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    • I have been living with my partner since 2013. But after the birth of our son in 2014 things became unstuck. We were living together but I was making plans to move out, even viewed properties etc and therefore began claiming CTC and WTC to ensure that I could afford to go it alone. Eventually we worked it out but it has been on and off for years. In addition to this, I was in a lot of debt, had lost my job and knew that (selfishly) I needed the tax credits to keep my head above water.  My partner has no idea that I was claiming and if he finds this out he will leave me for sure. The house, the bills, everything is in his name. I work but I dont make enough money to contribute to the house as well as pay all my existing debts (my partner doesn’t know about half of these either). I  once had a bailiff call at the house and I had to tell him about it. He was so angry and mortified (as was I) and I just feel like I am bringing so much shame onto our family. I have been living this lie for 6 years and I couldn’t find a way out of it. I know I have made a huge mistake. I just want to pay it back and try to move on from it. I’m worried that I will have to go to court, prison, or they will want to speak to my partner about it. I really don’t want him to know about this because it’s so shameful. From my estimations it could be between 28-30K. I have absolutely no idea how I will pay it back, as we wouldn’t be able to claim any further credits as a joint claim because he earns too much money.  I haven’t eaten or slept in days. I feel physically sick and I just can’t cope with the guilt and humiliation. I did make false claims and now I’m worried I will pay the ultimate price and lose everything I have.    
    • Hi All,   Hoping for a little help and advice please.   This company Link Financial are chasing me for a debt that I had as a credit card with Royal Bank of Scotland. Out of the blue and having no correspondence from RBS a few year back this company claimed I now owed them the sum of money. I have written in response stating I do not acknowledge any debt to Link financial and asked them to supply evidence of liability. I also requested a true copy of the alleged agreement, a full statement of account, a signed true copy of assignment and any other documents referred to in the agreement. I also enclosed  a £1 payment for the credit agreement request and clearly stated that this £1 payment under no circumstances should be set aside for any alleged debt and if the documentation can't be supplied the fee should be returned.   Link's response was just a small statement of account with credit agreement number, account number (same as the RBS number), date of agreement and transaction sheet where they had taken the £1 fee off the debt value after I asked them not to. There was no true copy of assignment, true copy of alleged agreement or evidence of liability.   For reference, In 2009 my debts started to mount after my wife I had lost a child and we weren't at work for months, so ended up paying the mortgage on a credit card. Eventually it got too much and the RBS took me to county court in 2011 where I received a CCJ and then RBS was granted a charging order on my property which is in my name only. I was ordered to pay a monthly fee.    I received my first letter from Link in 2016 just stating, we have not written to you in some time as we have had to locate your address. We would like to discuss your intentions regarding the outstanding balance on  your account. I had no correspondence from RBS about this so I thought this was a scam company.  Unbeknown to me I also realised the monthly payment to the RBS had stopped being taken directly from my account.   After a few letters backwards and forwards about me disputing Link and this debt today 26th February 2021 I have now received another letter from Link stating. As you are aware a charging order on the beneficial interest you have in the property at.........has been secured. They are now seeking payment and will accept monthly payments on the account in accordance with my current financial situation. If I chose not to settle in full or fail to complete and return the form below or contact them within 7 days they will take further legal recovery action. There is a little boxed section at the bottom monthly or weekly payments for me to fill in and send off.   I'm really at my wits end now of what to do next. I have two years left on my mortgage and finding it really hard to get through that two year financially, especially since this pandemic has really hit home money wise. The last thing I need is the family home to be taken away especially with a 10 year old in the home.    I really appreciate any help and guidance. Thank you.    
    • OK lets pick out a few words in the ramble   Free energy?  Slavery?  Constructive manslaughter?  Weaponised energy of 5g Biowarfare Only wearing medical masks for criminal intent   Please may I suggest an extra layer of foil on the tin hat?    Oh and FYI there is no class action in the UK... 
    • i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.   I dont know what to do now -   @Andyorchcan i have your thoughts too please   the hassle just makes you feel like giving in to them
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Hoist/Cohen Claimform - old Cahoot Loan 'debt'


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Hi Robinson way was the dca, hoist are the new owners apparently and hc are the solicitors. The original or was cahoot who were bought by Satan.

 

Sorry about the confusion.

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ok well ill merge the threads then

but lowells and cohen that you mention earlier are nowt to do with hoist / robbersway

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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Thanks DX,

 

I sent CPR 31.14 today Special Delivery I had to print it at a friends

 

I have requested the following pretty much the standard template.

 

1. Copy of the CCA +T&C

 

2. Default Notice

 

3. Statements

 

4. Assignment Notice and proof of service.

 

5. Termination Notice

 

 

Lets see what the postman brings.

 

Out of interest would you get in touch with the original OC to ask why the PPI wasn't refunded?

 

Thanks

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have you done AOS?

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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have you done AOS?

 

Hi dx

Yes AOS all done.

 

Defence needs to be in by the 29th of May by my calcs (26th April was issue date).

 

 

My cpr also asks for an extension in writing which they will ignore.

 

 

Thanks

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and you should never ask for!!

 

 

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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Morning all,

I just received the standard CPR reply from HC this morning.

