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    • I’ve seen a few threads on this already and unfortunately I’m in a similar situation through my own idiocy and stupidity,    I received a letter asking me to attend a telephone interview and provide statements for “ may to august 2020 “as they have information to believe “mr x” is living at the address... the interview is next week   Every single document they have asked for is in his name, I feel so stupid for this I was going to ring up and Cancel my award but with the pandemic and worry over income I made the awful mistake of not doing so,    unfortunatey for various mental health, personal reasons i have also been claiming before this period, our relationship hasn’t been stable but we have always remained friends since we had a child together in 2015, I’m petrified they are going to ask to go back that far and the bill is going to be awful,    I want to just ring up and own up to my partner living here during those dates but I want to know if they are then going to go digging for anything previous to that?    what I’ve done is wrong and awful and I want to own up, but I’m so scared and nervous that if I own up to the previous few years too my bill will be so high and I will go to prison , what’s worse is that my partner doesn’t know I’m still claiming he told me ages ago to stop but life just got on top of me and I suffer with ptsd and anxiety and one thing led to another  putting it off   i won’t be entitled to any award as my partner now earns above the threshold for this   do I just stick to owning up about the dates they ask or do I tell them about the previous years claims by telling them the exact date he moved in   to compile the misery on this we decided to make a proper go of it and got engaged in January this year so it’s just another thing that they will find if they dig enough as the venue is now booked for 2022   im so ashamed and embarrassed by my actions i feel like there is no way up for air from all this and I don’t know which way is the best route to take, why oh why didn’t I chance it when intended too earlier this year
    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
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Help!! Aktiv Claimform - HALIFAX/SAV Aqua credit card 'debt'


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I've been a member for some time and though have used a lot of the advice found here (thanks) but this is my first post.

 

I need some urgent advice please.

 

I took out an Aqua Credit card back in 2006 which fell into arrears after in 2011

I unfortunately became unemployed and could not repay.

The CCA agreement has Halifax Plc as the creditor.

 

The debt was sold on and

 

 

a court Claim was issued by Aktiv last year for £1700.

 

 

The particulars of claim states that the credit agreement was with Progressive Credit Limited,

and that the account was assigned from Progressive Credit Limited to the Claimant.

It also states that I defaulted on the agreement in 2012 but does not state whether a default notice was served.

 

Following my CCA and CPR 31.14 requests,

Aktiv's solicitor, sent me the credit agreement with Halifax dated October 2006 along with credit card statements.

They stated that Halifax was using the Aqua card under licence from SAV limited,

the parent company of Progressive Credit Limited.

I have no idea what this really means.

 

I filed a defence that I never had a credit agreement made with Progressive Credit

and I have never been provided with a default notice or termination letter.

There is a hearing coming up.

 

Do have a leg to stand on with this line of defence?

Can they succeed without having to produce termination letter/default notice?

 

Any thoughts would be appreciated.

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Hi jbs

 

What date did they issue the claim.....and is the claim currently stayed?

 

Regards

 

Andy

We could do with some help from you.

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It's just that they've insisted on an offer of settlement which is higher than I can afford but I need to know if I should try and find a way to raise money to settle with them if I have no prospects

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If you could read and complete ..posting your responses here to the following...as we know nothing with regards the back ground to this claim.

 

If you could also type their particulars and your defence (verbatim) .

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues

We could do with some help from you.

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Hi Andy

 

Not sure what to complete on the link but I've read the guides and many of the threads. Thanks.

 

POC

 

Claimant: Aktiv Kapital

Defendant [ name'

solicitor [name]

 

'The claimant claims the sum of [ ] for debt and interest. On [ ]11.2006 the defendant entered into an agreement with progressive Credit Limited for a credit card under reference......... On [ ]/09/12 the defendant defaulted on the agreement with an outstanding balance of [ ]. On [ ]/01/13 the debt of [ ] was assigned to Aktiv Kapital. Notice of Assignment was sent to the defendant in accordance with ss.136 Law of property Act 1925.

 

And the Claimant claims

1. the sum of £1398.61

2. statutory interest etc etc.'

