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    • Yes apologies I thought it was a fixed loan as it involves a guarantee and being a business debt
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    • On the second claim – for the front patio and in respect of which you haven't so far issue the claim, as far as we can make out – once again with the kind assistance of my site team colleague @FTMDave, we think that the correct claim should be     This would leave you with a patio which had cost you £7888 – and which is the price that you originally contracted for .   You agreed to pay £7888 for the front patio. If you claimed the £14,000 or so that you are proposing, you would be in a position where you would be getting a front patio almost free of charge   So we think that your claim should properly be for £6439.60 p However in the circumstances, I should certainly wait until we figure out what to do about the first claim that you put in. I've already suggested that you contact the sheriffs – and maybe you would come back here and let us know that you have done that and what they said.   incidentally, these are our figures – you need to do your own calculations and confirm them independently or come up with a different calculation – independently. Same for the first claim.
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    • 3rd Try   STATEMENT OF  I Mr will say as follows:    INTRODUCTION  1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers.   7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
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Job Offer and old CCJ's


knoker77
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Hello

 

I am looking for advice

 

I have been offered a job Currently unemployed

 

Its a great job and one i really wanted , with a top Company

 

Now ive recieved the offer , i have to complete a pre employment screening

 

Its screened by a Company called hireright UK

 

It seems to be a CRB check - Which is fine and Credit check

 

I have a couple of CCJs from 3/4 years ago which i am paying , and are nearly done

 

£500 left on one £400 left on another

 

Any advice on how you think this will effect my postion , its not in Bank its an IT company

 

After 3 interviews and presentation , to fail here would be gutter .

 

Anyone been in a similar situation

 

Many thanks

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Hello

 

I am looking for advice

 

I have been offered a job Currently unemployed

 

Its a great job and one i really wanted , with a top Company

 

Now ive recived the offer , i have to complete a pre employment screening

 

Its screened by a Company called hireright UK

 

It seems to be a CRB check - Which is fine and Credit check

 

I have a couple of CCJs from 3/4 years ago which i am paying , and are nearly done

 

£500 left on one £400 left on another

 

Any advice on how you think this will effect my postion , its not in Bank its an IT company

 

After 3 interviews and presentation , to fail here would be gutter .

 

Anyone been in a similar situation

 

Many thanks

 

Did you disclose the CCJ's ? (And were you asked?)

 

It may have been better to pre-empt them finding out (they can find them on Trust Online) by telling them.

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Not asked untill now i am at the pre employment screen stage Its not carried by the employer its by a 3rd party callled hireright , the form asked for your persnal details and performs CRB ( no Problem ) Credit Check ( Problem ) and feeds the info back to the employer if that makes Sense

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Consider calling your contact at the prospective employer.

 

"I got into problems 4 years ago and got CCJ's.

I've turned my life around, and am happy to show you I've been paying them regularly to clear them.

This new job will help me get them satisfied even sooner"

 

Would that look better to a prospective employer than "CCJ's showing" coming back on a Trust Online report as an out of the blue surprise to the employer?

 

You can't stop them finding them : you can try to manage their response to how / when they find out....

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agreed . seems to the way to go , - I have a feeling they will tell me where to go , and looking at this job contract on my desk and the money that secure mine and kids lifestyle , is nearly tipping me over the edge so close but so far - its not even a bank , i could understand if it was a bank , used to work for one , - but it seems every decent job these days reqiures a credit check , i know what ill be spending the next few years sorting out

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Often you are asked first about debt problems and a criminal record.

 

Now, they often ask if you have EVER had a CCJ, now as far as I know I don't believe there is a way for such companies to check anything further back than 6 years, if the CCJ was older than 6 years I'd keep schtum, to all intents and purposes it has gone, clearly though if its not 6 years old its best to mention it first, get a credit report first.

 

Same applies to criminal record, you can get a copy of this from Police, it was recently discussed on here.

 

Not..In my last job, they turned down a guy due to a CCJ, but later changed their mind and invited him back as generally he was a good candidate,.

