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    • 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. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.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.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. 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.   4. 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 (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;   5. 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.   6. As per Civil Procedure 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 82A 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.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. 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.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.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.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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I moved to Canada 2 years ago as a Permanent Resident and I've been paying the SLC for the last 18 months but now I've had a private loan recalled (father in law) and I can't make payments to him, MBNA UK (£10,000 on 0% credit card) and the SLC.

 

I've decided to pay my family and MBNA but I want to know what damage the SLC can do to me. If not paying the SLC is going to ruin my credit then I'd rather lump it all in and default on the MBNA too so I can pay this private loan back quicker. If not I'm happy to pay.

 

I get my citizenship next year and it's unlikely we will be returning to the UK. Ireland at some point possibly but not the UK.

 

Loans were taken 2005, 2009-2012. Totally £21,000. Outstanding is £15,000

 

Thanks in advance.

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Do SLC know you are resident in Canada ?

 

Debts are not often enforced outside of the UK. Ireland would be easier if you moved there, as there is more cooperation between Ireland and UK. In theory UK debts can be transfered to Canada as there is a Commonwealth agreement on debts, but i very much doubt it would happen.

 

If you stopped paying SLC, a default debt amount of arrears would be created and eventually the debt would be sold off and if you came back to UK or Ireland if might be subject to court claim. And the debt would always be capable of court action as they are not affected by limitations law.

 

It might be sensible to write to SLC just saying that you are resident in Canada and will have to stop repayments until further notice, as you have other debts which are currently causing you problems.


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id stop MBNA too.

 

 

nothing much any UK creditor can do to you...

 

 

dx


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Thanks for the replies guys.

 

A few questions regarding MBNA:

 

1. Is it better to get a CCJ or to tell them I'm in Canada so they can't?

 

2. I want the 6 year countdown to start ASAP, what's the best way to make that happen?

 

3. MBNA have a presence here in Canada, will they try and use their Canadian arm to reclaim a UK debt?

 

Last question is theoretical.

 

If I continue to make payments to MBNA for a few months but happen to build up debt on other cards

- would this be any worse than simply defaulting on the one?

 

I mean my credit record is going to be ruined in both cases.

Theoretical question of course...

Edited by dx100uk

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Thanks for the replies guys.

 

A few questions regarding MBNA:

 

1. Is it better to get a CCJ or to tell them I'm in Canada so they can't? they cant you're in Canada.

 

2. I want the 6 year countdown to start ASAP, what's the best way to make that happen? stop paying.

 

3. MBNA have a presence here in Canada, will they try and use their Canadian arm to reclaim a UK debt? - nope they wont even know

 

Last question is theoretical.

 

If I continue to make payments to MBNA for a few months but happen to build up debt on other cards

- would this be any worse than simply defaulting on the one?

 

I mean my credit record is going to be ruined in both cases.

Theoretical question of course...

what credit record uk or Canada?


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what credit record uk or Canada?

 

UK

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Regarding the CCJ - they still think I'm in the UK - statements are going to my parents address. Should I tell them or keep shut?

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only UK debts would show.

and they cant harm you in Canada


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Regarding the CCJ - they still think I'm in the UK - statements are going to my parents address. Should I tell them or keep shut?

 

 

you legally should have informed all your creditors you are resident in Canada the day you were.

 

 

dx


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Regarding the CCJ - they still think I'm in the UK - statements are going to my parents address. Should I tell them or keep shut?

 

Worse thing you can do is hide abroad and not tell UK creditors you are not resident in the UK. That means it is very likely they would get a UK CCJ in your absence using your last known UK address. It is then much easier to transfer a UK CCJ to a court in Canada. Much more difficult to go straight to a Canadian court without a UK CCJ.

 

Suggest that you write to all UK creditors giving them your Canadian address and a copy of something proving you are a resident in Canada. If you need to stop payments, then do so and advise UK creditors. It is very unlikely any action would be taken against you in Canada. You will get debt collection letters, but that is probably all. No afffect on your Canadian records.


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I've let them all know now - will keep people informed as to what happens.

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Quick update.

 

Let all my UK credit card companies know that I'd moved abroad - kept written confirmation from all of them of this.

 

Student loans company managed to track me down to a new rental apartment

(pretty sure my old landlord just gave them my forwarding address

- probably the new tenants panicking over the red letters).

