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    • The points are that you believe that a person or court hearing a Statutory Declaration has the option of rejecting it if he or they believe it is untrue. You must presumably believe that the person or court has a duty to question (perhaps more properly, cross-examine) the person making the declaration. You started by saying this about the declaration as a whole then went on to concentrate on the 21 day rule. I asked you to let us know how you have arrived at that conclusion. In particular I asked why you had provided specific advice to the OP in the original thread (a) that she was likely to be questioned about whether she really did not know of the proceedings at all and (b) if she did not know at all, that she was likely to be questioned about whether she really found out less that 21 days before she makes her SD. I suggested it was unwise to warn the OP of something which would not happen. As far as I can recall you suggested that S14 of the MCA provides for SDs to be rejected if they are not satisfied as to its truth and I asked you to show me where the legislation is that provides for this (because it's certainly not in S14).   The position is that a Statutory Declaration must be heard if made within 21 days of the defendant finding out about the conviction and it will be accepted unchallenged. If it is made outside 21 days the defendant states why as part of the declaration. If the court agrees that the reason it was late (as stated by the defendant and without challenge) is acceptable it will hear the Declaration and once it is heard it will be accepted without question. For the final time, the making of a Statutory Declaration is not a court hearing and apart from being satisfied, in the case of a late declaration being made, that the reason (as stated by the defendant) is acceptable, those hearing it have no discretion but to hear it and sign it to say they have done so. No orders are made; no decisions are made; no discretion is available (apart from the 21 day matter I mentioned).   To emphasise the difficulty your misleading information has caused, the latest post from the OP on the original thread says this (when considering her court appearance on Wednesday):   I am hopeful that they will accept that I knew nothing of the earlier proceedings...   She should not have no worry about that because the court has no option but to accept her declaration that she knew nothing of the proceedings. However, because of your advice she has. I am, once again, about to allay her fears on that score and it would be useful if you didn't tell her otherwise.    
    • So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford?  Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 
    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 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?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
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Good Evening,

 

I have been on a DMP for over 10 years.

 

Total debts still exceed 40k with most that were credit card debts

(from the mid to late nineties)

 

now with various DCA's such a RW, Westcott, Caboot et al.

 

RW have recently started to get more proactive in trying to get me to increase payments and I am seriously doubting the point of continuing to pay.

 

I have been reading about "cash cowing" and requesting CCA's for the debts,

 

any reason that I should not be encouraged to do down this route?

Thanks.

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none

the penny has finally dropped.......

 

and you've realised that all you've been doing is lining their pockets for 10yrs to fund expensive holidays and mass parties everytime you pay them.

 

if everyone stopped paying the dca's tomorrow

 

the whole industry would collapse overnight.

 

you know the next bit.........

 

list your debts

 

who you now pay

when you took the debt out

who was the original creditor

what type of credit was it

what is the defaulted date

 

mooooooooo

 

dx


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Thanks for your reply. All debts are credit cards except the one held by PRA, not sure of the exact date they where taken out, but most would be mid to late nineties with nothing later than 2003.

 

Here goes;

 

Barclaycard Visa £7000 (Cabot)

Barclaycard Mastercard £4500 (Cabot)

RBS Mint £6500 (Westcot)

Tesco £6000( RW)

Lloyds £4000 (RW)

Direct Line £3200 (Westcot)

Inactive Creditor £2780 (Westcot)

Compucredit (Monument) £2000 NCO Arrow Capquest

Capital One £1800

First National Tricity Finance £370 (PRA Group)

 

All given to me at the time on a salary of less than £20K!!

 

Thanks.

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CCA request to every one of 'em !!

 

 

whos the DMP with

please don't tell me its fee paying one..........


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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well atleast that didn't cash cow you then.

 

 

direct line is that a loan?

 

 

oh by the way

no point in sending any CCA requests to wetcloths

send them to their 'client' named on their letters.


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Quick update. The only response in two weeks has been from RW offering me a 50% discount. No acknowledgments from anybody of my CCA request.

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50% discount

pay us something please before we admit we've no enforceable paperwork..

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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The CAG Interest Tutorial Read Here

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Quick update have received a phone call from 1DCA informing me that they wont be able to provide documentation for 1 of the loans I have with them but they are sending an enforcable CCA for the other.

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dave...stay off the phone

a dca is not a bailiff

you are under no legal obl to talk about your debts on the phone or at your door


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Ok, thanks. Any view on what my approach should be if they provide one enforceable CCA? Could I pay one debt and ignore the other? Both these debts would have originated in the mid to late 90s.

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you start a new thread on it and we look at the return...1990's fat chance!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Chances are, pretty much all your debts are unenforceable. Now theyre panicking because theyve lost a major cash cow.


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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you start a new thread on it and we look at the return...1990's fat chance!!

 

What should I do, a new thread under each of the original debt owners i.e. Barclays etc?

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Yep perfect

Theres a forum for each of the main bank off the top left main forum tab

Stat a new thread

Tell us the story refer to this thread if you need to

Scan the CCA return to one pdf


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I have checked my credit report today.

 

 

The only debt showing is against a Lloyds CC currently been managed by Westcots.

It is showing defaulted against every month.

 

 

Is there anything to be gained by paying the £10 for a SAR for my CC debts?

 

 

Where relevant I have previously claimed PPI but have never looked at charges,

with the age of the debts meaning the last activity on many was no later than around 2004

am I right in thinking that I cannot claim any charges from that far back?

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it can be difficult without issuing court claims


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Quick update. Only one positive response from PRA Group who have stated that the debt is not enforcable. Guess everybody else still searching for the CCA's.

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one debt removed from the milking parlour..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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