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    • Quick update. I've now recieved a letter before action from them with a form to return enclosed, still no credit agreement however. I assume just a case of following the other thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
    • HI all, This is done now. My daughter and her fella are currently in the process of remortgaging so they just paid it out of panic. Thank you anyway DX
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DCA paid money onto account to make me liable for a debt


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A DCA paid money onto account to make me liable for a debt ,

 

 

I now have the proof that they did this ,

 

 

what can I do ,

 

 

as its showing I made a payment,

 

 

and by doing so its implying I accepted that I owed the money.

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A Debt that I have never acknowledged has just come to light ,

 

 

I put in for a S A R and found that a payment had been made in 2012 thus making the debt live and accepted,

 

 

I never made the payment but in the SAR its shows who did and it was a DCA,

 

 

so a debt that would now effectively be statue bared

 

 

has been given another lease of life by the payment ,

 

 

is this fraud ?

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Hi there,

I am moving this thread to debt collection agencies Forum where you may get more feedback.

 

Regards

 

SS

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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If you are absolutely positive you did not make this payment, then challenge it if it is statute barred and they try to claim that it isn't.

 

If this was money you sent in respect of a CCA or SAR request, then whilst they can deduct it from the account, it is an unsolicited gift from them - NOT a payment made by you, so does not reset the SB clock.

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A Deed of Novation is used where one party transfers its rights and obligations under a contract to another party. A novation usually happens when the seller of a business transfers the contracts with his customers to the buyer. The consent of all three parties - the transferee, the transferor and the other contracting party - is required to effect the novation.

:mad2::-x:jaw::sad:
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unlike most people I do keep all letters for a ten year period, and I do have all the original letters and postal order numbers pertaining to this alleged debt .it was a payment for a CCA1974 fee all the other 4 company's returned my fee but APEX CREDIT MANAGEMENT did not ,and I have now got the proof as it was in a SAR with a new DCA who I have contested this with ,and they have now withdrawn it from county court

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Ha ha, had to laugh, the good old 'phantom payment' trick, can't believe they're still employing this!

 

Surely they must know by now that we all know the silly games they play, WHO IS the DCA??

 

This is going to be another 'admin error' I feel......

 

Send any evidence you have to the FCA.

 

Have they altered your credit file at all? ie, dates?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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the gift payment from a dca to your debt does not reset the SB clock.

if it shows the payee anyone other than you

 

 

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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Who is the DCA?

 

The OC should be the one to mark your files with a default, then when they farm it out to a powerless DCA they then place their name alongside the default.

BUT they ''shouldn't'' change the original date the default was placed.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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im in the process of try to get Equifax to sort out this crap

 

You can place a notice of correction on the disputed defaults so lenders will have to read your statement before making any decision.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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A Deed of Novation is used where one party transfers its rights and obligations under a contract to another party. A novation usually happens when the seller of a business transfers the contracts with his customers to the buyer. The consent of all three parties - the transferee, the transferor and the other contracting party - is required to effect the novation.

 

Mike....... Novation and Assignment are two different things...novation is the the substitution of a new contract for an old one...assignment is a change of owner of the existing agreement.

 

Regards

 

Andy

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Mike....... Novation and Assignment are two different things...novation is the the substitution of a new contract for an old one...assignment is a change of owner of the existing agreement.

 

Regards

 

Andy

 

The poster asked what a Novation was in their post - hence the response?

:mad2::-x:jaw::sad:
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Who is the DCA?[/Quote]

 

Sounds like a Lowell special

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