressful as i was calling up to accept the discount offer. I have trawled so many times and could not match it up this 'lost' a/c

today I have identified it as possibly a halifax bank a/c + overdraft that number seems to match but its halifax and not lloyds so why are they putting lloyds on every letter? this particular halifax a/c was opened in 1996 so is very old an defaulted around mid 2011

I also discussed dsar with lowell in early october they said they would request it and they not sent dsar for this a/c? why?not received i do not know!

today I received considering legal action letter from lowell, if i get CCJ my ability to get mortgage may suffer so have to avoid at all cost

also form time to time i change jobs and due to my line of work i will lose a big ability to get jobs if i get this on my credit.

Lastly i still have some rental properties an rental mortgages if i get bad credit and i need to remortgage then it increases chances of eviction of tenants and repossession of the buy to let properties , these are some of the factors why i kept paying these creditors an lastly limited amount of time to do the work needed also.

Should I be doing a CCA request to lowell or lloyds or halifax or something else?

it gets so complicated so quickly an so confusing!

where things become more complex is changing names an account number an selling or transferring debt to different third parties making it hard to keep track when the reference numbers keep changing!

I attach anonymised letters to this so you can see more details... it gives me a headache just going through all this!

** Help **

 

3pge.pdf

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lloyds halifax (hbos) tsb often merged unmerged and changed names like the wind

as i said long ago...

On 21/10/2023 at 14:37, dx100uk said:

why are you speaking to powerless dca's on the phone???:frusty:

as i said earlier just stop paying EVERYONE.

then ignore everyone until or unless you ever get a letter of claim in THE POST.

as long as each debt owner has (by you writing to them) your correct and current address, you protect against a backdoor ccj  using an old address. do NOT assume they have it !!

you seem like a perfect dca cash cow and keep listening to and believing the rubbish they tell you on the phone and in their letters.

they cant just get a ccj at the drop of a hat.

they have no enforceable paperwork for any of the debts.

as for old current accounts or OD debts - they are never enforceable as they are made of default charges and interest only. why do you think they bank sold it on... 

all you've done by keep paying them all these years is run the statute barred date to infinity. had you like a fool, you never needed to pay any of them from day one.

as for F&F offers, again all you've done is waste your money on a debt that was never owed, 

stop paying

ignore till you ever get a letter of claim

 and stop talking to a dca on the phone.

they are NOT BAILIFFS

and have

ZERO legal powers on ANY debt ...not matter WHAT it's type. 

dx

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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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od's are not covered by the cca in the sameway as say a card/loan.... you never signed anything with the bank in the 1st place so thay had no rules to abide by anyway...think about it.

simply ignore them on everything 

stop paying on everything

comeback here if you ever get a letter of claim.

you really need to re read your thread from post 1 again

we cant keep on saying the same things in each post to you.

the only reason you have or think you are confused is because you've believed for YEARS the LIES the dca said to you on the phone, when they would never put that in writing to you. they'd be struck off or fined if they did. the authorities would eat them for breakfast, which is why they like using the phone.

you do realise that all the monthly payments you've ever made from day one on any debt to a DCA AND all the 'settlements' you've made to date to any DCA have not taken one penny off the debt sum you thought you were paying off? and not one penny went to the original creditor against payment off the debt?

the debts did not exist.

the money gets used down the pub each night for the dca;s drinks bill or if it's a large sum, to pay for holidays for the DCA call centre staff thru commission for doing such a wonderful job in conning people. they get free all expenses paid holidays abroad with your money?

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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