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    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Debt Managers (Services) Ltd, Edinburgh spoof Next Directory Debt.


kena
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My wife has recently started to get correspondance from these stating that she owes xxx amount for an account with Next Directory.

 

She has never had a Next Directory or an account with them.

 

She has contacted Debt Managers Sevices on two occasions explaining this and both times they stated they would remove her from their database

and she would receive no more correspondance.

 

Guess what, the letters keep on coming, the latest from their court dept., threatening court action. Yeah right.

 

What should she do next:

  • ignore them, which I'm inclined not to as this will obviously affect her credit rating and also mine by association.
  • write to them asking for proof of account i.e. signed agreement which they will obviously be unable to provide.
  • Contact Next Directory.

We are now at a loss as to what action action to take as these numpties won't take no for an answer.

 

regards

 

Ken

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An official complaint to Debt Manager's Head office.

 

An official complaint to Next Directory, who have obviously passed your wife's details on.

 

Check both your credit records to ensure there has been no adverse reporting by either company.

 

Please tell me , on the occasion that your wife contacted Debt Manager that she did it in writing and NOT on the telephone ?

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Unfortunately it was by telephone but i've told her anymore correspondance has to be in writing to them.

That's the reason I have posted on here, a

sking what our next course of action should be.

 

There should be no details of my wife to pass on,

she has never had an account with next directory.

 

In fact she has never had an account with anyone.

 

Apart from my credit card, which I use for business, and our mortgage we have no other debt.

 

We are in the fortunate position to pay most things by cash.

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Whilst it might be worth waiting on other contributors, if this were me, I would be making a complaint.

 

You could refer to the fact that having already telephoned on 2 occasions and being told this was now dealt with. You are still receiving these letters/calls.

 

The only thing I would caution would be signing anything - Print or digitally sign any correspondence.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Whilst it might be worth waiting on other contributors, if this were me, I would be making a complaint.

 

You could refer to the fact that having already telephoned on 2 occasions and being told this was now dealt with. You are still receiving these letters/calls.

 

The only thing I would caution would be signing anything - Print or digitally sign any correspondence.

 

Thanks. I understand that bit in bold also.

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I'm with CitizenB - bang in a complaint addressed to their Compliance Manager:

 

Dear Sirs

 

I refer to your demands for payment, and to my telephone calls to your office dated xxxx and xxxx.

 

When I telephoned, I made clear that I have never had an account with Next Directory, and consequently cannot be liable for the debt you refer to. On each occasion I have telephoned, your staff have assured me that my details would be removed from your database, and no further collection activity would take place.

 

Despite this, you have continued to send demands for payment which are causing me anxiety and distress.

 

You are to treat this letter as a formal complaint. I consider that as well as clear breaches of the Office of Fair Trading's Guidance on debt Collection, which states that pursuing an individual when it is not certain they are the debtor is an unfair practice, your actions in continuing to send demands for money I do not owe amount to harassment.

 

I now require you to send me a copy of your complaint procedure without delay, together with your response to my complaint. By way of resolution, I require the following:

 

1. a written apology

 

2. confirmation that all collection activity will cease, and an undertaking that no further demands for money will be made

 

3. confirmation that my details have been expunged from your databases, and that you will cease processing my data

 

4. your proposals for compensating me for the anxiety and distress caused by your harassment, and the time I have had to take to try to resolve the issue

 

If I do not have a satisfactory response within ten days from the date of this letter, I will take further action.

 

Yours etc.

  • Haha 1
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Thanks for the help. I will get that letter off to them tomorrow and see what happens. I will be checking our credit files in the meantime.

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yes make sure the CRA file is clean

 

have you moved in recent years?

 

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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are all you old addresses showing on the CRa file?

 

also I wonder if this might be fraud?

mail [say offers] went to her name at the old address

and someone took advantage of 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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Fraud is a distinct possibility. We had all our mail redirected for 6 months until we could inform everyone but you get that much junk mail nowadays it's a possibility that the junk started again at the old address. We still get junk for persons who we purchased this house from.

Have just checked my CRA file and everything appears to be in order.

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  • 1 month later...

Should I request a copy of the original credit agreement from Next Directory as it obviously won't be my wifes signature on it.

This has now been passed to Russel and Aitken Solicitors of edinburgh, but I suspect that may be part of Debt Managers Services.

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  • 3 weeks later...

Hi there sorry for hijacking thread my hubby just had a letter from Debt Mangers (Services) ltd of Edinburgh saying we are attempting to contact you regarding a personal matter, to verify please call?

Yeah yeah yeah as if we will call?

Should i bin it,file it or send them something back via unsigned letter? advice/template please

 

Many thanks

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Kena, is there an update for your thread, please ?

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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TLCX, unless they are prepared to say why they want you to call, then IMHO, you should ignore. These phishing letters are a nuisance. I would also suggest you start a thread of your own :)

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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