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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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Lucky7even

Littlewoods Catalogue - TTI SPC/TDX Group Limited marking cra file .Is it legal!?

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I applied to Littlewoods Catalogue via an application form way back in the 1990's.

 

Although I have just a small debt of £160, this is now included in an IVA.

 

The IVA has been enforced since June 2012; I've had no contact with Littlewoods since the IVA was granted.

 

I wish to seek under I believe a section 75 request to see if there is any actual credit agreement with the catalogue company.

 

The debt is still listed with Littlewoods and does not appear to have been sold on.

 

Can anyone please provide me with template letters?

 

Thank you.

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It is an s78 request (CCA) the link for the draft request is below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

You will need to include the statutory fee of £1.00 - we advise sending a Postal order - photocopy it before sending and keep the copy along with the receipt from the post office with your copy of the letter.


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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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Thank you.

 

I will send recorded delivery for safety and to make sure it gets there!!

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:thumb:

 

They have 12 working days + 2 to comply with the request.


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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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What if they cant provide anything regards to an agreement?

 

All I remember was filing in an application form sometimes in the 1990's?

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Having problems with a debtor.

 

I have asked in writing on 3 occasions for a copy of a credit agreement. They have not responded.

 

They are placing multiple defaults on my credit file every month whilst showing no proof of the debt.

 

They have not supplied me with a deed of assignment either to show they have purchased the debt.

 

The debt was originally what was Littlewoods catalogue going back well before the year 20000 so I doubt that there is a credit agreement.

 

Legally what can I do to stop them placing multiple defaults on my credit file whilst showing no proof of the debt existing!?

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Ive merged your thread L7E. Once upon a time, you were told that DOA did not apply in these cases... .

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458837-Max-Recovery-Limited-not-showing-proof-of-debt-purchase

 

This is once again the case here. Im afraid you are barking up the wrong tree here again. You have a legal right to apply for a copy of the CCA.

They are not placing multiple defaults either, they have placed one, its just how they report on your CRA.

 

Youve already been told how to do a CCA request. Who has this debt been sold to.


 

We could do with some help from you.

 

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Under FCA guidelines it clearly states;-

 

Notice of assignment

 

 

 

CONC 6.5.2R01/04/2014

 

 

(1) Where rights of a lender under a regulated credit agreement are assigned to a firm, that firm must arrange for notice of the assignment to be given to the customer:

(a) as soon as reasonably possible; or

 

(b) if, after the assignment, the arrangements for servicing the credit under the agreement do not change as far as the customer is concerned, on or before the first occasion they do.

 

[Note: section 82A of CCA]

 

 

(2) Paragraph (1) does not apply to an agreement secured on land.

 

(3) A firm may assign the rights of a lender under a regulated credit agreement to a third party only if:

(a) the third party is a firm; or

 

(b) where the third party does not require authorisation, the firm has an agreement with the third party which requires the third party to arrange for a notice of assignment in accordance with (1).

 

 

[Note: article 17 of the Consumer Credit Directive]

 

They have as well not provided credit agreement.

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Yes but you are asking for a DOA? You wont be allowed to see a DOA.

So why not send a CCA Request and a £1 PO to the DCA in question?

 

Who is it? What happened to the debt through your IVA?


 

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I have sent a CCA they have not replied.

 

If you read the FCA guideline properly I am perfectly entitled to see a DOA as its proof they have purchased the debt.

 

They were getting payments under the IVA but I had cancelled it for various reasons.

 

It was originally Littlewoods catalogue but the debt was then sold to the TTI SPC who are better known under the name of TDX Group Limited.

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No youre not , youre entitled to see a Notice Of Assignment.

Youve been told this by me before on your MBNA card.


 

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So how can I stop them putting multiple defaults without showing a credit agreement deed of assignment or notice of assignment?

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So how can I stop them putting multiple defaults without showing a credit agreement deed of assignment or notice of assignment?

 

They are required to show a factual report of the account for 6 years afrom account closure. They ARE NOT Defaulting you every month. It defaults just ONCE.

The only time youd have multiple defaults is if they were selling the account where the old company would need to remove theirs while the new company maintains the new one (Selling to a DCA for example)

 

A DOA is a commercially sensitive document that you are not entitled to see, only a judge can order it for his own viewing.

A notice of assignment can be had by asking for confirmation from the from TTI SPC.

What happened when you had a CCA Request sent before? Did you send it to TTI SPC? I believe that they are a BR / IVA Specialist DCA and they belong to one of Lowells Backing Companies If I remember Rightly.

