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    • This thread has been dawdling along for a year. We ask questions and we don't get any answers. Then the thread goes completely to sleep for about 10 months and we get a request today to reopen it and we are told that there is a court date in June – in just a few weeks. We would like to see please – the claim form in PDF format. The defence – in PDF format. Any documents which you have received and filled out such as directions questionnaires et cetera in PDF format. We also would like to see a comprehensive bullet pointed list of events – what you sent, when you sent it, the value of it, who do you send it to, was it properly declared, was the value properly declared – and any anything else you can think of. I think you need to realise that we are all volunteers here and we have our work cut out helping people who feel involved and committed to sorting out their problems. I'm sorry to say that the impression the moment is that you aren't really very interested. If you can't give us the information that I have asked above and also answer the other questions that I put to you probably a year ago, then I think that we may as well close the thread. I'm sorry you think I'm being tough – but this is a serious forum for serious legal advice. The people we advise on parcel delivery issues always get their money back but they have to take it as seriously as we do. It is not just a piece of social media. I'm closing the thread for the moment. If you have the information that we require then please use the report button and we will open the thread again so that you can post it up. Thank you
    • So after a lot o reading the following is my defence statement  as I understand it I need to respond to all points in the particulars   Any help would be appreciated  DDEFENCR  1) aa claim for money , the burden of proof in any allegation to the amount of money claimed to be owed remains with the claimant . And be proved unless the defendant Denies it. I deny all allegations made by the claimant  Therefore, the Claimant Is required to prove the allegation that the money is owed as claimed. The Claimants particulars of case  Does not give sufficient information to enable me to properly assess and defend the claim. 2)The Claimants particulars of claim states that the account was assigned from capital one to on 18/03/2021. I do not recall receiving notice of this assignment. A request for this has been under the consumer credit act to the claimant on17/05/2024 And I am awaiting a reply.  3) Similarly to the above point I do not recall being served with a Default notice by capital one as required by s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served on the Defendant And also required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and it is in a prescribed form  A request under has been made to the claimant’s solicitor on 17/05:2024 under CPR 31:14 and I am waiting for a reply  4) The consumer credit act also makes it incumbent upon the creditor to send regular statement of accounts to a debtor. Again I do not recall receiving these A request for this information has also been made under CPR31:14 on 17/05/2024… and I am awaiting a reply 5) As no documents that have been requested from the claimant have yet been received by me I ask the court for more time to receive and inspect the documents and have the opportunity to mount a more thorough defence      
    • who did you put as the claimant? was it Parcel22Go.com we'll need theirs and your full WS too if they've been filed yet?
    • Hi everyone, I have a court hearing date scheduled for June regarding this case. The service in question is Evri International, which I booked through Interparcel. However, I am aiming to hold Parcel2Go.com (P2G) liable because they operated the Evri International service. The Evri International website, which is operated by Parcel2go.com Limited (with company number 02591405) under the Evri brand. Given that my booking was made through Interparcel and not directly with P2G, am I still in a position to take Parcel2Go to court? Any advice or insights would be greatly appreciated. Thank you!
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HPH/cohen PAP letter of claim - ex Barclaycard [EX-EGG Card] debt with different account number


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Hi,

 

I sent out a CCA request to DLC, who were collecting for an old Egg debt;

I have been paying £1 token payments to them every since the account defaulted over 6 years ago,

and due to having moved house a couple of times since, have completely lost track of what has happened with this as the standing orders were set up to come out automatically.

 

Last week I received a response to my request from DLC stating

"we returned the account to Egg in July 2010, who have since ceased to trade. We assume that your account has been acquired by a third party company and we suggest you contact them".

 

I have no idea who to contact about this now! Any advise as to what I should do next?

 

If Egg have ceased to trade, then where has my £1 a month been going?!!

 

Many thanks

AM

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stop paying!!

 

 

look on your credit file

does it show?

that will tell you the owner now

 

 

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... 

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  • 1 year later...

Hi all,

 

A while ago I posted this thread in case you wanted to see the history:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458839-Low-income-6-year-old-debts-and-worrying-about-the-possibility-of-future-court-action&p=4854697#post4854697

 

Since then, I have sent out CCA requests etc. and mostly everything has gone quiet, although Halifax have continued to send the odd letter through Moorcrofts.

 

I received an interesting one:

A letter from Barclaycard saying that a company called HPH Ltd now have been assigned my debt; I'm guessing they bought it from them.

Then yesterday, I received a letter from HPH saying that they had instructed Robinson Way to collect the debt (as I understand it, HPH own RW?).

 

what I was initially a little confused about was the fact that I have never defaulted on a Barclaycard.

But it would seem that this is something to do with Egg as they ceased trading and Barclays acquired them. T

 

 

he strange thing about all this is that the 16-digit card number that they are referencing as the defaulted account means nothing to me,

it is completely different to the Egg card account number that I defaulted on!

Also, the amounts are a couple hundred ££ different too,

so I am making this assumption purely from process of elimination!!

 

DLC were the original DCA that I was paying £1/mth to in respect of my defaulted Egg card until 2016 when I CCAd them.

I posted their response on here when I received it, which is also relevant to this discussion (it's only 2 posts long!):

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?460425-DLC-response-to-CCA-request-for-old-Egg-card-debt&p=4865474#post4865474

 

it seems that I was paying £1/mth to DLC for nothing as they passed the account back to Egg in 2010!

