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    • Makes no odds wont be processed until Monday .
    • Spot on, thank you.   Will they give me a hearing before a week in Friday?
    • Yes but they can never explain how then can enforce and the debt has never been enforced through the courts in the UAE either.    Mr Coyle and his band members from CWD and now IDR they seem to be crossing over can never explain and it annoys me and when you talk to the FCA or FO they say it’s fine in some respects but it’s not. 
    • It sounds like the judge has ordered that payments are to commence on 30th August but you won't know for sure till the order arrives from the court.   Sadly, you are correct in that if you don't make payment in line with the order then the lender will most certainly apply for an eviction warrant again.
    • I’ve been hunting round on the forums looking for a rough guide on how to write out my statement, is this one ok to use as a template? IN THE ******* county courtClaim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago.3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].  6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974.  The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case.7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.  Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______[/QUOTE]
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DearPrudence

Cabot sending letters to old address, new tricks?

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Hello all,

 

Cabot are writing to my old address, from which I get some mail forwarded, but certainly not all.

 

The latest letter is a statement regarding a debt which is definitely SB, nothing paid on it since 2009.

 

The amount was about 1.2k; Cabot have now added a transaction with something like "LGL ADJUST BAL" on it with a "credit" about £570.

 

They have written YOU NEED NOT TAKE ANY ACTION on it. Is this an attempt to make it look as though there's been activity on the account?

 

I don't know whether to send an SB letter, probably best to ignore?

 

I'd rather they didn't send mail to my old address, though.

 

Is it wise to just give them my new address? I'm quite confident in rebuffing / ignoring them if they do attempt to chase.

 

Thanks

DP

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Thread moved to Debt Collection Agencies..please continue to post here to your thread Prudence


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I would inform them of your change of address..you dont want them issuing a claim to your old address...there is no need to inform them its statue barred that is self evident..just continue to file and ignore.


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the change you mention is most likely a refund of spurious charges ordered by the FCA. If you didnt pay these then it wont matter, it wont affect the SB date. If you did pay them then you can reclaim them but they are entitled to offset the againt the principle debt. yours was fro more than the refund so no damage done unless all of your debt was made up charges and fees.

As for wrog address, yes tell them your current one and that if they continue to use the old addy you will be reporting them for unfair prasctices under debt collection rules

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