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    • Yes apologies I thought it was a fixed loan as it involves a guarantee and being a business debt
    • Intrum passing account on to resolvecall and arranging home visit   Any advice 
    • 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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Past Credit Solutions three account that was cleared off - Quickest time from initial debt agency contact to they give up?


j_semple
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Hi guys. Can I say what a great site this is for dealign with debt companies like weescot for example. ;) I had to register and have a good look on here due to an issue I had with them but once I found out about administration of justice act, protection of harrassment and so forth and I quoted that to them then for now at least my troubles are over...........But will I be contacted by another company?

 

I will explain the situation. Last september I decided to join 3 mobile. Went to toe local 3 mobile shop and picked the phone/price plan I wanted. Now when I signed up in store I was given a little card with possible add on plans for my mobile. I asked should all of these be OK with my price plan on ym phone and I was told.......yep no bother. We wouldn't give you the card if it weren't. That was OK. About the middle of september time I wanted to exercise my right and change a part of my price plan. I wanted to add on a £5 unlimited internet on my phone. I phoned up and (after at least 6 attempts to speak to somebody non indian who could actually understand what I wanted in the first place) I asked about the add on and got told in no uncertain terms Nope. Just an abrupt no you can't get it added to your phone. I was quite shocked at how rude 3 mobile we're to me on the phone and I hung up and so I decided to make a complaint to the CEO'S office only to get a letter a few days later direct from their office to be told my account was closed and we want £455. I wasn't rude or anything. I decided to email instead as I wasn't phoning back due to the rudeness I had already had ad my handwriting isn't great so it would be hard for me to write a letter of complaint. I insisted I would agree a price plan......even sent at least 3 recorded letters (printed) each one of them was ignored. Just before christmas though I got a lovely letter from wescot threatning me with court action for £455.89. I said to them that I was challenging this due to many factors but to keep the peace I eventually decided to arrange some sort of £20 payment plan.....but I wanted official confirmation from them what the debt was for and wescot said they would get back to me with official letters from 3 mobile. That never materialised despite how many times I asked. Wescot then decided that they would star hounding me and hounding me with letters. Was virtually every day a different letter some for payment plans.........some with paymenty slips.......some threatning me again. I eventually got fed up with wescot and their constant letters and more or less told them that if this didn't stop I was going to the police and would threaten to sue them for continued harrassment. Eventually today though I got a email back saying that they had closed the account. I've paid £20 which means I would owe £435. Now what is likely to happen? Would 3 mobile try and pass that on to another company or whatever? Also if another collector gets involved would it be a good idea to advise them of the problems I had with the phone company in the first place and more or less say to them outright that if they start harrassing me like wescot did then I will take it further with them? Sorry if this doesn't make much sense but I am a little shaky. Nevres have been slightly rattled with all of this carry on. :)

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  • 8 months later...

I don't think CARS are the most difficult to deal with (definety a lot easier than wescot) :p I had a dispute with Hutchinson 3G (or 3 moile for short) :wink: At first they passed the debt on to wescot who hounded and hounded me but eventually (thanks to the good info I read on here) :grin: I sent them letters/emails and they passed it back to the client. 3G Oviously passed it on to CARS and I got the same original letter as OP recieved in their case but 1 letter sent (I think it was a template from here) and a little note of my own basically warning them never to phone/email/post to me again and they very quickly erased the debt. I wouldn't worry about them too much.

Edited by j_semple
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  • 2 weeks later...

In my case after I sent a letter? I NEVER heard back from them (Not that the same thing is going to apply in your case) only thing I knew was that I went to their website and entered the numbers on the letter only to be informed the debt doesn't exist on their end. You could try that (Site to pay should be on your letter) although obviously if it still exists don't pay anything and wait to they contact you again.

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  • 1 month later...

I know this is a very old bump up (lock if necessary and I do apologise) CCA Around box? Whatever did you mean tigs? X. Anyway, After Wescot went bye bye, C.A.R.S got involved (as 3G passed it on to them obviously) ;) I sent them a letter and some emails and they decided not to hound me again. Not sure if it means I will ever be totally scotfree with this but so far had 2 DCA'S on to me regarding this and I am expecting a bigger battle during 2010 with vodafone regarding something else. Witl everything I have read on here though and all templates and such? I am ready to fight everything and finish them all off once and for all. If I ever can trust me I'm donating as you guys have all helped me out this year like you all don't know.

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I think it was because they ended my contract because I confromted then as to speak as they refused to confirm that I was actually allowed the add on (even if I know I was told something very different in the store). I'm not too bothered about the debt as such but I know it may be bound to come bite me in the a**e at somepoint in the future

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You may not be bothered about the debt but you still need to know whaqt the charges are for before you agree to pay anything.

As you say it may well come back and bite you on the ass, but it will bite several times if you dont nip it in the bud now.

Get a CCA request of as soon as you can

If I have been helpful please tickle my scales or better still contribute to CAG.

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I don't think a CCA request is advisable for a mobile phone account.

 

If you want to know what charges there are then you will ned a Subject Access Request or SAR for short, this will cost you £10, send the letter with a Postal Order to the Mobile Phone Company, also don't sign the letter, print your name, also send the SAR by recorded delivery & keep the reciept as proof of post, this will give them 40 days to comply. The SAR letter can be found in the Debt Collection Library.

 

Also don't phone them, they will bully you & lie to you, just to get you to pay up, insist on everything in writing, if they phone just keep saying to them 'everything in writing', or just put the phone down.

 

Remember this a DCA has absolutely no power over you what so ever.

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  • 6 years later...

Just out of curiosity. Since initial letter/email contact from a agency (this goes for anyone and no idea if in right bit of forum so please move if need be) What's the record time that you've seen off the agency?

 

Think I broke my record today lol i.e. 4 hours

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When you say "You've seen them off", Does this mean that the DCA has handed back to the Original Creditor or closed their files on you?

 

If this is in 4 hours was this done via email?

If done over the telephone I am hoping that you have recorded the conversation?

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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When you say "You've seen them off", Does this mean that the DCA has handed back to the Original Creditor or closed their files on you?

 

If this is in 4 hours was this done via email?

If done over the telephone I am hoping that you have recorded the conversation?

 

Stigman

 

Sent it back to the original creditor (was never going to phone them) all done via email. They we're fly and asked me to confirm address details so forth. I refused so they returned

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Don't own debts so are totally powerless

 

Even less than dca,s that own debt

But they've got none any way

 

They are not bailiffs

 

What's the debt history

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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Was a three account that was cleared off (Never received any final bill from them) and the account on my credit file is also marked as closed/settled

 

 

No payments have been taken from my account since March that I know of and not once did I receive any sort of final bill

(if I did owe any money which I highly doubt likely it be in double figures only)

 

 

UNLESS only thing I can think of was it was to do with something from them years ago but worked out a 90% off with Lowell for that

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doing F&F's with a dca??

 

no wonder they are trying their luck with old debts

they mugged you once

poss be able to do it again..

 

 

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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That was years ago I was stupid enough to be fleeced

 

 

I mean that's the only possible thing I could think of but not going to chase 3 for it.

 

 

Didn't expect that email this morning tbh but once I told them I wasn't giving them any info they've gave up effectively (well returned it) 4 hours though not bad going for me ;) I await any possible next episode

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:lol:

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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  • dx100uk changed the title to Past Credit Solutions three account that was cleared off - Quickest time from initial debt agency contact to they give up?
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