 

My Defence

 

'Name of claimant

Name of defendant

case number

 

1. I received the claim [number] from the County Court Business Centre on [ ] August 2014.

 

2. Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.

 

3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

 

4. It is denied that the Defendant has previously entered into an agreement dated [ ] November 2006 with Progressive Credit Limited for a credit card.

 

5. The Claimant’s Statement of Case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

6. The Claimant’s statement of case states that the account was assigned from Progressive Credit Limited to Claimant on [ ]/01/13. The Defendant does not recall receiving notice of this assignment.

 

7. 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.

 

8. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant as required by s87 Consumer Credit Act 1974.

 

9. On [ ] September 2014 I sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant's Solicitor. I requested the Claimant to provide copies of the Agreement, Default Notice and Notice of Assignment.

 

10. On [ ] November 2014 the Claimant's Solicitor sent me copies of the Credit Agreement and

Account Statements.

 

11. I note however that the credit agreement sent to me by the Claimant’s solicitor is in fact what appears to be a credit agreement between me and Halifax PLC dated [ ] October 2006. Also, the agreement appears to bear my signature but not the signature of Halifax PLC. This cannot therefore be the credit agreement referred to in the Claimant’s statement of case which was said to be between me and Progressive Credit Limited dated [ ] November 2006.

 

12. On the [ ] September 2014 I sent a formal request for a copy of the original agreement to Claimant pursuant to section 77/ 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

13. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement

 

14. The Parties agreed to an extension to the time period allowed for filing of my defence to [ ] December 2014 under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, but they have failed to do so. The credit agreement referred to in the Claimant’s statement of case has still not been provided to me despite repeated requests.

 

15. On [ ] December 2014 the Claimant’s Solicitor informed me in writing that I have been provided with “copies of the documentation which the Claimant intends to rely and therefore no further documentation will be provided.”

 

16. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

17. I request the court orders the Claimant to provide necessary documentation, and in particular, the credit agreement with Progressive Credit agreement dated [ ]/11/2006, in order for me to fully plead my case else the Claim should stand struck out.

 

18. In the event that the relevant documents are received from the Claimant I will then be in a position to amend my Defence, and would ask that the Claimant bears the costs of the amendment.

 

19. It is denied that the Claimant is entitled to the relief as claimed or at all.

 

Statement of Truth

 

I believe etc etc'

 

Thanks

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Okay...and the agreement number does not relate to anything you have ever entered into?

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 OTHERS

 

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Aktiv's solicitor, sent me the credit agreement with Halifax dated October 2006 along with credit card statements.They stated that Halifax was using the Aqua card under licence from SAV limited,the parent company of Progressive Credit Limited.

 

If your card was issued under licence form Halifax then they have complied with your section 78 request.

We could do with some help from you.

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Then their particulars are slighty adrift with regards to the OC...a matter that they could easily correct...and would be regarded by the the court as de minimis.

 

Theoretically you could ask the claim to re plead their particulars...but would be rather pointless.....as they could argue that Progressive is the parent company.

 

So in view of the above...is what they have sent enforceable ? Have they complied with all the court directions?

We could do with some help from you.

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Ok, on that basis the CCA agreement looks fine, but they have not sent me copies of default notice or termination letter. If they don't provide these, can they still enforce? I certainly never received any.

The court directions are the standard ones for a small claim and they are not due for some time.

 

Many thanks for your help, Andy

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Default Notices are not particularly a showstopper IMHO...some Judges will ask, some wont...

 

More importantly did you ever receive a Notice of Assignment ?

 

Make sure you comply with the directions by the due date...if they dont you may have recourse to ask for sanctions to be imposed.

 

Their offer of some form of settlement is a signal that they are prepared to try to reach settlement and not proceed as trial date approaches...for whatever reason...you should bear this in mind and use it as an opportunity to negotiate...preferably by way of a Tomlin Order...in which you can ask for conditions...payment plans and costs to be avoided with no Judgment.

 

Its an option open to you rather than proceed to trial and risk judgment.

 

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 OTHERS

 

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More importantly did you ever receive a Notice of Assignment ?

 

 

I never received a Notice of Assignment. It was sent to me only after my CCA and CPR requests.

 

Many thanks again for your help so far, Andy.

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