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    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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HPH2/cohen claimform - Santander Loan 'debt'***Claim Struck Out***


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Name of the Claimant ? – “Hoist Portfolio Holding 2 Limited”

Date of issue – . 21st May 2015

What is the claim for – the reason they have issued the claim?

 

1.This Claim is for the sum of +£5k in respect of monies owing pursuant to the consumer creditlink3.gif Act 1974 (CCA) under account no XXXXXX XXXXXXXX

The debt was legally assigned by Santanderlink3.gif UK PLC to the claimant and notice has been served.

 

2.The defendant has failed to make contractual payments under the terms of the agreement.

 

3.A default notice has been served upon the defendant pursuant to Section 87(1) CCA.

 

4.The Claimant claims

1 – The sum of +£5k

2 – Interest pursuant to s69 of the county courtlink3.gif Act 1984 at a rate of 8.00 percent from 03/05/2015 to the date hereof 15 days is the sum xxxx

3 – Daily interest at the rate of £1.71

4 – Costs

What is the value of the claim? +£5k

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? I think a Loan

When did you enter into the original agreement before or after 2007? Feb 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Claim is now with a debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? I can not remember, if they did send then perhaps to an old address

Did you receive a Default Notice from the original creditor? I can’t remember

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? I think it was September 2008

What was the date of your last payment? 31st September 2008?

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementlink3.gif plan? No

DEFENCE:-

 

I have wrote to Hoist Portfolio requesting a copy of the CCA, I have not had any response within the deadline.

 

My defence is that this debt is not enforceable without the original CCA agreement.

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thata not a defence

 

 

try this

ad adapt to their POC number and YOUR situation

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441770-Capquest-Drydens-Claim-Form-old-LLoyds-Loan-debt

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,

 

Dx you was right - wait and see what Saturday's post brings!

 

This am it brought me the SAR from Santander for an Alliance & Leicester Loan which this legal claim belongs to.

 

It states the last payment was Feb 2009 and I have been charged £25 x 13 times for "LETTER CHARGE"

 

I guess now I file the defence under "STATUE BARRED" do I state that I have the SAR from Satan?

 

Thanks,

Flappy

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simply insert the bits needed

 

 

and file it on mcol

 

 

E&W

....

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

  • Confused 1

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 have filed via MCOL.

 

Thanks for all the help on this one, I will keep this post updated.

 

If anyone needs / requires a copy of the Credit Agreement for any other case to compare give me a shout.

 

Once this is done I will give another donation for the very much needed help.

 

Thanks,

Flappy

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defaulted date is nothing to do with SB date.

 

 

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

ideally a default notice

which gives them 'permission' to register a default against the account

should be issued around the date of the 3rd missed payment

 

 

however the ICO no longer give any guidelines on this since 2014

its been removed.

 

 

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

I have still not had a reply to my CCA or a reply from the solicitor.

 

I find this rude that the solicitor would not reply within the time frame, the CCA I understand!

 

Now that the defence has been filed is it just a waiting game? 28 days for them to reply?

 

Thanks,

Flappy

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they have 28days from your def filing

IF they want to do anything

 

 

then after that

the claim is stayed.

and could remain that way for years.

 

 

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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Mcol is over now

The claim is stayed

 

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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Already answered post 87

 

If the claimant wants too proceed

They will need to pay the court fee and file.

 

Next move is theirs

 

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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Hi Dx,

 

Sorry I misunderstood

 

I feel that it is left hanging, I guess no response from either the solicitor or Hoist has been a good sign so far - also I have the SAR that shows SB so I imagine that it's over (for now at least)

 

I was expecting something from them or the court to say the matter is over thats all.

 

Thanks

Flappy

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Poss you might get a notice of discontinuance from the claimant

Or

They will send so kind of intimidation letter trying to wear you down

 

Until/unless you. Receive any further paperwork from the court

Its stayed

 

Go read other court threads....

 

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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  • 2 weeks later...

Not closed....just stayed.

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

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Depends...some stayed claimed have been resurrected 3 years later on......but it is a good sign.

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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  • 2 weeks later...
I notice today that they have updated the credit file to show a new amount with the court fees etc added, is this common practice?

 

Well they have to account for litigation somewhere...means nothing in reality unless they actually proceed and win.

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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