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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Harry May

M+S Default Removal

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Hi Guys,

 

I had a dispute with an M&S agreement which was a very bad copy of an application form back in 2008 sending all the relevant letters etc... This is now seven years ago. M&S sent me a default notice at the time and then sold the alleged debt on.

 

below is a time line of what happened and a few questions hope someone can help.

 

March 2008

 

Disputed debt from M&S sent letter cca request (poorly eligible application form) Approx £4000

 

August 2008

 

M&S transferred alleged debt to debt collectors (Collect Direct)

Collect Direct wrote threatening to take me to court - Sent them a letter explaining that the debt was in dispute and that was the last we heard from them.

I also sent a letter back to M&S as they sent the same eligible application form and I stated that the account was in dispute under section 78(6) states that while the account is in dispute it cannot be enforced.

Note This was the last correspondence we had with anyone todate

 

Dec 2009 - Present

 

Started getting numerous letters from 1st Credit (Finance) Limited threatening to take me to court to offering substantial discounts off the alleged debt received over the next few years at least once a week. Along with phone calls and texts.

Also Letters from Lowell Finance & Connaught Collections

 

Below are a few of the letters received:

 

May 2014

 

Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013

Received letter from 1st credit "County Court Proceedings Being Considered"

 

July 2014

 

Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013

 

October 2014

 

Received letter from Solicitors Moon Beever acting for 1st Credit

Day later letter from Connaught Collections

 

August 2014

 

Letter from Lowell Financial stating that they have written to us on numerous occasions and offering a discount.

 

March 2015

 

Received letter from M&S stating that they have sold the debt to 1st Credit ( Finance) 4 Limited on the 25/01/2013 ( Cannot understand why they have contacted me now when the alleged debt is now over six years from 2008 Also they had already sold alleged debt off to Collect Direct in August 2008 which is also over six years ago and also to Lowell Financial).

 

Also received letter from 1st Credit (Finance) Limited stating that they have assigned a debt from 1st Credit (Finance) 4 Limited.

When checking credit reference agency I noticed a default from 1st Credit Limited suddenly appear which was not there last month but on further investigation found that they had lodged a default in Dec 2009 ( did not receive any Default Notice) and when I recently updated my credit file with old addresses it appeared so must of been linked to an old address.

 

Questions

 

1) If a debt is over six years old and gone off my record can a debt collector still keep a default on your credit file even if the account is in dispute and now statute barred?

 

2) Also M&S have written to me way over the six years to tell me that they have sold the debt in 2013 to 1st Credit (Finance) 4 Limited.

 

Are they in breach as the account was in dispute and the alleged debt is now statute barred?

 

3) Is there a limit to the number of creditors that can chase you for a debt?

 

I have had 1st Credit & Lowell Financial Chasing me at the same time.

 

4) Can a creditor put a Default on your credit file if the account is in dispute?

 

5) M&S issued a Default Notice in 2008 & 1st Credit added a default on my credit file in Dec 2009 is this allowed?

 

At no time have I received any Default Notice from 1st Credit and only recently since checking my credit rating have noticed this default.

 

Thanks in advance for any help.

 

Harry May

Edited by Harry May

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Questions

 

1) If a debt is over six years old and gone off my record

can a debt collector still keep a default on your credit file

even if the account is in dispute and now statute barred?

 

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 or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

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.

 

2) Also M&S have written to me way over the six years to tell me that they have sold the debt in 2013 to 1st Credit (Finance) 4 Limited.

- doesn't matter

 

Are they in breach as the account was in dispute and the alleged debt is now statute barred?

no

 

3) Is there a limit to the number of creditors that can chase you for a debt?

ideally only one should be 'asking' for payment, but many are the same 'group' anyway

an sb'd debt in E&W can still be chased

as it still 'exists'

 

I have had 1st Credit & Lowell Financial Chasing me at the same time.

 

4) Can a creditor put a Default on your credit file if the account is in dispute? yes

5) M&S issued a Default Notice in 2008 & 1st Credit added a default on my credit file in Dec 2009 is this allowed?

no as above

 

At no time have I received any Default Notice from 1st Credit and only recently since checking my credit rating have noticed this default.

 

Thanks in advance for any help.

 

Harry May

 

 

.............

 

edit, I'm a bit confused, above you say it doesn't show on cra, but later you say it does?

 

dx


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Many thanks DX for your quick response.

 

Regarding the cra I only recently joined one and did not enter my past addresses and my credit file was excellent!

 

Then last week I updated my file with my old addresses and that is when I noticed the default suddenly appear.

 

I then found out that 1st Credit had put this on in Dec 2009.

 

 

So are you saying that after six years of the debt being gone with no payments and no correspondence that all the defaults should be gone as well even if they put them on later?

 

M&S account stopped paying Dec 2007 six years would be Dec 2013

 

No correspondence since Aug 2008

 

If I understand you correctly any defaults should of gone when the account went (after six years) if so how do I go about getting this default taken off?

 

Best regards

 

Harry May

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you are lumping defaults with statute barring

there is no direct link.

 

 

if the debt in its summary top line has a defaulted date

 

 

that debt should be totally removed from the cra file on the defaults 6th birthday.

never to return, regardless to any later defaults etc etc

 

 

that's does not mean the debt might not still be owed mind.

 

 

statute barring is 6yrs from last use or written & signed acknowledgement

if/if not a debt shows on your CRA file is nowt to do with any SB criteria.

 

 

if you have proof that the debt was listed as defaulted

more than 6yrs ago and still shows

you need to provide that proof to the CRA people and demand the debt is removed under the ICO guidelines.

 

 

placing another default on the file should not hold the debt on the file

for another 6yrs

unless you rectified the old default within 14 days.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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Thanks DX,

 

Do yu know of any templates for contacting the cra's

 

Regards

 

Harry May

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no not needed.

 

 

if you have documented proof

like and old cra file printout

or a copy of the M&S DN or record of it in say and sar

 

 

all you need to do is simply send that with a cover note

asking why the file is still showing outside of this defaults 6th birthday.

 

 

don't forget mind

there are three cra providers

 

 

might be an idea to tackle one

 

 

then fwd that around the others when successful.

 

 

most of them have live chat

noddle has a free query service.

simply ask the question there?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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4) Can a creditor put a Default on your credit file if the account is in dispute? yes

 

Madness. They have a duty to check that the debt exists though. Otherwise they face a defamation claim.

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Update:

 

After searching through loads of boxes I found M&S Default Notice dated July 2009 but this is not showing on the credit file only First Credit from December 2009.

 

Is there anything that can do?

 

Regards

 

Harry May

Edited by Harry May

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they cant change the OC's original defaulted date from the CRA file

but 6mts is not really an issue


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi DX,

 

Thanks again for your quick response

 

 

do you think if I wrote to the cra after July and show them the original default notice

they will take first credits default off or is it best just to wait until December!

 

Regards

 

Harry May

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post 6 answered already


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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