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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
    • I am heading over to hers tomorrow so I will find out.  Will there be something written in the agreement or does it depend on the agreement its self ? Just so I know what to look for, so I can provide as much information as possible on here. 
    • The answer to this is going to depend on what the agreement your friend signed says. Or contact the housing provider and ask them.  
    • Thank you all for the responses, to answers a few questions  - she has had the car since Jan 23 on a 5 year term.  - She is unsure what the agreement is called, but at the end she has the option to make a payment to "buy" the car - she recieves benefits for her young children alongside the ssp (normally she would be on NLW for a 16 hr a week job)  - Yes she would like to keep the car  She has not responded to the last email from them asking her to call and it'll be followed up in an email. I told her to hold off until atleast Wednesday so I can read a few posts on here and get some more information.  I will ensure she follows up with a letter, that has not been signed but instead her name written.   Thank you  
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Marlin/Restons Claimform - old Lloyd Loan 'debt' statute barred


myotai
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and from your other thread

you've sent the sar to Lloyds?

 

 

might be useful to have the statements

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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I did have PPI yes - cost me a fortune too!

 

Regarding the balance, its zero on the account statements the DCA sent me. But it looked like the outstanding balance at the time I stopped paying was about right.

 

Need to examine the PPI also unless you have already reclaimed it, it would I imagine seriously alter the balance due after six years of interest.

Another string to your bow.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Never looked into it as I presumed it would be a clear acknowledgment of the debt. Different game now though!

 

No doesn't work like that, the debt has been assigned the original creditor will owe you the reclaimed PPI, could cause them all kinds of trouble, anyway lets have a look at the paperwork when you get it back.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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If I get it back :)

 

Well that may not be a bad thing either :)

Edited by Dodgeball
may

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I guess we're waiting on the replies from the request letters? Is there anything else I/we can do in the interim?

 

Feeling a bit disempowered at the mo...

 

Quick question,

 

Does receiving a 'Claim Form' stop the clock with regards to the Limitations Act and the 6 year rule?

 

Thanks...

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Yes myotai unless it was already SB before they issued it.

We could do with some help from you.

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Hi,

 

I spoke to a DCA recently and they said they needed to confirm my details before proceeding. I did this otherwise I'd have gotten nowhere.

 

This wouldn't have been proof of me acknowledging a debt would it?

 

I thought it was only a payment or acknowledgment in writing that counted.

 

Thanks...

 

I hasten to add this is academic as I am confident my particular case is SB.

 

I am just thinking of others that might fall foul of this if it is the case.

 

Thanks...

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Hi,

 

I spoke to a DCA recently and they said they needed to confirm my details before proceeding. I did this otherwise I'd have gotten nowhere.

 

This wouldn't have been proof of me acknowledging a debt would it?

 

I thought it was only a payment or acknowledgment in writing that counted.

 

Thanks...

 

Why would you wish to confirm it related to you?

 

They can't proceed unless they are sure it relates to you.

If they "do more digging" and find it relates to you : you've bought yourself more time.

If they "do more digging" and find it isn't you then you've "bought" someone else more time.

 

You don't have to go out of your way to obstruct them, but (equally); why help them at all?

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Sorry I didn't explain myself properly.

 

It was the DCA that wanted to confirm they were talking to the person related to the matter in hand.

 

They said that without me confirming my DOB and Adrerss they would not continue.

 

I guess werer telephone cconversations are concerned I really could have been anyone offering that information - not like I had a secure password or anything.

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the filing date - you have until midnight the 12th October to submit any defence.

 

 

just do not miss it regardless to if/if not they return anything

 

 

IF they fail to supply an enforceable CCA by that time

 

 

you file the 'holding/no paperwork' defence

widely available on many threads in the forum you are in

and in

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

but you must adapt it to YOUR PoC.

 

 

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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make SURE you post your proposed Defence here first

and the team will check it.

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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Hi guys,

 

Got a reply from Restons re my CPR request. I'll transcribe the letter tomorrow but effectively they're denying any of my requests based on the following reasoning.

 

1. "You would have been given a Terms and Conditions at the inception of your loan so we see no reason why you need an additional one now"

 

2. "..The details in the POC contain all the information you need to understand what the claim relates to..."

 

They quote a load of stuff from paragraph 5.2A of 'Practice Direction 7E'...

 

 

As I said I'll transcribe tomorrow.

 

They've supplied nothing but the above.

 

What do you think?

 

Thanks...

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No need to myotai.... it will be the same template as on all our other Restons threads.

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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As per DX post #53.

 

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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