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    • thank you. Under the Consumer Rights Act you are entitled to have a vehicle of satisfactory quality.   If a defect appears within the first 6 months of ownership which means that the car is not satisfactory then you are required to give the dealer a single opportunity to repair or else refund you.   So the question is what condition would a car of that make model, age and mileage and price be in.   I think the best way forward is to raise the issue with the dealer but also start to make your own researches as to whether the rust damage to this vehicle is beyond what would be expected of a vehicle of that character and in those circumstances.   When you have discovered. then come back here.   Additionally, you haven't told us the cost of the vehicle. that would be helpful to know because it will affect the quality of vehicle that you would reasonably expect.   Also I asked you the name of the dealer and you haven't told us. Are you trying to protect them?                
    • Thank you Slick132. I don't have in writing how long the actual works themselves would take but believe they said it was two weeks.   I spoke with CAB earlier today and they've said I can cancel this order as the company are already in breach of the terms, plus catching them out re the manufacturer's and the buildings regs she said to put in writing that I was cancelling and mention breach of consumer protection, unfair trading regulations and the fact that they are wilfully misleading me.   She said the credit card company will handle the refund as I hoped. I don't want them working for me in any way shape or form now.
    • Hi thanks for replying, The car was registered in 2009 ½, as I said a 59 plate. Mileage, when I got it it had circa 45K miles, it now has circa 72K miles. I have had it for 3 years almost to the month. I got it from a dealership in Loughborough, on the selling point that it was low mileage and was dealership serviced. Shortly after my return home to Southampton, I took it into my local dealership for a once over, part of which entailed one of their mechanics sitting with me while I drove around locally. I wanted them to take over looking after the car for me. Hope this helps?
    • just remember a DCA is NOT A BAILIFF and have ZERO   legal powers on any debt no matter what it's type.
    • Hi.   You've posted in the self-employment forum although as I understand it you can only be made redundant as an employee.   I've moved your thread to the Employment forum, people should be along to advise later.   HB
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      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
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1st Credit/Leicester Aldridge Claimform - old HBOS Loan debt


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My other half is being taken to court by these guys for an unpaid loan from the bank of Scotland the sum is £1680 plus Intrest .

 

Now he's never had a loan with bank of Scotland.

But has with Halifax which I believe is all one group now ? .

 

I'm unsure whether to admit the loan or defend .

 

Think the loan company who have it now is central credit .

 

Should I ask them for the original loan agreement or would they have to have this in order to take him to court ?

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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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  • 2 weeks later...

Hi I've read the info and also spoken to Leicester Aldridge .

 

I've requested that they send me the signed loan agreement in question as I have no recollection of any such debt .

 

They agreed to this and said will suspend /stop any judgement until such information is RECEIVED .

 

So I presume from what I've read I say I want to defend ?

 

It's a bit of a grey area to me as Im not sure .

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sorry you shouldn't be ringing anyone.

let alone the claimant

 

can you fill that link out please

 

post 2

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

Claimant name 1st Credit Finance Reigate surrey

 

Date of issue 16th March 2017

 

Claim is for

1.The Claimant is the asignee of a Bank of Scotland plc Debt in the sum of 1647.88 assigned on the 21/11/2014 Statutory notices of assignment were sent to the defendant.

2.The Debt is a Loan account first opened by the original creditor on or about the 28/08/2003 under reference **** the defendant used the credit facilities .

 

3.On the 05/03/2008 the account defaulted with an outstanding balance of £2591.82.

4.The claimant and its predecessors in title demanded payment of the sum due , In breach of the contract the Defendant failed to repay the sums due .

 

5.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from 05/12/2014-16/03/2017 on £1647.88 and also interest at the same rate up to the date of judgment or earlier payment ata a daily rate of £0.36

 

I have recieved some notiducations of account and cannot remeber if i got the asignee change letter ?

 

I have had no loans with bank of scotland but have with halifax and maybe this could be the same one ?

 

I have had no letter or proof of the loan sent to me and have asked for the original document

Ist credit did not have this and have sent for it i believe

 

I think i did pay on this acoount previously but cnnnot find the paperwork as to when i last paid or who with

 

by my reckoning i think im too late to send a defence ?

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def not due to 17th.

 

have you ack'd [AOS] the claim on mcol website?

 

and done CCA /CPR

 

go ring BOS and ask last payment date

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

DOubtful theyll have the CCA either. ALso ignore their silly speech about stopping action over the phone. They want a judgement by default.

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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def not due to 17th.

 

have you ack'd [AOS] the claim on mcol website?

 

and done CCA /CPR

j

No but will do it today if I can

 

go ring BOS and ask last payment date

 

Ok I will ring them but it didn't have a loan with bank of Scotland

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well its HBOS, Halifax and bank of scotland.

