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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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Advantage Finance, AEO - can this be correct £10k for nothing


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Long story short

I bought a car on finance had it for three months and life changed enough that I missed the next payment and would miss further payments.

 

I agreed to them having the car back.

the repo men turned up we had a cuppa and they went with the car no bad feeling.

 

Due to family circumstances I moved house very quickly to another town to a farm yard hard to find.

 

I stopped paying into a pension and months later thought they were still taking it to find out it was an ATE £100

 

they have taken me to court for payment including interest - almost £10,000 for nothing:-x

 

Now my stupid bit:

This has been going on for over four years

(i have had depression etc and could not fight my way out a wet paper bag)

 

I have called the court for an appeal but I had to do it within 21 days

 

I wonder if I have any way out of this .

.. i feel £10,000 for nothing is very unjust

 

Looking forward to some replys ... I already know how stupid this seems:???:

:wink: knowledge gives you strength, wishing you all good luck with your individual fight:smile:

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When was the ccj issued?

What were you ordered to pay in instalments?

 

I assume you never paid them and are now paying by way of an AoE order?

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Get an sar running to advantage

There will be all manner of penalty fees repo fess PPI warranty insurance to reclaim

And I bet they didn't tell you about vt either but just went ahead with a vs whereby you pay everything rather than 50% under vt

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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the repo men turned up we had a cuppa and they went with the cat no bad feeling.

 

Due to family circumstances I moved house very quickly to another town to a farm yard hard to find.

 

I stopped paying into a pension and months later thought they were still taking it to find out it was an ATE £100

they have taken me to court for payment including interest - almost £10,000 for nothing:-x

Did you not receive any paperwork? First it would have been a claim form, over four years ago. As you did not respond, they'd have default judgment for whatever sum they'd entered on the claim form, default judgment doesn't look at the arguments. Later on you should have received notice of an application for an attachment of earnings and an N56 form to fill in. Sounds like all this was sent to an old address, however, they must have known who your employer was for them to approach them directly and request the AoE.

Now my stupid bit:

This has been going on for over four years

(i have had depression etc and could not fight my way out a wet paper bag)

 

I have called the court for an appeal but I had to do it within 21 days

I wonder if I have any way out of this .

.. i feel £10,000 for nothing is very unjust

An appeal would only apply to a judgment issued at a hearing, i.e. if you had been present in court and lost, you could appeal, but you'd have to do it within 21 days. What you're looking for here is a set aside application rather than an appeal. A set aside applies to default judgments, i.e. when you were not aware of the judgment.

 

Although the court also takes into account the timeliness of the application, many people only find out they have a CCJ years later, for example, when they get refused for credit or check their credit files. If you didn't know about it, you couldn't have applied for set aside until you were aware of it. The one problem I can see here, is that your creditor has had an AoE running against you for four years, and it would be very hard to convince the court you were not aware of it, nor did you make enquiries about it all these years.

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When was the ccj issued?

What were you ordered to pay in instalments?

 

I assume you never paid them and are now paying by way of an AoE order?

It sounds like a default judgment the OP was never aware of, they are not exactly unheard of and they are usually forthwith. If the OP was not aware of the judgment, he wouldn't have applied for a redetermination, nor made any payments.

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get that sar running today.

 

we've seen before that advantage make numerous convenient mistakes

like they already knew the defendants real address but filed to an old address .

 

devil is always in the detail with advantage

they always slip up

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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get that sar running today.

we've seen before that advantage make numerous convenient mistakes

like they already knew the defendants real address but filed to an old address .

devil is always in the detail with advantage

they always slip up

The OP will still have to apply for set aside and explain why he didn't do anything about it in four years, when he had an AoE running all that time.

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The OP will still have to apply for set aside and explain why he didn't do anything about it in four years, when he had an AoE running all that time.

 

There isnt anything stating that the ccj was 4 yrs ago, rather that it all began 4 yrs ago, hence the reason for asking questions before giving advice.

Im not suggesting that the advice is wrong, more that as yet, there isnt enough info to give correct advice, still waiting gor the OP to come back.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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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There isnt anything stating that the ccj was 4 yrs ago, rather that it all began 4 yrs ago, hence the reason for asking questions before giving advice.

Im not suggesting that the advice is wrong, more that as yet, there isnt enough info to give correct advice, still waiting gor the OP to come back.

It's not advice, just suggestions regarding possible courses of action. Forums are not really for advice as such, we don't even know the full OP's circumstances.

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It's not advice, just suggestions regarding possible courses of action. Forums are not really for advice as such, we don't even know the full OP's circumstances.

 

:???: What is this forum for then Laura ?

 

And you cant apply for a redetermination on a forthwith judgment...its an application to vary (n245)

 

Regards

 

Andy

We could do with some help from you.

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

 

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:???: What is this forum for then Laura ?

