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    • Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
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Claimform Arrows - HSBC Account card/cheque fraud***Claim Discontinued***


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Along the lines but its still requires further work......did you ever get a crime reference number?

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 OTHER

 

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If you could......has their default caused any damage/distress to your credit rating and you?

We could do with some help from you.

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Hi Andy,

 

My Wife and I never actually noticed a problem with our credit rating. It's always been fine for as long as I can remember.

 

Managed to get a crime reference number today and the name and collar number of the officer who dealt with the case.

 

 

Will also be looking to request details of the investigation etc and been advised to contact the Freedom of Information team;

although told this could take quite some time as it's been around 11 years since the incident occurred.

 

How else could I develop the defence?

 

 

I'm just wary of time frames and want to ensure I get our defence in before the deadline.

 

Thank you for your help.

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I will draft you a suitable defence....just give me a nudge a few days before.

 

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 OTHER

 

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Yes sure but will be in the morning now...long day...defence head is tired:sad:

We could do with some help from you.

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Would have preferred this morning as per my last post not 4.00pm in the afternoon.What date is it due?

We could do with some help from you.

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Particulars of Claim

 

1. The claimant clams payment of the overdue balance due from the Defendant under a contract between the defendant and HSBC dated on or about 17/11/1997

and assigned to the claimant on 13/05/11 in the sum of 9509.00

 

PARTICUALRS a/c NO: XXXXXXXXXX

 

DATE ITEM VALUE

03/07/14 Default Balance 9509.00

Post Refrl Cr NIL

 

TOTAL - 9509.00

 

Defence.

 

It is denied that I am indebted to the claimant for the amount claimed.It is admitted that I did hold a current account with HSBC in 1997.

I was a victim of account fraud which was brought to HSBC attention dated xxxxxx and also reported to my Local Police.

 

The crime number is xxxxxxx dated xxxxxxxx.

 

HSBC ignored my complaint, failed to investigate the matter or offer any compensation to rectify the fraud.

 

It is therefore denied that I am indebted to any amount or any responsibility of the account number in question.

 

I ask the Court to dismiss the claim in its entirety for the above reasons.

 

 

 

 

Edit to suit add anything relevant I have missed...copy and paste into MCOL.

 

Regards

 

Andy

We could do with some help from you.

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Sorry Andy, I was out at 4am this morning and on the road all day. Thank you very much for this. I really appreciate your help.

 

I believe the due date is the 3rd or so I worked out but not sure if it needs to be in before this date or by the end of the date.

 

I'll edit it with the crime reference number and send it tonight.

 

Thank you once again.

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Sorry Andy, I was out at 4am this morning and on the road all day. Thank you very much for this. I really appreciate your help.

 

I believe the due date is the 3rd or so I worked out but not sure if it needs to be in before this date or by the end of the date.

 

I'll edit it with the crime reference number and send it tonight.

 

Thank you once again.

 

Not a problem ...I understand if you are working so hard.

 

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 OTHER

 

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  • 2 weeks later...

Hello,

 

 

Just a quick update. Received the attached letter today from Reston's who are asking for more information (also attached) as part of their 'clients procedure'.

 

 

They were provided with the crime reference number and the year in which the incident took place as per the defence but not smaller details such as the date it was reported, officer who dealt with case or the police station it was reported to etc.

 

 

Should I need to respond to this or ignore it?

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You are not at liberty to comply with that at this stage.. Arrow are not party to the fraud..it was HSBC so it is pointless as the Police will not deal with them.

 

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 OTHER

 

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  • 1 month later...

don't forget to use PDF

 

 

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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Just complete it Trans...its of no use to them.

 

Andy

We could do with some help from you.

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You're not under any obligation (unless it comes from a court) as the claim is stayed...its not going anywhere anyway.

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 OTHER

 

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  • 2 months later...

Hi Andy,

 

 

How should I proceed with Restons?

 

 

We received a few letters from them asking to complete Arrow's fraud form which we have ignored.

 

 

Today we receive a letter (attached) threatening to Strike out the Defence and suggesting we complete a N9A as a consequence of a transaction log (also attached) which they enclose showing payments made to Tessera.

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so, arrows [Tessera] spoofed her into paying

so what

then flogged the debt to 1st credit

 

 

still doesn't explain the fraud.

 

 

IMHO ignore them still

 

 

see what andy says

 

 

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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Share on other sites

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