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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         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.     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.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   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;   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 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  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.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Hillesden/mortimer claimform - Black horse loan Stat barred 13 year old debt- help please


sarah0906
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And what will they do if you dont reply within 14 days Sarah ? :-)

 

It says

You have alleged that the claim is statue barred. Section 5 of the limitation act etc etc.

 

We are instructed that on this case that the cause of action accrued when the agreement was terminated on 10/09/2010 therefore proceedings were issued within the 6 year period.

 

Ifyou disagree please set out the precise legal basis giving the date which you believe the debt is statue barred.

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Well you have already submitted a defence which states its statute barred...if they think differently...let them proceed with the claim and you can particularise when and how in your witness statement at a later stage in the process...the court set the dates not these numpties...ignore.

 

Andy

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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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But I no longer have proof of when the last payment was but I think it would have been 2008. I will just ignore them then and see if the court responds in the mean time.

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you filed the SB defence

its for them to prove its not SB'd

not for you prove it is.

 

 

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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They have to prove when and where the payment was made, how it was paid, how much was paid, and also that YOU paid it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Sarah I got the same reply, word for word except dates. Do not worry you are almost certainly going to win this one.

 

If you want to know when your last payment was made then order statements. I paid around £6 for two years worth with my building society. Mortimer Clarke even told me when it was made as they don't care when it was according to their new laws.

 

*It is still worth your time to know when your last payment was made as the SB defence will just fail if it HAS been less than six years.*

 

Mortimer Clarke should be reported en mass. I confirmed with DLC, and DLC agreed that the cessation of contract is not a pointer for the SB beginning to tick it is either

 

1) No payment in six years

2) No admittance in writing in six years.

 

They are offering you a massive discount, that should be enough to tell you they are trying it on.

 

COMPLAIN to DLC, request a copy of the original agreement but word it as a complaint, my bet is they will uphold your complaint and cease collection.

 

Do this in writing under a CCA agreement and send a postal order for £1. I sent mine on a Friday and got a letter back Wednesday apologising. Note that the £1 is for the request and not a payment off the alleged debt.

 

MC are under massive pressure to get a turnaround for these unenforceable debts. Do not bother with them as they will say anything, and communicate in writing with DLC and make it a complaint only.

 

(DLC is the trading name of Hillesden)

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MC are under massive pressure to get a turnaround for these unenforceable debts

 

 

interesting comment....

 

 

anymore known.

 

 

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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I have (and I do not recommend everyone does this) made multiple recorded phone calls to Mortimer Clarke. Never have I spoken to so many incompetent people all singing the same line.

 

The limitation act is triggered by (the latest event)

 

1) No payment in six years

2) TERMINATION of contract

3) No acceptance of debt in six years.

 

They have all been briefed with this falsehood, every single agent I spoke to. I got a callback from a 'lawyer' at Mortimer Clarke and they also confirmed that my alleged debt was not SB.

 

Any company that knowingly takes legal action on a SB debt is acting vexatiously and can possibly face problems being legally called a vexatious litigant. Any company that risks this so blatantly is under massive pressure. Especially one that relies on courts (ESPECIALLY bulk centres!)

 

DLC dropped my case and is currently investigating complaints, mine included, that MC are acting in this way. That's because MC blame (on record) that they are only following DLCs orders). I do not believe this.

 

I encourage you all make complaints.

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amazing

though ofcourse it will prob be very profitable for them

 

 

we see less the 0.1% of claims here

 

 

just think of the 1000's ofclaim that this lot has issued on old Blackhorse loans

 

 

I believe most of then are to do with car finance

and most are to do with carcraft?

 

 

as that lot went down the pan hole

some got ahold of all the data .

 

 

and pumped it into a computer.

 

 

even if 1 in 50 either don't respond or cough up.

that's a potential few grand per claim to their pocket

 

 

will easily outweigh any fine they might ever get.

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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Exactly.

We will see very few cases here from the exact amount issued.

 

 

Most of these claims will win via default if the alleged debtor does not defend and most won't. And that included all stat barred debts.

 

That's why it is very important that the few who do come here, and I was one of them, make an official complaint.

 

 

In my case to DLC.

They will not confirm in writing that the debt is not SB if it is.

They will not proceed once you have informed the court and DLC it is.

