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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made.   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.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Acenden repossession court order


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all your associated threads have been merged....

 

 

how many more times are these wolves going to try this!!

 

 

how did you get on with the reclaiming of fees and arrears fees?

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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all your associated threads have been merged....

 

 

how many more times are these wolves going to try this!!

 

 

how did you get on with the reclaiming of fees and arrears fees?

 

Thank you dx. Didn't have a clue where my old threads were. I didn't proceed it and I actually got a letter from them telling me they owed me money but took it off my arrears

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Hi, as this is a repossession hearing not an eviction hearing, you just need to hand in a statement together with a copy of the letter accepting your offer. If you need help with the statement let me know.

 

 

Might be worth ringing the lender to see if they have cancelled ?

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Thank you dx. Didn't have a clue where my old threads were. I didn't proceed it and I actually got a letter from them telling me they owed me money but took it off my arrears

 

 

when this latest repo done

pull my chain and well get things moving.

if you've not sent an sar since 2011

and not been getting statements

might be an idea to send a new one..

we'll need all the statements for both the loan and the mortgage.

 

 

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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Share on other sites
Hi, as this is a repossession hearing not an eviction hearing, you just need to hand in a statement together with a copy of the letter accepting your offer. If you need help with the statement let me know.

 

 

Might be worth ringing the lender to see if they have cancelled ?

 

 

I went on page 13 and copied that statement. I was going to adjust some words.

I got a form from the courts in the post. Telling me to fill it in and not ignore it. Do I fill this in also.

 

How much is the n244 form to he handed into court. I can't find the costs

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You don't need an N244 that is only for eviction situations. The court will have sent you an N11 M defence form? You can fill it in you want but it's a pointless exercise if the lender has already written to you to say they have accepted your offer. I would suggest taking a statement to the court next week stating that you have come to an arrangement with the lender and therefore a hearing is a waste of the court's time.

 

 

Have you rung the lender to see if they have cancelled ? best to do that - you might not have to worry about attending a hearing.............

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You don't need an N244 that is only for eviction situations. The court will have sent you an N11 M defence form? You can fill it in you want but it's a pointless exercise if the lender has already written to you to say they have accepted your offer. I would suggest taking a statement to the court next week stating that you have come to an arrangement with the lender and therefore a hearing is a waste of the court's time.

 

 

Have you rung the lender to see if they have cancelled ? best to do that - you might not have to worry about attending a hearing.............

 

I'm at work at the moment. I will ring tomorrow

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  • 2 weeks later...

Ring the courts to check - they have been known to 'forget' to tell the court. Also when you ask them for a statement remind them NOT to add the solicitors charges and fees for this date too.

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  • 5 months later...

Hi all. Yes I am having problems.

 

I have had a field agent from excel to my house. Buy have missed him as I have been at work.

They've asked me to ring them about my payments to acenden.

I come to an agreement with acenden to pay an extra £75.00 per month on my arrears and they accepted. I did receive a letter to say that a field agent was coming out. But never thought anything of it. As I have been paying them every month since April.

There was one month I did miss but I the missed payment the month after. And I did inform them of this via online enquiry form.

I need to ring the field agent today before he passes back to acenden and they decide to take it to court.

 

I'm just after a bit of advice please. Thanks

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They will now try to charge you for the field agent's visit and they are supposed to let you know that they are sending one - they can't just turn up unannounced. As you are up to date with your agreement you don't need a visit and you need to write to them advising that you did not ask for the visit, nor did you need it, so you don't expect to be charged for it. Also point out that your agreement is up to date.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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have you reclaimed yet all the unlawful fees arrears visits letter phone calls falled dd.

 

 

???

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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Share on other sites
They will now try to charge you for the field agent's visit and they are supposed to let you know that they are sending one - they can't just turn up unannounced. As you are up to date with your agreement you don't need a visit and you need to write to them advising that you did not ask for the visit, nor did you need it, so you don't expect to be charged for it. Also point out that your agreement is up to date.

 

I did get a letter telling me an agent will be out. But thought nothing of it as I am upto date with my payments. Do I call the agent or send a letter to acenden.

Can you help me with a letter. I know your are good with your words ell-en

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Look at ells recent posts she did one not 10 days ago here

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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never ever ring these people

they are out to fleece you

there are no laws whatsoever that state you must talk to anyone

least of these people

you'll make them feel important they are not!!

 

 

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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reclaiming is your first priority IMHO.

 

 

get am SAR running NOW

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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Here's a suggested letter

 

 

(Your address at top right)

 

(Their address left)

 

Date

 

mortgagelink3.gif Account No:

 

Dear Sirs,

 

COMPLAINT

 

On (date) we had a visit at our home from a gentlemen claiming to be there at your request to ascertain our financial situation. This gave us quite a shock as we had at no time requested or agreed to such a visit. You have had all the relevant financial information from us already - payments are up to date in accordance with the court order and we can see no reason for this unwanted intrusion.

 

Therefore, please treat this letter as a complaint under your official complaints procedure.

 

Given that we had no opportunity to either agree or refuse this unwanted and unnecessary service we do not expect to be charged for it.

 

Yours faithfully,

  • Haha 1

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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there you go get that running^^^

1st class free proof of posting will do.

 

 

now reclaiming...

 

 

every month you are in arrears I bet you have an arrears charge of £35-£40 levied?

got any statements?

PENALTY charges...ie they FINE you for doing something or not doing something

{sending you a letter, making a phone call, sending a debt collector/advisor]

they will fine you

these charges and fines are ALL RECLAIMABLE!!

and at their interest rate.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

 

...................

 

 

as for arrows..no they cant send it back

its been SOLD to them

that's why something here smells BADLY.

 

 

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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