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    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. 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.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   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 alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
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listenmint

Next cat debt showing twice on credit file

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I've got a situation with an old debt that is now effectively on my credit report twice.

 

The original debt was £50.

 

The DCA have increased it to £200.

 

But the weird thing is that there are two entries on my credit file for the same debt. One marked as closed and one open.

 

Is there anything I can do about this as it kinda looks to any new creditors like the 2nd entry is a 'new' debt, which it isn't.

 

The DCA is shown as "Debt Managers".

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Thread moved to the appropriate forum.

 

Please continue to post here to your thread.

 

 

Regards

 

Andy


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As long as the defaulted dates are the same its not hurting you

 

What the debt all about?


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Hi

Im so sorry to tag onto the end of this forum but I do not know where to write. I have a credit report issue. I swapped mobile phones and missed a final payment which is now cleared but has hurt my credit report and a subseuquent mortgage application. Could you possibly redirect me to the right forum?

 

Thanks in advance and apologies again

Seachan1

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start a new thread


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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As long as the defaulted dates are the same its not hurting you

 

What the debt all about?

 

I suppose, yeah. Just not seen it done before with any other accounts.

 

EDIT: It's an old Next catalogue account.

 

If I settled this with them, considering it's over 3 years old and DCA fees make up most of the debt, what are the chances of the DCA removing the default(s) from my file? Any letters I can use?

Edited by listenmint

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If I settled this with them, considering it's over 3 years old and DCA fees make up most of the debt, what are the chances of the DCA removing the default(s) from my file?

 

About as much chance of you winning the national lottery each week for the next month.

 

There is absolutely NO chance of this being removed, whether you pay up or not, this WILL auto drop off your credit file on its sixth birthday.

 

DCA's CAN'T add fees, there is no legal remit to do so and are unlawful penalty fees..

 

What have DM been sending you?

 

What is the debt? Mobile phone? Overdraft? Loan??????????????????


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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About as much chance of you winning the national lottery each week for the next month.

 

There is absolutely NO chance of this being removed, whether you pay up or not, this WILL auto drop off your credit file on its sixth birthday.

 

DCA's CAN'T add fees, there is no legal remit to do so and are unlawful penalty fees..

 

What have DM been sending you?

 

What is the debt? Mobile phone? Overdraft? Loan??????????????????

 

Hmm, don't like those odds.

 

It's a Next catalogue account.

 

Does the DCA apply the default or the original creditor?

 

All I know is that the amount owed before being passed to the DCA was around £50. Now it's shot up to £200!

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They've been sending emails....asking for contact to be made and then recently something about a 'legal assessment'....

 

There was no contact before but it just started out of the blue late last year.

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The OC applies the default, the DCA can ONLY update it.

 

So Next will have defaulted you and applied the credit mark, when did you take the cat out??

 

The odds are in YOUR favour, there is zero point in throwing money at it, just to try and improve your CRF, you won't, it's there for 6 years regardless.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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They've been sending emails....asking for contact to be made and then recently something about a 'legal assessment'....

 

There was no contact before but it just started out of the blue late last year.

 

Ignore emails AND any attempt to contact you by phone, if they do ring, laugh and hang up.

 

Deal with them in writing ONLY.

 

Wait for them to send you a begging letter, and pop back here and tell us what they say.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Okay thanks. It's just I had heard a few success stories of defaults being removed.

 

I'd be interested to know what the additional debt that has been added on top is - any ideas?

 

Took the cat out in 2009...

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no the DCA would not have added anything.

next would have done that before the sale

as they would have defaulted the debt too

 

 

and sadly no theres no way to remove the default

paying it wont resolve the issue either.

 

 

have you sent next an sar to get all the statements.

 

 

if you can PROVE the debt is all penalty charges then once reclaimed

it would prove the default notice was faulty

and that might resolve the issue

 

 

dx


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

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Hang on - just found a document from them from last year, which is maybe why they started chasing:

 

We are attempting to contact the above named person and our recent investigations have resulted in your details being obtained from a credit reference agency. Your address has been provided by them due to a link with the data we hold, as a possible new address for the person we are wishing to contact.

 

To verify that you are the person we are wishing to contact, or if you believe you are not the subject, please contact us urgently on 01709 537 265 so that our records can be updated appropriately.

 

If we do not receive a response to this letter within 7 days, we will assume the link is correct and further communication will be made.

 

 

I even wrote to Next when I was made redundant and offered a token payment and to stop interest, but it looks like they ignored that completely.

 

no the DCA would not have added anything.

next would have done that before the sale

as they would have defaulted the debt too

 

and sadly no theres no way to remove the default

paying it wont resolve the issue either.

 

have you sent next an sar to get all the statements.

 

if you can PROVE the debt is all penalty charges then once reclaimed

it would prove the default notice was faulty

and that might resolve the issue

 

dx

 

Sorry missed your bit about account statements.

 

How would I go about doing this?

 

 

 

 

I don't want to restart the 'statute barred clock'.

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as I already said - send next an sar

no it doesn't reset SB


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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Once I can prove with statements that over 60% of the alleged debt is charges and I didn't receive a default notice, what would you recommend for next steps?

 

Have you ever heard of a DCA transferring a debt back to the OC?

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Once I can prove with statements that over 60% of the alleged debt is charges and I didn't receive a default notice, what would you recommend for next steps? Nothing unless they issue a court claim.

 

Have you ever heard of a DCA transferring a debt back to the OC?

yes

 

Regards

 

Andy


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Thanks Andy!

 

Just to confirm, were they cases where the debt had been sold or just passed to an in-house collection agency?

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No ..the debt had actually been assigned and then returned to the OC


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No ..the debt had actually been assigned and then returned to the OC

I've had this as well - how does it actually work in terms of what the purchaser paid for the debt - do they get their money back ?

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I've had this as well - how does it actually work in terms of what the purchaser paid for the debt - do they get their money back ?

 

Who really cares?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I've had this as well - how does it actually work in terms of what the purchaser paid for the debt - do they get their money back ?

 

Depends on the type of assignment.


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

 

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