Forums are for suggestions, ideas and sharing experiences and info. Advice as such is best left to those who are authorised and/or qualified to give it, and who also have full knowledge of the circumstances of those they're advising, have seen all the relevant paperwork, etc. which we haven't

And you cant apply for a redetermination on a forthwith judgment...its an application to vary (n245)

You can apply for redetermination within 14 days and there is no fee to pay, after that, you have to do the N245 and pay a £50 fee.

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Not on a forthwith Judgment....

 

 

Right of re-determination

 

14.13

 

(1) Where –

(a) a court officer has determined the time and rate of payment under rule 14.11; or

 

(b) a judge has determined the time and rate of payment under rule 14.12 without a hearing,

either party may apply for the decision to be re-determined by a judge.

 

(2) An application for re-determination must be made within 14 days after service of the determination on the applicant.

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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They took me to court in 2012

 

Portsmouth Court

 

No I didnt pay as circumstances changed and couldn't pay.

which is why I gave them the car back

 

The car was £4500

 

I thought they would sell ir for about £2500 (cheap)

 

and I would need to pay the rest about £1500

 

but its nearly £10k

 

you are correct they did send things to my old address

 

the fact that I had depression stopped me doing anything except what i needed to do to live.

 

I have also been trying to do something about this for 18 months now but keep coming up against the 21 day appeal :-(

:wink: knowledge gives you strength, wishing you all good luck with your individual fight:smile:

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what paperwork do you still have S&H anything?

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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Starting the SAR now

 

will get it posted tomorrow. Do I do this then the set aside?

 

Thank you to everyone who has commented :-)

 

I have some as a friend got me some things I'd left and a load of letters from the house I moved out of and put it in storage for me.

 

 

I left it there for about two years when I had room for the stuff I'd left.

That is when I started to see all this about the court etc.

 

I just gave in and accepted that I had to pay ... the court said so.

 

Then I had a light bulb moment and thought I can't pay out £10,000 for nothing and started to try and do something but everyone always says you too late to appeal.

 

Now thankfully I found this web site and how much you cover

 

what paperwork do you still have S&H anything?

 

what do you think I need?

I might have it

 

I will find the paperwork I have and send off the SAR tomorrow

 

I am working so won't be able to get back on until about 8.30 pm

 

 

Thank you all

:wink: knowledge gives you strength, wishing you all good luck with your individual fight:smile:

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Wait

Till you have the SAR info back before doing anything else.

 

When did the AoE begin, how long have you been having deductions from your wage?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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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i'd let things settle for now and get everything you can together

 

 

as the CCJ was 2012 it might be a tall order to get it set aside

however, you might well find enough to reclaim to offset the amount owed

or find mistakes that null the outstanding balance

but that's a way down the road yet.

 

 

are you actually paying anything at present?

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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£100 per month comes out my wage every month

it went to court on 12/09/12

So I have paid quite a lot

 

Wait

Till you have the SAR info back before doing anything else.

 

When did the AoE begin, how long have you been having deductions from your wage?

 

it went to court on 12/09/12 £100 per month

:wink: knowledge gives you strength, wishing you all good luck with your individual fight:smile:

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so about £5k in total

don't worry

if yo've over paid

we'll get that back too

one step at a time.

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

Starting the SAR now

 

will get it posted tomorrow. Do I do this then the set aside?

 

Thank you to everyone who has commented :-)

 

I have some as a friend got me some things I'd left and a load of letters from the house I moved out of and put it in storage for me.

 

 

I left it there for about two years when I had room for the stuff I'd left.

 

 

 

 

what do you think I need?

I might have it

 

I will find the paperwork I have and send off the SAR tomorrow

 

I am working so won't be able to get back on until about 8.30 pm

 

 

Thank you all

A copy of the original agreement would be very useful

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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So

All printed signed posted also sent registered post can be tracked. Sent past addresses and proof of current address. oh yeh and £10 postal order

 

 

Thank you again everyone :-)

:wink: knowledge gives you strength, wishing you all good luck with your individual fight:smile:

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  • 4 weeks later...

Hello again everyone

I have received a CD rom with all the letters and credit searches Advantage done on me.

 

Now I don't know what to do with it :???:

 

Please can you still help me

 

Thank you in advance

:wink: knowledge gives you strength, wishing you all good luck with your individual fight:smile:

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We need to see the original agreement and all the statements and any court stuff

Follow the upload

 

Do it to one multipage document then PDF that

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 moved a few times since this so didn't remove my address

 

 

not very good at this sort of thing :???::???:

Should I just sent it all? :

1 A42918 C48686 Notice - Default sum.pdf

shoreham report.pdf

A42918 nccheck.pdf

A42918 C48686 Notice - Default sum.pdf

2 A42918 C48686 Notice - Default sum.pdf

:wink: knowledge gives you strength, wishing you all good luck with your individual fight:smile:

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You need to redact things

Attachments hidden

Put them all in one multipage document

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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