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    • Hi   With a SAR all you have to do is ask for 'ALL DATA' (this way it does not matter what format they hold that data whether it be digital, email, telephone calls (recorded), written etc).   They then have 30 Days to comply once they have acknowledged your SAR Request (that is unless they require ID Verification) which the 30 Days time limit does not start until they have verified your ID if requested)   Also can I add in DHL response in post#36 I hate it when any Company/Business etc. has the nerve to use the get out clause of 'Human Error'.    This is not the case as it was 'Maladministration' by DHL' not 'Human Error' as stated to you, irrespective of who/which employee of DHL made the 'Human Error' the buck stops with DHL as who/which employee made that error was Employed by DHL.
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following:     1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx          
    • I passed on the article and link to friend. Between us we will now try get the required info to the correct location so that they (whoever in the Govt) can sort out what he is owed. I will keep you updated.  This thread may help others in similar situations. Ethel Street - very helpful research.  Thank you.  Seems like you came up trumps!
    • numerous erudio/drydens claimform threads here already - use our search top right.   your appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013    if you wish to bother to even send CCA/CPR that's upto you but the bottom line is to erudio you've ignored everything to date yoy might also ignore a claimform.   but ofcourse you are not!!   if the above is true   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following: 1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx      
    • Well I would want my £50 back also but hey ho if your satisfied its been resolved.....there was no way you could ever be liable anyway as your contract was with TC not RC.   Thread title updated.   Andy
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Bobsfrancis

I need some help please with a Debt Collecting Agency, (DCA)

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Hi all I need some help please with a Debt Collecting Agency, (DCA)

 

I recently received a letter from a DCA stating that if I did not contact them they would start Court proceedings against me for a debt.

 

I believe that the DCA company did not give me enough time to answer to their letter they sent and that they have started proceedings without giving me a chance to answer or ask them questions about this debt.

 

My question is simple

does the DCA have to state when this 14 days begins,

or is there a law that states that they must give five days for the letter to arrive in the post from the date of the letter that they send similar to the Court claim form?

 

Here is the sample of the dates,

don’t want to give precise details as I am concerned that these agencies follow these sites and use the information as part of their claim against individuals.

 

 

But these dates are the same in length of notice time that I received.

Working back on these dates seem to me to be unreasonable.

 

Letter from DCA dated on 27/10/2016 (Must respond in 14 days) but this letter arrived on 2/11/2016 at my address.

 

Claim form arrived on the 16/11/2016 but the Court Claim form had the date 14/11/2016 on it.

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I don't think a letter before action has to provide say 21 days notice, before they issued a court claim.

 

You would be best advised to post full details of the court claim received on the financial legal page on CAG. A company like Lowell seem to issue hundreds of court claims every week and whilst they might read CAG, there is b*gger all they can do, if someone properly defends a claim. If you see the legal page, a significant number of claims that are defended, end up being discontinued.


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Thread moved to Financial Legal Issues..please continue to post here to your thread.

 

Have you actually received a Court Claim N1 ? or is this a hypothetical post ?

 

If you have and it was dated 14/11/2016 have you defended the claim ?

 

Who is the DCA ?

 

What is the debt ?

 

Lets avoid the smoke and mirrors and have the details of whats going on.

 

Please read the following link and then copy and paste the Q,s and your responses back here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy


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

 

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we need that link done please

no need to hide anymore

too late for that now.

and the fact they didn't comply to pre action protocol is somewhat immaterial now.


..

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The first question I would ask is what has forced this question now 7 months down the line from when the claim was issued? I'd be highly surprised if they haven't had a judgment by default registered by now... Please respond to the link in post 3 so that the guys and girls here can help you forthwith if there's anything left to salvage that is...


THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Hi Andy,

 

Yes have received N1 form and filled it in on time and sent back.

The dates i placed here as i stated were not the correct dates but the same time scale.

 

 

I believe the DCA started proceedings before actually giving me the 14 days to actually respond to them and that's why i was asking the question really.

 

 

I am reticent to give too much details here but the debt is a credit card debt on an account opened before 2002. Shoo smiths were acting on behalf of Arrow Global, this is what is stated on the County Court Form.

 

I have requested a CCA from both companies and sent the one pound fee but as of yet have not received any response to my letters and emails.

 

 

Not sure what i should do next because i have not received any further information from the County Court either. They did respond to say the received my defense.

 

Any advice or thoughts would be appreciated. Many thanks

 

Bobs

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there are 100's of thread here wit the details of that link andy post

please give us the info we need to help you.

 

 

fill that link out please


..

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Very difficult to advise Bob without the details...the particulars of claim.....the history of the debt......your defence......what stage you are at now ?

 

Like asking me what I thought of the book and you wont tell me the title:wink:

 

Regards

 

Andy


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

 

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