And I have had no communication from Egg/Barclays until now.

 

 

I am a little confused by what has happened.

If DLC passed the account back so long ago and I was paying them,

then surely I hadn't been making any payments to Egg/Barclays, and maybe it is statute barred?

 

 

Maybe they have mixed up some accounts somewhere and that is why I don't recognise the account number? Really not sure where I stand!

 

This particular letter has mentioned solicitors and courts, so just wondering how I should approach this?

 

Any advice much appreciated! Thanks again!

AM

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send robbersway a CCA request

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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the one in the poc

is it 16 digits?

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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no I wouldnt worry that can be dealt with the later if necessary

just CCA using that number as it what the claimant is litigating you on:wink:

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...

OK,

 

CCA sent last week. I received a letter back today saying that they have requested a copy of the agreement/statement and have put my account temporarily on hold. Apparently they will contact me when they receive the documentation.

 

So, i guess the statutory time frame still applies, although as I am not paying anyone, this is perhaps irrelevant, am I right? At what point can I assume that they do not have the correct documentation? Should I chase them up after the statutory time?

 

Also, I'm wondering whether it is worth the £10 to SAR BarclayCard as the original owner (after acquiring Egg) in order to determine what has happened on the account since DLC apparently returned it to them. If no payments had been filtered back to them and DLC were just cash-cowing me then surely it would be SB and I would have no use for a CCA?

 

Thanks

AM

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See if a proper reply comes back from the CCA Request.

 

When did you first default on the a/c ?

 

Are you aware of any default charges made back when the a/c first defaulted.

 

:-)

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  • 2 weeks later...

still waiting for a CCA to come back from HPH/RW.

Took you guys advice and thought I'd wait rather than wasting £10 on a SAR if I don't need to.

 

To answer your question slick132,

it defaulted back in the summer of 2009 and I'm not sure of any default charges as all I have from Egg is the default letter itself.

 

 

Were you hinting at claiming these charges back?

 

Thanks

AM

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Hi Amerillo,

 

Reclaiming charges from BC continues to be an option, including compound interest.

 

However, I get the impression the a/c became delinquent and went to collections quickly, hence you suffered few default charges back then.

 

If this is the case, reclaiming such default charges is probably not worth the trouble.

 

Let us know about the CCA response.

 

:-)

Edited by slick132
"became"

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Yes,

I agree with you about it not being worth the hassle.

 

Still no response from either party and it's been a few weeks now. I'll continue to wait,

 

I'm guessing they will not get back to me to let me know if they do not have it??

It feels like I'm in limbo a bit.

 

Perhaps the only indication that I will get that they do not have the correct documentation is when I receive a letter to say that the account has been sold to another firm!

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They probably WILL respond when they're ready - you need do nothing until they DO.

 

:-)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 7 months later...

Hi all,

 

And the saga continues with RW chasing this old Egg card account on behalf of HPH Ltd (Ex Barclaycard).

 

If you see in post #9 of this thread, a CCA was sent to them nearly 9 months ago, to which they responded that they had requested the documentation and have put my account on hold until they receive the paperwork; needless to say, I'm still waiting for said paperwork!

 

Now today I receive a letter from RW telling me that my account has been assessed as meeting the criteria for legal action! I've attached the wording to this post.

 

Should I write back to them informing them of the fact that I am still waiting for the CCA and that my account should be on hold? Or just ignore?

 

Once again, many thanks for your help!

AM

RW letter.jpg

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begging letter ignore

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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Ah thought so! Thanks!

 

As much as i suspected this, the moment the word "legal" was mentioned, it alerted me! I guess that's the whole psychology behind it all!

 

Thanks

AM

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doesn't say WILL anywhere read it properly.......

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

  • 4 weeks later...

Ok, so it seems they weren't bluffing!

 

Just received a letter from Howard Cohen and Co. entitled "Letter of Claim". Accompanying this was an income and expenditure breakdown form for me to fill in, and a set of papers with various tick boxes on it, giving me the option to agree to owing the debt, or dispute it and request various documentation.

I have attached the main letter and an example of the tick box papers for reference.

 

I have noticed that again, the word "could" is used throughout the letter when they have referred to court action, however, I'm still not sure where I stand.

 

I guess it's time to respond to them?

As per the posts above, RW still owe me a CCA, and after the lengthy silence after I requested it, I assumed they didn't have it.

However, I'm starting to think they maybe they do, given that they seem to know the exact date that the agreement was entered in to (I have no record of this date, so not sure if it is accurate).

 

That being said, there is still the issue of their account number not tallying up with the account number that I have on record and that all previous communication has been in relation to (as per post #3). There is also the issue that it would seem as though I had been paying DLC my £1 for years, and that this would not have gone towards the account, so COULD be statute barred (as per post #1)??

 

What has happened to this account over the years is unknown to me and so I'm unsure as to where to go from here......any help much appreciated!

 

Once again, thanks!

AM

Letter of claim scan.jpg

Example of tick box forms sent.jpg

Edited by dx100uk
spacing
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go read this and follow post 6.

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp

 

doesn't mean its going anywhere

its just the new protocol they MUST abide by if they are thinking of court

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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thread titled updated

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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Awesome, thanks! Will get onto that sharpish!

 

Might be being stupid but I can't seem to find the attached form to download in post #6 of that thread......will post there also as it may be more appropriate.

 

Thanks

AM

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its back there now

 

no please don't post on that thread

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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