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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hillesden Securities Ltd / Direct Legal & Collections / Aplins Solicitors


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I've been getting letters (demands) from Hillesden Securities in respect of a debt that I have no knowledge of, because they don't tell you who the 'original' debtor is.

 

Then I start getting letters from Direct Legal & Collections. The last one was dated 22 April 2013.

Dear Mr ######

 

dlc Ref: ####/###########

Client: Hillesden Securities Ltd

Agreement no: #########

 

We wrote to you recently regarding the outstanding balance and note that you are yet to respond.

 

We have considered the options available to us in seeking recovery of teh balance. in view of your failure to co-operate we see no alternative but to refer the matter to our Solicitors with a view to you being summoned to Court to provide information to your financial means. This will incur further costs.

 

If you wish to avoid the above course of action you should contact our office on 01280 707575 to discuss repayment of the balance.

 

Your sincerely

 

 

Litigation Department

direct legal & connections

 

Then, within a month, there was this from Aplins Solicitors....

 

16 May 2013

Our ref: ####/###########

 

Dear Sir/Madam

 

Client: Hillesden Securities Ltd

Court: Chester

Claim No: 7CH02461

Balance Outstanding: £650.29

 

You have not made payment under this Judgement and we are applying to have you brought before your local Court to be examined on Oath as to the reason for non-payment plus detailed information of your income, assets, outgoings and overall finacial situation.

 

This will involve a Court Fee of £50.00 which will be added to teh debt and will be payable by you.

 

If you fail to attend the Court Hearing a Committal Warrant could be issued for your arrest.

 

If you wish to avoid this you must take immeadiate action and contact our instructing agents (direct legal & collections, Buckingham Road, Brackley, Northants, NN13 7DN, Tel: 0844 980 0184) to make a payment or reach agreement.

 

Yours faithfully

 

 

Aplins

 

Now, I've been a stupid 'head in the sand' person, but is it too late to send a CCA letter, and request a copy of paperwork bearing my signature? If they've got it, it may actually shed some light on what debt this is.

 

But I don't understand what the 'Aplins' letter refers to as "this Judgement" , has this been before a County Court without my knowledge, and has there been a decision that I've not been informed of, or is it just wording designed to 'scare'?

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Hi,

 

have you moved home in the past couple of years? Could a summons have been sent to a 'previous' address and default judgement obtained without your knowledge? The Aplins letter does seem to suggest a claim number.

 

Mike

 

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Hi It would seem you have been subject to a county court claim and have no a judgement by default against you.

You need to check Trust Online to see if the judgement shows on there.

Check your credit reference files as well.

 

I would reply to the letter (s) as follows.

 

Ref: Use theirs.

 

Sir/Madam,

 

I refer to your letter dated xx xx xxxx regarding an alleged debt for £xxxx.xx Please take note I do not acknowledge any such debt and have no knowledge of any County Court Judgement, it is noted the name of the creditor/claimant is not mentioned in the letter, therefore you WILL clarify this by return of post until you do so no further correspondence will be entered into.

 

Use recorded delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi It would seem you have been subject to a county court claim and have no a judgement by default against you.

You need to check Trust Online to see if the judgement shows on there.

Check your credit reference files as well.

 

What's Trust Online? Is there a link off this site?

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Are you still in the same area approximately? You could go to the Local CC with the claim No. to see what it's all about.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Trust on Line records all CCJs registered just put it into your browser there is a fee to pay.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Right, as the Aplins letter states Chester, I limited the search to "England and Wales Orders and Judgments".

 

The response was "NOTHING REGISTERED"

 

EDIT: should add, I enquired under my current address. Should I enquire under my previous address?

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In that case you need to write to Aplins asking them to produce a copy of the judgement order as you have no knowledge of any such claim. Send by recorded delivery and make sure you print off the signature receipt from the royalmail website a few days after posting.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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get your cra file

 

ensure all your old addresses show

 

if the ccj is not on there.

then they are phishing.

 

sadly I've seen the exact letters and 'chain' sent to several people

 

all turned out to be 'admin errors'

 

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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My guess is they have acquired a very old debt with a CCJ on it, the judgement may well be 6 years or more old in which case the will need leave of the court to enforce it.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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CRA done via checkmyfile, which seems to colate information from Equifax. Experian, and Callcredit. (According to this, my credit ratings OK!)

 

No debts were listed apart from my recent mobile phone bill.

 

Court Judgments and Decrees - none listed

Insolvancy Records - No insolvencies

CIFAS Warnings - none reported

 

(interestingly, it threw up a dodgy address on the other side of the country!)

 

So, which way should I take this now? CCA them and question their right to claim against me based on possesion of paperwork? Refute any knowledge of it? Or tell them to "do one"?

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The problem with sites like checkmyfile is that the data is 2nd hand and may well be out of date, so please don't rely too much on this.

What you have said it exactly what you need to do.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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get one of the others EQ or CE

 

they are free too as long as you cancel within 30days

 

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...

anyway, revisiting this.....

 

i cca'd aplins, as that was the last communication, and baring in mind they stated they were applying to have me brought before a court.

 

i've since had a 'holding' reply.....from dl&c.

 

We acknowledge receipt of the £1-00 fee accompanying your request for documentation under the Credit Consumer Act 1974.

 

We have filed a request with the original lender, Black Horse Ltd, for the documentation which will be sent to you once received in our offices. In teh interim, your account will be placed on hold.

 

In the event that we are not able to provide you with a copy of the original agreement we will supply a reconstituted copy which satisfies the requirements of the Act.

 

Should you require anything further at this point contact us accordingly. We will update you on developments in 21 days if there are no developments beforehand.

 

Your sincerley

 

 

Litigation Department

direct legal & collection

 

So, while it was clear that they were 'blagging' the court threat,you're going to need the paperwork for it and they've admitted to not being in possession of the paperwork, what is a "reconstituted copy"?

 

Am I reading it right that they are 'going to make one up', and does the Act permit this?

 

The received the CCA letter on 28 May (according to royalmail.com), which makes the twelth working day Weds 12 June. Do I need to leave it another two days before the follow up letter, or can I bang that in the post on Thursday?

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if its a pre 2007 cca they cant use a recon to goto court

 

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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nail this for once and all

 

phone chester court tomorrow

 

quote the claim number aplins gave

 

see if they have a record.

 

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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right, i know what it is now.

 

dlc have come back with a 'statement', and a photocopy of the 'agreement' (dated 12/09/05). the photocopy has my signature on it, twice, which are slightly different in handwriting.

 

as i'm out of work, and have been for three years, and only receive £71pw jsa, do you think letter K "Ask your Creditor to Write off your Debt - Due to Financial Hardship" is worth a try?

Edited by yogz66
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right, i know what it is now.

 

dlc have come back with a 'statement', and a photocopy of the 'agreement' (dated 12/09/05). the photocopy has my signature on it, twice.

In the same sig box?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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What info do you have on this warranty sounds a bit suspect.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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so atleast PPI to reclaim then.

 

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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What info do you have on this warranty sounds a bit suspect.

 

I wish to purchase Furniture Protection Warranty

 

I understand that I am purchasing the product(s) ticked above on credit provided by you and that the terms relating to the the credit for the product(s) can be found in each of the terms in this agreement.

 

as i'm currently out of work, would letter K be an idea?

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