 

So fight :)

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Exactly. We will see very few cases here from the exact amount issued. Most of these claims will win via default if the alleged debtor does not defend and most won't. And that included all stat barred debts.

 

That's why it is very important that the few who do come here, and I was one of them, make an official complaint. In my case to DLC. They will not confirm in writing that the debt is not SB if it is. They will not proceed once you have informed the court and DLC it is.

 

So fight :)

 

I definitely haven't made a payment or contact in six years. I don't think I will be able to get bank statements as it was with another bank and that account closed years ago. Sorry I'm not very good at this! So I should write a letter of complaint to hillsden ? Do you have a template letter you sent that I can adjust using my details obviously.

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No point in writing a complaint . it will be ignored. If you are sure its SB, just ignore everything but a claim form, then come here and we can blow them out of the water.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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this is a claimform...:lol:

 

 

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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I realised when i posted but couldnt edit haha. I was getting mixed up with another thread. I have my 'special' moments :o :)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ignore...dont send any letters.

We could do with some help from you.

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Sorry guys. I disagree (quite strongly). I have had two of these baseless court orders thrown my way and I wrote to both parties who owned the alleged debts and they found in my favour of course and both have issued me with recompense. You can ignore the claim and hope they pull out or you can write to them now and sort it.

 

I'm curious. Why wouldn't you file a complaint and then go to the ombudsman which gets recorded against them? We moan that dcas work this way but then do nothing about it.

 

Sarah. Write to DLC if you are SURE it is barred and complain that it has gone this far and ask for £100 compensation for your distress, you'll be surprised how bad they will want your complaint to go away. Complaining by letter does not mean you admit any liability and if it is stat barred it can't be unbarred anyway.

 

You can leave it but it'll probably be placed on hold forever in the court system and I would rather be sorted now with a complaint upheld against the dcas.

 

Mortimer Clarke won't do anything as they use the nuremburg defence but DLC will act.

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Floydian, it is my understanding that a claim has been issued on this Statute Barred debt and that Sarah has submitted the statute barred defence - in which case there is now no requirement for her to contact the claimant at all ?

 

Of course she can if she wishes in order to attempt to make a claim for some compensation.

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Floydian, it is my understanding that a claim has been issued on this Statute Barred debt and that Sarah has submitted the statute barred defence - in which case there is now no requirement for her to contact the claimant at all ?

 

Of course she can if she wishes in order to attempt to make a claim for some compensation.

 

Thats roughly it but also the claim shouldn't have gone to court in the first place which is why I add a complaint. The more people complain then a bigger picture is given to the FCA.

 

Dcas are trying it on. This should stop them (in the long run).

 

I also find it speeds them up somewhat and stops the claim bring stayed indefinitely

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Dont get involved in letter tennis sarah..its counter productive will achieve nothing and will distract you from dealing with the claim.

 

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Dont get involved in letter tennis sarah..its counter productive will achieve nothing and will distract you from dealing with the claim.

 

Andy

 

But it didn't achieve me nothing did it Andy? Mine is sorted.

 

If my advice is not required, delete it but it's worked for me twice with both cases discontinued before dates are arranged.

 

No wonder this happens on mass when complaints are not filed.

 

Andy while I respect your advice if it is 100% stat barred she should inform the original debt purchaser, DLC. They might not even know what MC are pulling here. They are currently investigating them via my complaint.

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Floydian we deal with 1000s of claims on CAG...a lot statute barred...we have a tried and tested process in dealing with them.I accept that you have had 2 claims and dealt with them successfully..in your own way...but we have also had great success in getting statute barred claim dismissed or discontinued without the need of even contacting the claimant.

 

I dont know with particular detail what stage you got to in your claims...but we achieve the same result without the need of ever contacting the claimant or informing the relevant financial bodies.

 

If you feel content that what you did in your particular cases...then so be it..and I wish you every success in what you are trying to achieve but every claim every claimant deals with the process slightly different and their approach varies enormously.

 

Statute barred debts will continue to be chased and even tried to be enforced..and with the greatest respect no mater how many complaints are made..I fear that it will never have any effect on the world of assignments and trying to pass off statute barred debts through the courts.

 

Your advice is most welcome but its not a case of one size fits all...unfortunately.

 

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

 

 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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Post 15

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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