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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
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cmab

Overseas CCJ advice

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I have just received a form N1 claim (CCJ) on behalf ofZopa for £1, 500. My husband and I are now living in France, no longer UK resident, this claim has come out of theblue, sent to our old UKaddress. In the year we have been here we have found it difficult to organisemoney and banking. We are notfinancially able to pay it off, due to my husband being out of work, but do not want to shirk our responsibilities.We are up against a deadline due to them not having our overseas address. I feelreally concerned and worried about this. We are very much in the dark as to howto respond at such short notice. Should we phone/email or have we time to fillout the form and send it back to them? Is there any advice on the bestimmediate course of action?

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Did the claimant know about your change of address?

 

Can you provide more info on the debt and the history of it?


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

:D

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Hi

Thanks for your speedy response

 

No they didn't know about change of address, it slipped under the radar due to an oversight on my part.

The debt is a small loan over five years that has about a year left on it. Prior to leaving England it had been 100% up to date with no late payments.

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Canyou give us more detail of the debt? WHo is after the CCJ? Was teh debt sold on? How much is it for? Any charges/insurances that could be reclaimed?


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

:D

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Canyou give us more detail of the debt? WHo is after the CCJ? Was teh debt sold on? How much is it for? Any charges/insurances that could be reclaimed?

 

I think it's a company called P2PS Limited. So I'm guessing that means it was sold on as up till now I had never heard of them. The loan was Zopa originally. They are now claiming just shy of £1700

We didn't take insurance, but I have no idea if there are charges that can be reclaimed. Sorry to be vague.

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Well, you need a full itemised breakdown of the debt for a start.

 

Since you have had the papers, you need to make sure you acknowledge the claim form using the info on it, otherwise they will get judgement by default. There are a LOT of unanswered question here and you need to get to the bottom of it.


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

:D

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This needs to moved to the legal forum. I will ask site team to do this.

 

Can you just dispute the jurisdiction of a UK court dealing with a claim that relates to the consumer credit act, being that you were a resident of France at the time the claim was issued by the claimant ?


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Well, you need a full itemised breakdown of the debt for a start.

 

Since you have had the papers, you need to make sure you acknowledge the claim form using the info on it, otherwise they will get judgement by default. There are a LOT of unanswered question here and you need to get to the bottom of it.

 

Ok. I will acknowledge it straight away. If I've understood it correctly I can do that online so that's good.

The unanswered questions - do you mean things that I should know about this claim? For instance, how would I know if it was sold on? And what charges could be reclaimed? I know about ppi (which we declined), but I don't know about any other unfair charges.

Thanks again for taking the time to help me.

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This needs to moved to the legal forum. I will ask site team to do this.

 

Can you just dispute the jurisdiction of a UK court dealing with a claim that relates to the consumer credit act, being that you were a resident of France at the time the claim was issued by the claimant ?

 

Sorry and thanks. I figured the debt section was the right place but I'm new here.

 

I have no idea if I could dispute it. This is all new to me and quite a shock. At the moment I'm just feeling overwhelmed, but I'm willing to listen to any help and suggestions.

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Hello there.

 

I'm a bit confused about your reference to P2PS. Zopa is a peer to peer lending company, where individuals lend to other individuals, normally at rates that are more favourable than the banks.

 

I don't know more detail, but I understand that P2P means peer to peer, so maybe the loan is still with Zopa. Always happy to learn more though. :)

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hello there.

 

I'm a bit confused about your reference to P2PS. Zopa is a peer to peer lending company, where individuals lend to other individuals, normally at rates that are more favourable than the banks.

 

I don't know more detail, but I understand that P2P means peer to peer, so maybe the loan is still with Zopa. Always happy to learn more though. :)

 

My best, HB

Well, reading the paperwork again I think you're right. There is a long list of names of ppl with cash amounts next to them.

So if Zopa still have the claim and haven't sold it on is that a good thing? Where in the bundled paperwork would I find out for sure?

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Sorry, I missed the bit about moving this to the legal forum, which I'm about to do. I'll leave a short term redirect to follow from this forum.

 

HB


Illegitimi non carborundum

 

 

 

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If you could type out the particulars of the claim oleg (verbatim) and the name of the Solicitors representing?

 

What date is on the claim form?

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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Is this what you need? :-

 

 

Brief details of claim

The Defendant entered into agreements ("the Agreements") with lenders (the Lenders") for the loan of sums of money. The Lenders, who have Assigned their rights to P2PS and the amount of money that each lent is set out in Schedule 1 attached hereto. All of the Agreements contained the same terms a copy of which is set out in Schedule 2 attached hereto.'

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And the date cmab ...are there any attachments with the N1?


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Dated 15th September

Against claimants solicitor it says N/A

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Yes. Three attachments.

Schedule of lenders

Loan conditions

Zopa principles

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So no Solicitor they represent themselves.......

 

Ok so you have 33 days in total 5 deemed served so acknowledgement of service was the 3rd October and you have done it today (7 days late) any defence should be submitted by the 17th October if not too late.


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Thank you Andy,

So I'm hoping that I can contest jurisdiction. Is that the right route for me to go?

What happens next?

Really appreciating all the help :)

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You need to check firstly that your AoS has been accepted...you are 7 days late.You cant contest jurisdiction the summons has been issued here in the UK...pertaining to when you did reside here.

Last known address is considered good service and as you have stated you did not inform them of a Change of address.

 

You can defend this easily but you need to sort the AoS out first and hope they have not already attained judgment by default.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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Thanks Andy

A phone call has confirmed they have not attained judgement at this moment.

I'm pleased that you think I can defend it easily... But how?

 

Thank you

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Now you start to explore and break their claim down...can you scan in the attachments (less any identifiable data removed).

 

The particulars you have posted you state " brief " we need to know word for word what they state.

 

Type into the the search box above CPR 31.14 and use this template to request further information referred to in their particulars....the agreement the notice of assignment and statements to verify the amount claimed.

 

Send this recorded delivery to the claimant and also send a section 77/78 request separately this is a legal request for the agreement..they have 12 +2 days to comply.The CPR request is free but you will have to enclose a £1 Postal Order in the section 77/78 request (letter N in the templates library.Head the request " We/I do not acknowledge any debt with your company "

 

As stated send both requests by recorded delivery and retain proof...print name ...no signatures.

 

 

Get on with that today and then we will move on into the process.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Thaïs brilliant! Thanks very much for your guidance.

Will report back with progress :)

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