SO did your IVA fully fail? And why did you cancel it? It would explain why these guys have said account.

 

Whats the Default date on your CRA?


 

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I've got a photo of my credit report to show they are defaulting me every month. How can I post this up!?

 

I cancelled it because of their rip off fees.

 

If you read the FCA guideline as above it states a Deed of Assignment must be sent to the customer, its in black and white!!

 

Like I've said repeatedly a CCA request was made and no response was received.

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Thread moved to the appropriate forum.

 

Andy


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Having problems with a debtor.

 

I have asked in writing on 3 occasions for a copy of a credit agreement. They have not responded.

 

They are placing multiple defaults on my credit file every month whilst showing no proof of the debt.

 

They have not supplied me with a deed of assignment either to show they have purchased the debt.

 

The debt was originally what was Littlewoods catalogue going back well before the year 20000 so I doubt that there is a credit agreement.

 

Legally what can I do to stop them placing multiple defaults on my credit file whilst showing no proof of the debt existing!?

 

Do you mean that you are having problems with a creditor ? If you are the borrower, you are the debtor - the lender is the creditor !


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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Sorry for that the creditor is TTI SPC but the account is being managed by TDX Group Limited.

 

So, with regards to placing multiple defaults and they have failed to provide evidence of the debt via credit agreement, deed of novation and deed of assignment.

 

Where can I go from here as its affecting my credit rating!?

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why was this debt not defaulted by the original creditor when they sold the debt on..?

something is not right here

 

 

TTI SPC /TDX Group Limited. are extreme bottom feeders


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Sorry for that the creditor is TTI SPC but the account is being managed by TDX Group Limited.

 

So, with regards to placing multiple defaults and they have failed to provide evidence of the debt via credit agreement, deed of novation and deed of assignment.

 

Where can I go from here as its affecting my credit rating!?

 

Alarm bells are ringing FOTL:| Please provide the relevant legislation as to where you get this idea from ?

 

Regards

 

Andy


We could do with some help from you.

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Alarm bells are ringing FOTL:| Please provide the relevant legislation as to where you get this idea from ?

 

Regards

 

Andy

 

Andy - http://www.consumeractiongroup.co.uk/forum/showthread.php?458837-Max-Recovery-Limited-not-showing-proof-of-debt-purchase

 

In that thread is a link to the site Lucky7even used.

 

It is deffo FOTL here...

 

He has been advised a few times that DOA Dont apply here etc...

 

Lucky7even, you wont get it removed of your CRA. I asked earlier when the Default date was, then we could calculate when it would fall off your CRA. Also within the CONC Info you posted up itt doesnt say DOA anywhere. In the CONC rules it does state that a NOA is required when sold on.


 

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The word Novation..always triggers it for me :roll:


We could do with some help from you.

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no wet signature does it for me


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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DOA for me, then the 3 letter process. The amount of times, I have been on "That Other Site" and laughed at the responses they get from the DCA, then they get told

 

"Send letter 2" because of this interloper BS... Lol... Classic...


 

We could do with some help from you.

 

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**Fko-Filee**

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I've got a photo of my credit report to show they are defaulting me every month. How can I post this up!?

 

I cancelled it because of their rip off fees.

 

If you read the FCA guideline as above it states a Deed of Assignment must be sent to the customer, its in black and white!!

 

Like I've said repeatedly a CCA request was made and no response was received.

 

You will see an updated default marker every month - for 6 years from the original placement by the original creditor. This is not evidence of "multiple" defaults - but one default being updated as they are required to do.

 

Can you please point to the specific section of the FCA guidelines that states that you are entitled to see a copy of the Deed of Assignment ?


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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I need some advice on a creditor placing multiple defaults on my credit file.

 

The debt was what was a Shop Direct Finance ie Littlewoods.

 

I have written to the new owner of the debt a firm called TTI SPC.

 

The account was opened back in 1999.

 

I have requested under a CCA request for a copy of the original credit agreement and deed of assignment.

 

Under FCA Guidelines, it does state when a debt is sold on a customer needs to be sent this as it proves who owns the debt.

 

However, I have written to TTI SPC and they wont reply.

 

It is showing as a D each month on my Noddle credit report.

 

I raised a dispute with Noddle that the owner of the debt has failed to supply the above, TTI SPC have refused to remove the defaults even though they have shown no proof of the debt.

 

So, where do I stand with this please as the defaults are ruining my credit file and lender wont respond.

 

PLEASE DONT MERGE THREADS IT GETS CONFUSING

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