 

So far they've sent about 4 letters with big scary red bars saying further action will be taken.

They also call from Scotland occasionally

- I know it's them because it's a withheld number.

The left a voicemail once but they don't bother anymore.

 

I'll be stopping the credit cards in Feb so I'll expect them to start hassling me at some point.

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New update.

 

Student loans were transferred to Transcom who called about 20 times over 4 months. I ignored the calls.

 

 

New letter arrived about a month ago saying the debt had been transferred back to the SLC. They've been silent since.

 

 

 

I also stopped paying all my CCs about 4 months ago. Total debt is around 30,000GBP. Getting letters from these 3 creditors every 2/3 days.

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I lived in Canada, had UK debt companies chasing me. I can confirm they can't do anything to you, and it will have no effect on your Canadian credit file.

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I lived in Canada, had UK debt companies chasing me. I can confirm they can't do anything to you, and it will have no effect on your Canadian credit file.

 

 

Good to know.

 

 

My only regret is not doing this earlier. I'd be 3 years in to the 6 year credit report cutoff.

 

 

I don't plan on returning to the UK anytime soon though.

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Fair enough, but as they say, Man plans, God laughs.

 

But just on an even more reassuring note for you, just in case.

 

Not one of the UK debts who were chasing me in Canada, ever took anymore action than threatening letters even when I came back to the UK. I returned 9 years ago and they are all off my CRA files and long since statute barred by now.

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Quick update.

 

Student loan letters have stopped, MBNA, BoS and Barclays still sending letters. No default notice yet.

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Something weird happened. I defaulted on all of these cards in January.

 

MBNA has since disappeared from my credit record. The other two are still there.

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I had a letter saying the debt was transferred to a local collection agency but not heard anything since.

 

I am over a year in arrears. Just stop paying they aren’t going to do anything

.

 

 

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8 hours ago, gingertwist said:

Wondering if you have any updates on this? 

 

Been in Canada for 3 years - been paying back UK debt and SLC. 

 

Its crippling me with the currency conversion.  

create a new topic

tell us about the debts

 

hit create in the top red banner

 

dx

 


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please create your own topic gt.

dca's are not bailiffs

list your debts

 I bet most are unenforceable inc the slc loan

stop being cash cowed!!

 

dx


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9 hours ago, gingertwist said:

Just a couple more questions.... 

 

A local one in Canada or UK? 

Has it effected your Canadian credit? 

Are your parents recieving letters at their address? 

 

I don't want to screw up both credit files and I don't particularly want my mum ringing up telling me some Goon has tried to take her stuff 😂

 

Not sure what you mean "local" in Canada or UK? All my debt is in the UK.

 

If you're here on a permanent visa, that is PR or something that even leads to PR then I would just stop paying them once you have told them that you are no longer in the UK. I left behind over 20 grand in credit card debt and 15 grand in SLC debt and they have not taken any action other than letters and phone calls in the last 5 years.

 

My only regret is making payments the first 2 years I was here. I should have stopped paying immediately as then I would have been able to buy a house sooner.

 

Parents received letters until I updated my address and now they no longer get anything.

 

It doesn't affect your Canadian credit record (I have good credit in Canada).

 

I'm a citizen here now and have no intention of returning to the UK.

Edited by poutine

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Transfered to local collection probably means absolutely nothing. Standard letter for debtors who have moved abroad, which might raise fears of some local agent contacting them in Canada or wherever.  There are some people who would panic and make contact with UK debt owner, which is what the letter may be designed to achieve.

 

Debt collection agencies in most countries have enough domestic debts to collect and would not get involved with foreign debts. Too complicated and unlikely to collect anything to even cover their costs.  


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To clarify. The student loans company passed the debt to an Ontario based debt collection company who hasn’t contacted me and who I would ignore if they did as the debt isn’t recognized in Ontario.

 

Even if the debt was transferred to Canada it likely wouldn’t affect your Canadian rating. The system isn’t setup to log foreign debts. 

Edited by poutine

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Have moved Gingertwists posts to their own thread, as is the practice on CAG, as we don't want things to become confused.  No doubt Poutine will add replies to Gingertwists thread, if they can offer any help.

 

Gingertwists new threads link.  https://www.consumeractiongroup.co.uk/topic/418670-moved-to-canada-with-debts/


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