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    • It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.
    • Deemed service on a company is two days after issue. Deemed service on a litigant in person is five days after issue – unless something has changed. I've already said that proposing to send further particulars is generally speaking unnecessary and only complicates matters as you are finding out. However as you have indicated that you are sending further particulars, send them further particulars and simply state in the body of the particulars that you have nothing to add to the particulars of claim contained in the original claim form at this moment. Send that straightaway so that when you apply for judgement you can click the box and say that yes you have done that. It might not have been fatal not to have informed them that it was a laptop – but it is better that you did and the important thing is that they had been told of the item and of the value at the time that you entered into the delivery contract. I think that you will find that laptops are one of their prohibited items – along with almost everything else in the world
    • *Update* turns out Capquest bought the debt from Phoenix Recoveries. We now have a reference number for our solicitor to use. 
    • Ah I thought you meant in the actual MCOL claim, in the ebay listing yes, in the PackLink compensation claim yes as well, in the MCOL claim I made no mention aside from the value of the item.   and just an update:   I am able to request a judgement from the two separately.   The claim was issued on the 13th, plus 5 days and another 14 days = 1st Nov my guess (not accounting for business days)   This was also added:    
    • Okay, so what you have to do is you have to take the money you paid to the garage which I understand is £2000. You've gotta consider that the value of the labour they put in was completely wasted because you had to have the turbo taken out and then refitted – is this correct? However, the turbo itself was useful to you and so you should be required to pay for the cost of the turbo. If this is correct and you have independent evidence that the turbo had been incorrectly fitted then you should sue them for the balance. This means that you have to find out the cost of a turbo – was it an original or was it a pattern part? Anyway, you have to find out the cost of the turbo and deduct that from the £2000 and that should be the value of your claim unless you can tell us of any other losses which you have reasonably incurred as a result of their poor workmanship. Let us know
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Access Fast Money threatening me in writing to pass my file to Action Fraud - terrified

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I took out several loans due to some very unexpected and high vets fees.


11 payday loans total 1400 pounds.


I had no intention of not payng nor of depriving these companies of funds but unexpected circumstances have made me pass to Step Change.


I was already with them and doing very well on it and after lots of advice from this forum felt able to contact them and pass these pay day debts to them.


They were very understanding and supportive


So far i have heard from 9 of the 11 and all but 1 have been OK and accepting of the circumstances.


I have made token payments to 6 so far who have supplied me with their bank details ( £10) each and will do so in July also as Step Change cannot add until August


Access Fast Money rang me at work this morning and said they will conatct Step Change.

They then sent me an email saying that i have defrauded them and they are passing my file to Action Fraud

and i will die and live in hell for ever!!!!


They say they have recorded phone conversations, but they cant use those as they are for training only,

to say that i had no intention of entering a debt plan and that i wasnt in one.


i lied a little but i think that Action Fraud will not be bothered over £150, well, deep down thats what i am hoping.


Does anyone have any advice, shall i just pay them even though i cant afford,

or pay them more than £10 and just hope they dont tell on me????|


Thanks so much in





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Keep the emails... This is not acceptable, they need to be reported. Also, The fact they say that they have recorded the phone conversations but cant use them is a lie...it is very likely they dont record anything. I wouldnt worry too much. Ignore their calls for now, or if u do answer, tell them everything is to be done via email or letter and hang up. Where is the fraud in this case? it is ur account, ur address and money was paid into ur registered bank account right?

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Hi Em,


They are trying to get their money before anyone else. I don't think there is any point in offering them more because clearly they are trying to bully you into paying the whole lot.


Stepchange agreed that you had mitigating circumstances and were very understanding. I'm sure they will be equally understanding if they are contacted by Access.


Let me have a dig around about Access. Some of these companies can be very nasty but don't worry, you are not going to "die and live in Hell forever." :-)


Another payday loan company recently behaved very badly to a cagger who was on an IVA and they reported him and even that was okay.


You have offered what you can afford and let's face it, these organizations are under the microscope right now.


It might be worth asking Stepchange what they suggest you should do about this company. You don't have to mention the tape. Just say they won't make an agreement.


If they threaten you with legal action that would be really stupid because they know that it would cost them money and no judge would ever make you pay more than you can afford - which is £10. They would have absolutely no justification in doing that and they are fully aware of it. Reporting you to Stepchange to cause trouble is just spite, and Stepchange will not be impressed.



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Thanks, i have emailed them and said that they cant use recorded conversations in a court of any kind and that they should deal in email only. I sent a token payment of £5 just to annoy them. I will threaten to report them to the OFT etc if they continue I appreciate your advice and feel much better now and not so sick. Just for the record the guy on the phone was a k**b

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They can report you all they like. Actionfraud will simply laugh at them. They wont report you although you MUST report them asap.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..



If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks


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Surely it is for the court to decide if any recordings are admissible, if it came to it? (RIPA forbids interception / recording of calls other than by one of the parties to that call, but doesn't forbid recording by one of the parties. OFTEL are more cagey in their reply, but it isn't a criminal act to record a call that you are party to, as an individual).


As for the person who took a loan while on an IVA : they may have breached the terms of their IVA, as it is usual for one of the terms of the IV agreement (since it is an 'agreement') that no further credit is sought during the term of the IVA (or it is only sought with the agreement of the IP)

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They did breach the terms of the IVA as they really needed the money. They had only five months to go, and their administrator allowed them to continue with it after the payday loan company reported them because she accepted their circumstances.

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I do think there is an element of spite in the behaviour of these companies. Mostly people are asking for time to pay without outrageous daily amounts of interest being added. I really don't see why they refuse to come to a reasonable arrangement rather than try to get the borrower "into trouble".


There again, should I use "reasonable" and "payday loan company" in the same sentence? :-)

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Pdls are loan sharks. Nothing more nothing less. If they cant get you to do what they want, they will do whatever it takes to make your life hell. They dont care at all and they know the oft wont do crap in a lot of cases.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..



If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks


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Make sure you keep any emails/letters or notes of telephone conversations. If they do start litigation, then you will have some evidence of their outrageous behaviour.


Please do not simply threaten to report them to the OFT - DO IT!! You can make a complaint via their website and whilst they will not intervene in individual cases, PDLs are indeed being scrutinised at the moment and the more data the OFT can collate on these companies, the better for everyone.

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We see it on these forums all the time. It's usually mini muppets and paydayskankspress who pull the fraud card.


As somebody's rightly said. If you've used your own name, date of birth, address, etc... How can it be fraud? If they done sufficient checks at application stage they'd have seen that you were on a DMP at the time.


I'd bounce back "irresponsible lending" to them if they attempt that BS fraud accusation again.


I'd definitely do as others here are advising and report them to the OFT as soon as possible.





It never rains but it pours...

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If they state outright the word "fraud", you Must report them. Do not let it go.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..



If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks


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