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    • Well If I pay British Gas £90 a month they’ll be paid off in about 17 months. That’s a long time but if it’s gunna effect my credit rating until November 2023 why bother paying it off early?    Ive worked out too the PDL default will be 6 years old on the 22/01/2020 so is there a point even doing anything with it? If it gets removed after 6 years does that mean I won’t have to pay it back?    Thanks  Andrew 
    • Minor developments:   a) Notification received that case has been referred to County Court at Chesterfield and we've to await the Judge's directions re allocation etc.    b) The letter I sent on 20th August to the agent (Lambert Smith Hampton) that manages the Berkeley Precinct and has its address on the board at the entrance, has been returned by the Royal Mail National Returns Centre, with a sticker saying the "addressee has gone away"!!   Don't they have an obligation to change the signage if they move, and why wouldn't such a large company have their mail re-directed?   The letter requested assistance in obtaining a copy of the contract between VCS and the landowner. I'm a bit mystified, but have found an additional address, so I could resend the letter and give it another try. 
    • urm.. FmoTl twaddle me thinks followed here
    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
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Court Directions and Default Notice - AK & old EGG debt

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On checking what records I have it is possible that I could have paid about 150 to 200 pounds in token payments in 2008 and

nothing since then,

 

the disputed was going with Egg prior to and during 2008.

 

E

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So not SB until next year then?

What month was your last payment? And what was the result of your dispute?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi bazooka

 

last payment I think was end of 2008. see post number 15 for where I am with dispute.

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Cheers, up to speed now :thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi all

Looks like in for round three,

 

I have been re-issued with a default notice for the full out standing debt from the DCA in their name.

 

it say if I don,t pay full amount by such a date then they will report me to the CRA,

 

this has already been reported to CRA back in 2006 by OC.

 

and then start legal action,

 

can they do this again.

 

how can i be in breach of an agreement which was terminated then dragged through 2 court cases both I won.

 

Any thoughts on best way forward.

thanks

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Which DCA has sent this?

 

IMO I wouldn't make any contact with them for the time being, ''if'' they do decide to mark your credit file with a default, then you would be in a very strong position to take them to court and sue them for defamation.

 

If you can scan & post it up, removing all identifiers, then it would be good to see exactly how it has been worded.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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and, poss a counter claim for damages re all that has happened prior to this new dn, as if no dn prior (as the J accepted) then they weren't entitled to terminate etc before?


IMO

:-):rant:

 

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Thanks for your reply.

 

I will try and upload letter with header and footer removed also any id info.

 

This was original an Egg card,

that's who put default on CRA and

 

Egg Terminated the agreement at the same time.

 

It was then purchase by Aktiv that's who I have been to court with twice now,

 

going again I think would be an Abuse of Process.

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as you say, abuse/estoppel issues may also be relevant.

that dn doesn't even look wholly compliant imo?

see what others say


IMO

:-):rant:

 

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that's not the real letter

show us a scan of it.

 

its layout is also important

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Headers and Footers have been removed by the OP. This looks like a compliant DN.


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 all

the attached letter is the one sent, what I was trying to find out is whether you can default a terminated agreement.

thanks

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It would be the other way round default then terminate.


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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That looks nothing like any DN I have ever seen??

 

If that is a DN then if the amount they are claiming you need to repay shouldn't be the total amount owing, it should ONLY be the arrears accrued.

 

Also what is the date?

It MUST state a physical date ie. dd/mm/yyyy it cannot state ''within 14 days from the date of this letter.

 

That definitely looks like a suspect amateur DN to me..


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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hi Bazooka

 

The amount is the full outstanding amount, and there is no date for when they will Default. other than 18 days from date of letter.

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but is says a date in the form DD/MM/YYYY going by the copy about.

 

was it just tat word doc that was sent then?

 

that's not a DN as far as I can get my take on it.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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there is a date for when the balance is to be by, ie before 16th April 2014.

Letter was dated 25th March.

sent first class.

 

the expiration of 18 days is for when they will report me to CRA.

 

The copy of the letter is what I received

 

I have only took of Header and footer and took out account No and amount.

 

This was drawn up and sign by the Legal & Compliance Officer from the DCA,

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here are the rules on what a dn should be and contain

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi

thanks for the info.

 

It seem clear that the default notice is for a live agreement and not used for one that is terminated,

 

I also see it states notice of 28 days should be given before default to CRA, not 18 as in default notice.

 

Now would it be better to reply to the DCA and tell them that the Default notice is invalid

and why I think so including you can not default the same debt twice.

 

Doing this could they just change this one and send out another.

 

Or should I wait and let them take me back to Court and counterclaim for damages,

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tis a difficult one

 

as has been accepted by the J there was no dn as required,

then technically it shouldn't have been terminated etc.

 

hence the idea of a poss counter re damages.

which things being equal cld negate their claim entirely,

if accepted. that cld be testing the water?

 

then there is the abuse/estoppel issues you mention following the prior dismissal.

 

should you reply?

not sure.

 

could do so saying for eg their dn is not accepted?

 

reminding them of the previous failed attempt at litigation,

and if they make a claim you'll defend and make yr own claim?

 

best wait for further opinion though.


IMO

:-):rant:

 

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thanks Ford

 

I will wait and see if anyone come up with any other opinions,

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bump, or pm/nudge site team/others, for further input if noone looks in.

ps have you considered legal advice, perhaps no win/no fee?


IMO

:-):rant:

 

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Thanks Ford.

No not look at no win no fee but will check it out, anyway I will see if any other advise come along, but what ever, I will defend again if I have too, if that get away with this then it just means they will keep taking others to court until a judge agree with them, I shall keep you updated on out come.

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ok.

i did nudge a site team for you, see if they look in.


IMO

:-):rant:

 

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