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The ccjs are in the six years 4 years ago , The Pre screening is done by a 3rd Party Hireright , checkinh noodle the ccjs dont show , checking equifax they dont show , check experian they show, i would which one they will use :) gutted i have a CRB check is clean

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They will be interested in knowing if you have any financial difficulties which would be make you more likely to dip your hand in the till than others so it is down to statistics. I just hope you get the opportunity to explain and this may mean bypassing the 3rd party company if possible to sell yourself in a better light

Thes companies exist as they have access to bulk lists of the credit reference agencies so make it quicker and cheaper than doing it in house. However, they do tend to be inflexible as they work to a particular brief rather than looking for exceptions so good candidates can get passed over in favour of those who just tick all of the boxes.

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My take is this.

They have not asked previously so they are probably not concerned with minor or historical stuff. They are probably more concerned with the level of debt. I am a mortgage broker and when I last changed jobs had some unsatisfied defaults (long story). As they asked on the application I declared them, they also ran a credit search. They were still prepared to take me on as they were historical and my level of debt was minimal.

 

If they feel you are good enough they may want a bit more of an explanation.

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Hope so , i think they are just going to get a red/green report from this 3rd party , - hopefully they will come back to me and i can Explain i was an idiot :)

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Tell them first. If you aren't responsible for money in the job I doubt it will be a problem, esp with a clean CRB check. Your honesty may even go in your favour. Do it ASAP so you can stop worrying - and get in with the info first.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks do they use all of the CR agenices do you know , its a gutter as the job is nothing to with its an It manager job.

 

I work in IT too and I find it annoying, unnessacary and rather obtrusive to have to do these kind of checks when I can see no need for them, I don't deal with money or finance. But at the end of the day, you MUST tell anything they shows in Credit Reports (I assume all 3) and anything that shows on Police Check, Id keep schtum about anything else though unless specifically asked.

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I work in IT too and I find it annoying, unnessacary and rather obtrusive to have to do these kind of checks when I can see no need for them, I don't deal with money or finance. But at the end of the day, you MUST tell anything they shows in Credit Reports (I assume all 3) and anything that shows on Police Check, Id keep schtum about anything else though unless specifically asked.

 

 

Thanks

 

Ive completed the form with the 3rd Party Screening company and I have a current clean CRB and refs will be fine , just the Poor Credit History , Which as you say n IT , is a shame , as its nothing to Do with my job , I will be gutted if i get turned down

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Let us know how you get on.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks

 

Ive completed the form with the 3rd Party Screening company and I have a current clean CRB and refs will be fine , just the Poor Credit History , Which as you say n IT , is a shame , as its nothing to Do with my job , I will be gutted if i get turned down

 

Have you pre-emptied them receiving the report by telling your contact at the firm?

If not, why not? Are you hoping they won't check for CCJ's?

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I am not hoping they wont check - i understand they will do the required checks

 

As i have explained above , the screening is done , by a 3rd party not by the employer , they have little intrest in the HR process

 

The contract offer says besides a few normal things like CRB Check that you must have a

 

" A Satisfactory credit reference"

 

So it will come to down what satisfactory means i would guess ,

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Indeed..in some circumstances they wont care about a few CCJ's, in others they want someone who is spotlessly clean.

 

They want tlo avoid someone with debt problems because clearly that person is gonna be nicking pens all day long :)

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Indeed..in some circumstances they wont care about a few CCJ's, in others they want someone who is spotlessly clean.

 

They want tlo avoid someone with debt problems because clearly that person is gonna be nicking pens all day long :)

 

Spoke to a nice lady in HR , Who said it has flagged up a couple of CCjs totaling just over 1k

 

And if i wished to put something in writing for them to consider it

 

Ive done that and sent a copy of my CR with a clean couple of years , from my current address so back to the waiting game :)

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Spoke to a nice lady in HR , Who said it has flagged up a couple of CCjs totaling just over 1k

 

And if i wished to put something in writing for them to consider it

 

Ive done that and sent a copy of my CR with a clean couple of years , from my current address so back to the waiting game :)

 

Well, you'll have to wait & see.

I still think you'd have been better to tell them before they saw it on the report (it makes you seem less of a risk, since you are seen to be "honest & open" about it), but that was only advice, and you chose not to take it.

 

If you get the job, great. If you don't we'll never know if you would never have got it, or might have if you'd told them about the CCJ's before they found out through the credit report.

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