 

We acknowledge receipt of your letter dated made under C.P.R. 31 .14 for documentation mentioned in our Particulars of Claim.

 

We are currently in the process of retrieving the documents requested.

 

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.

 

 

So no date when they expect to have the documents there's a surprise, but they will grant 14 days after I receive them. I wonder if they would try for a Summary Judgement if I miss my defence date waiting for documents????

 

Standard letter so I will stick with my date for filing a defence, which is nearly done.

 

Thanks

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Darn right Old Cogger, I find it very annoying and downright devious that their letters if followed could get you a summary judgement.

 

Thanks again

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Cant get a Summary Judgment without making application...which is only possible after a defence has been submitted.....I think you refer to a default judgment.

We could do with some help from you.

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Sorry Andy, yes that's what I meant a default judgement.

 

Meaning of ‘default judgment’

12.1 In these Rules, ‘default judgment’ means judgment without trial where a defendant –

(a) has failed to file an acknowledgment of service; or

(b) has failed to file a defence.

(Part 10 contains provisions about filing an acknowledgment of service and Part 15 contains provisions about filing a defence)

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:thumb: Just submit your defence by the specified date.

We could do with some help from you.

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Hi,

quick question about the defence i have read loads on here.

 

Generally do you make the Claimant work for everything

or for example if you think you recognise the account number

and you are maybe aware of say PPI or think an Invalid DN was received

or believe a settled account was shown in CRF would you mention those in the defence ?

 

Would it be better to mention in your defence that for example the DN was invalid?

or Mention that the OC was supposed to refund a large amount of PPI but never did?

 

or do you keep it simple and pop everything in your witness statement

 

Thanks in advance

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Everything simples as per the Legal Success Forum...you particularise in your witness statement.

We could do with some help from you.

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Right then 1st draft of defence

 

POC

 

1. This Claim is for the sum of £ 4***.00 in respect of monies owing pursuant to The consumer credit Act 1974 (CCA) under account no.

 

2. The debt was legally assigned by OC to the Claimant and notice has been served.

 

3. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87(1) CCA.

 

The Claimant claims

1. The sum of £ (less than 10k)

2. Interest pursuant to s69 of the County

Court Act 1984 at a rate of 8.00 percent

from the date to the date hereof xx days is the sum of

3. Daily interest at the rate of £ yy

4 . Costs

Defence

 

1. I MR P of SOMEWHERE am the Defendant in this action and make the following statement as my defence to the claim made by DEBT BUYER LTD.

 

2. The Defendant contends that the particulars of claim are vague and 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.

 

3. Paragraph 1 is noted I have in the past had a financial relationship with OC.

 

4. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received.

 

5. On the DATE MONTHS BEFORE CLAIM I made a legal request by way of a section 77-79 (CCA1974) to the Claimant. The Claimant has yet to comply with the request. I have also requested further information to clarify the Claimants claim by way of a CPR 31.14, again the Claimant has yet to comply.

 

Therefore the Claimant is put to strict proof to:-

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence any breach.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Thanks in advance

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you don't need your no.1.

you need to refer to their point 2

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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Right then 2nd draft of defence Thanks DX

 

Additions in green

 

POC

 

1. This Claim is for the sum of £ 4***.00 in respect of monies owing pursuant to The consumer credit Act 1974 (CCA) under account no.

 

2. The debt was legally assigned by OC to the Claimant and notice has been served.

 

3. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87(1) CCA.

 

The Claimant claims

1. The sum of £ (less than 10k)

2. Interest pursuant to s69 of the County

Court Act 1984 at a rate of 8.00 percent

from the date to the date hereof xx days is the sum of

3. Daily interest at the rate of £ yy

4 . Costs

Defence

 

 

 

1. The Defendant contends that the particulars of claim are vague and 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.

 

2. Paragraph 1 is noted. I have in the past had a financial relationship with OC, but I do not recognise this specific account number or recollect any outstanding debt. I have sought clarification from the Claimant.

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or DEBT BUYER.

 

4. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received.

 

5. On the DATE MONTHS BEFORE CLAIM I made a legal request by way of a section 77 (CCA1974) to the Claimant. The Claimant has yet to comply with the request. I have also requested further information to clarify the Claimants claim by way of a CPR 31.14, again the Claimant has yet to comply.

 

Therefore the Claimant is put to strict proof to:-

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence any breach.

 

6. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Thanks in advance

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just to revise your calcs

your filing date is by 4pm Friday 27th

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

time limits on CPR/CCA are pretty much meaningless once a claim form has been issued.

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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Thanks DX.

Would it hurt if I filed early as I may be out of the country next week?

 

File as close as to the deadline as you can, if that means on the way to the airport, so be it.

 

You dont want to give them any more time to concoct booshee than you have to

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Just realised you can save your defence on the MCOL site without submitting so its ready to be submitted.

 

On a slightly different note I found a handy site for working dates out

 

http://www.timeanddate.com/date/dateadd.html

 

You have to tweak the 33 days to file slightly to 32 but its better than counting.

 

thanks again everyone

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Not really...but considering they inflate their claims by adding sec69 into the debt claim before its judged ...then adding it to your CRA,s default seems logical...they have to balance their books..even if inflated.

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

 

 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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