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    • Updated revised defence for review/comment, regarding item 2. Where do I corporate the details of the CCA request and their lack of response?   Defence   1.  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.   2.  2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim.    5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020.   6. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:-   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if 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 1974.6.   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.  
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    • Not only that but we now have a plug-in which has returned the edit and report buttons to the bottom of each post alongside the quote button. You can now use those or the ones under the ellipsis At the top right post.  
    • you should certainly never be responding to any emails or texts or phonecalls from anyone about any debt no matter it's type block and bounce all email addresses used and report texts as spam etc.   In the UK DCA's simply scam people out of free money that goes directly into their pockets to pay for staff drinks and free holidays abroad because most people blindly think that a DCA has some form of magical powers and wet themselves and cough up on any ole debt they chase   so you can't really blame CLI for trying it on for a foreign debt..esp as its a FINE..which conjures up all kinds of scary things like courts and prison and arrest if not paid.    
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Debt letter from Lantern - Possibly statute barred - next steps?


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I have received a letter today from Latern (formerly Motor Mile Finance) about some old short term loans from around 2012. This really is out of the blue, I've heard nothing from them for as long as I can recall and this letter was actually sent to my previous address but was re-directed.

 

It is quite a jovial letter, it reads "So, dust off the BBQ, enjoy the sun and take this opportunity to clear your debts before winter approaches". They're offering up to 60% reduction.

 

This is a summary of the debts:

Quick Quid £512 - Last payment date: not shown

Northway £838.88 - Last payment date: not shown

Think Finance (UK) Ltd t/a 1 MONTH LOAN: £350 - Last payment date 19/06/2012

 

At least one of the debts (probably all) are 6 years since last payment / taking out the credit so are possible statute barred. None of these debts appear on any of my credit records (Experian / Equifax / Noddle / MSE credit club)

 

1. What is the best approach with these to avoid acknowledging but ensuring it doesn't escalate to CCJ for example?

 

2. The address on the letter is my previous address (moved 1 month ago) and the debts relate to an address before that one. Should I do anything about this? I have a postal redirect in place for next 6 months but don't want a door knock at old address because the new tenants know me and my new address.

 

Note that since these bad days of pay day loans in 2012, I have taken responsibility for my finances. I'm a long time YNAB user and have my finances under microscopic control. I have no CCJ's but I do have a some defaults from 3 years ago that are now either satisfied or in a steady arrangement. I'm on the way to cleaning myself up so I don't want to make an error and set myself back.

 

Any advice is welcome.

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SB is a complete defence if it goes to court. To prevent a Backdoor CCJ - Update your address with them - This is not accepting liability of the debt.

Just stops them from playing backdoor CCJ :)

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yep

those are discount offers

so probable SB'd now.

 

just remember a DCA is NOT A BAILIFFS

and have

ZERO legal powers

 

if you could findout they are SB's that would be a BIG bonus

as you could send our SB letter for each one and kill them dead.

 

ring the original lender?

look at old Bank account statements ?

 

have a try to findout before you send anything to them

 

moved to the MMF forum

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Many thanks for taking the time to reply.

 

fkofilee: Thanks, when the time comes to correspond with them I will update the address but I have decided not to engage with them right now as per the next post. My postal redirection will pick up any further correspondence.

 

dx100uk: I've done some digging and actually found I have a lot of information. I had 6 pay day lenders on the go totalling £3300 in 2010. I've managed to find some old spreadsheets, letters and partial downloads of bank statements. It appears I had a meltdown in April 2010 and wrote a letter to all 6 payday lenders stating I was in a financial crisis and put in a formal CCA request. I also switched bank accounts to stop any further payments to these lenders.

 

What I have found is:

Quick quid - last payment 26/03/2010

Northway was Pounds Til Payday (The Maltese based one) - last payment 26/03/2010

1 Month Loan - last payment 30/03/2010 however Lantern say 19/06/2012 so I may have made a later payment to stall or prevent action.

 

I think the reason I didn't pay any of the above was because they ignored my CCA request at the time or didn't engage with me.

 

I was also with Wonga in this era but cleared that debt and actually got a refund when they had the FCA investigation. Another lender was Cash Choice and that was cleared in full around 2010 as well.

 

PRA group also caught up with me about a month ago for the 6th pay day loan from that era with MEM Finance. I immediately issued a CCA request and have had an acknowledgement with collections put on hold and my £1 returned. The difference with that one is that I did make some payments as recently as 2015 so it is not in the SB league but I'm hoping they can't find the CCA.

 

I've decided to put a SAR into the 3 original creditors to get some hard facts about the debts and dates so I can pursue the SB route. In the meantime I will ignore Latern but I may send a "prove-it" letter to stall them if they appear to be getting enthusiastic about taking any action.

 

Thanks again for your advice, I will update when I next get some correspondence.

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No don't send anything yet

 

No harm starting an IRL complaint to each lender mind

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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No don't send anything yet

I assume you mean sending anything to Latern? - If so, yes will refrain for now.

I also assume that the SAR to the original lenders is ok and won't cause any issue such as acknowledgement of the debt?

 

No harm starting an IRL complaint to each lender mind

Yes I will look into this. I've read some examples of these on the forum and I do fear that they will claim my self-declared income / outgoings at the time didn't suggest irresponsible lending but I may have some mileage in the fact that I had rolled these loans over for about 3-4 months suggest difficulty. I expect to get that confirmed with the SAR.

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Dont need sar- wont hurt no...

But send each lender. an irl complaint regardless!!

 

Its nothing to do with affordability...its to do with lending responsibly!!

If you already had numerous loans and default s they should not have done it

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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I'm worried that an IRL complaint will acknowledge the debt so I'm holding off on that one,

I think I've got a good chance of SB to just wipe the debt so I'm doing the SAR first and will take it from there.

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You cant reset nor unbar a barred debt by sending a complaint!!

Where did you read that rubbish!

Get on with it!

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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You cant reset nor unbar a barred debt by sending a complaint!!

Where did you read that rubbish!

 

Ok, I understand. I didn't read it anywhere, just didn't want to poke the tiger, it had been asleep for 6-8 years and initially I wasn't interested in a refund, just a debt wipe.

 

Get on with it!

 

Thanks for your advice but I feel less haste at this stage is a better approach.

 

I imagine a properly prepared IRL has more chance of success and with that in mind I've spent the last hour reading about IRL's on this forum. I realise that I have insufficient records to put a coherent complaint together.

 

So I'm still doing the SAR first to ensure I have as much detail as I can. I'm even going to SAR the 2 lenders I paid in full at the time in preparation for an IRL. I'm fairly certain I rolled the various loans over between at least 5 and as much as 12 times or more. I can put a better IRL together with all the facts and will do it to all 6 lenders.

 

SAR's are printed and going in the post recorded delivery tomorrow. Also doing a SAR to the bank account used at the time to get bank statements for my reference because I have no records of my income / outgoings at that time but I remember enough to know I was in a real squeeze with lots of other commitments and debts that will show up.

 

Thanks for kicking me in the right direction even if I do sound stubborn about doing it my way.

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send sar's via 1st class and get free proof of posting from any PO counter.

that's all you need, proof it was sent. don't waste money on recorded

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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