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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  • 2 weeks later...

not due till 17th

have you rung Halifax and asked last payment date

use the account number the fleecers quote in their poc

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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Hi

I've tried Halifax and got no joy as its not my account and my oh isn't here they need to speak to him . He's back Tuesday .

 

Bank holiday weekend and need on submit defence by tommorrow ?

 

Are there any special extensions for bank holidays ?

Eg this is due Monday bank holiday ?

 

my defence would only be at this point they have not provided me with any proof of debt ?

Can I use this then add to it ?

Please let me know thanks in advance

 

I'm sure there's been no payment to Halifax for approx five years ?

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you've had since the 4th of april to do this its now the 16th

this is a court claim you seriously need to have been already dealing with this and not leaving it till the last minute

it wouldn't hurt to file a day late.

 

so find out ASAP if there has been any payment within 6yrs from the date of the claimform

 

if that's true then filing our SB dfence will kill the claim dead.

 

in the mean time

use our search CAG box of the top red toolbar and read like threads to find the holding/no paperwork defence.

 

claimform loan

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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anyone

 

no such company as central credit

who were you paying?

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

so you paid them?

 

expand the history of what you know

payment to anyone within the last 6yrs ???

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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Post it up here 1st

 

Due today by 4 pm!!

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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heres an OD defence for the same POClink3.gif as your s

just needs a few ammendments to your details.

 

 

and the OD relevant bit removing and section 77/79 of the CCA Requestlink3.gif etc adding in.

 

 

get it done needs to be filed ideally by 4pm but you've missed that.

 

 

have a go and adapt it

them post it here

Particulars of claim

 

1. The Claimant is the assignee of a HSBClink3.gif Bank Plc debt in the sum of £3,072 assigned on xx/01/2015. Statutory notices of assignment were sent to the defendant.

 

2. The debt is for arrears on an overdraft facility first opened by the original creditor on or about xx/01/2008 under reference xxxxxx/xxxxxxxx. The defendant used the credit facilities.

 

3. On xx/01/2014 the account defaulted with an outstanding balance of £2,835. The claimant and its predecessors in title demanded repayment of the sum due. In breach of contract the defendant failed to repay the sums due.

 

The Claimant claims:

 

The sum of £3072.00

Costs

 

Defence

 

The Defendant contends that the particulars of the 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.

 

1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor HSBC Bank. It is denied that I am indebted for the alleged balance claimed.

 

2. Paragraph 1 is denied. I am not aware of ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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 creditlink3.gif Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

3. Paragraph 3 is denied. To my knowledge HSBC or the Claimant have never served me a notice pursuant to 76(1) and 98(1) of the CCA1974

 

Any alleged amount claimed could only consist substantially of default penalties/charges levied on the account for alleged late, rejected or over limit payments.

The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeylink3.gif National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4. As per Civil Procedurelink3.gif Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX February 2016 namely the Overdraft Agreement, Terms and Conditions relevant at the time of inception for the agreed overdraft, the Termination Demand Notice, Notices of sums in arrears, and Notices of Assignment inferred by the Claimant's Particulars of Claim.

 

The Claimant has failed to fully comply with this request.

 

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.

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

1.The Claimant is the asignee of a Bank of Scotlandlink3.gif plc Debt in the sum of 1647.88 assigned on the 21/11/2014 Statutory notices of assignment were sent to the defendant.

 

2.The Debt is a Loan account first opened by the original creditor on or about the 28/08/2003 under reference **** the defendant used the credit facilities .

 

3.On the 05/03/2008 the account defaulted with an outstanding balance of £2591.82.

4.The claimant and its predecessors in title demanded payment of the sum due , In breach of the contract the Defendant failed to repay the sums due .

 

5.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from 05/12/2014-16/03/2017 on £1647.88 and also interest at the same rate up to the date of judgment or earlier payment ata a daily rate of £0.36

defence

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.

 

1. Paragraph 1 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served to me some +2yrs ago from either the Claimant or HBOS.

 

2. Paragraph 2 is noted and accepted I have in the past had financial dealings with HBOS, I do not recall the precise details or agreement and have sought verification from the claimant.

 

3..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, and remains in default of my section 77 request,

therefore 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

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.

To date the Claimant has failed to comply to my section 77 request sent date by [method]

and their solicitors, [name them], have failed to reply to my CPR 31:14 request sent date by method also.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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 82 A of the consumer credit Act 1974.

 

8. 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.

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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fill in the blue bit

 

then email that off to the address you sent that wrong one too.

in the subject line of the email write

 

you name, claim number - amended defence - URGENT

 

in the first line of the email

state to please ignore your earlier email. and its defence.

 

then copy the defence above into the email

you do NOT need to copy the red bit

 

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... 

 

 

Link to post
Share on other sites
:yo::yo::yo:

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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