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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
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    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Advice wanted for old DCA debt.


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Hi everyone

 

Looking for some advice regarding debts my wife and I have.

 

So a little history. We took on several credit cards and a catalogue account. I lost my job and was unable to make the minimum payments after racking up the debt.

 

Debts were eventually passed on to DCAs. Here is a list of them with current amount owed:

 

Cabot £1200 (Wife, originally HSBC - 2007)

Moorcroft £1800 (Myself, originally HSBC - 2006)

Capquest £2200 (Wife, originally Littlewoods - 2014)

 

Debts have been through various other DCAs such as Fenton Cooper, Arrow Global etc. apart from the Littlewoods debt.

 

We were making token payments based on the advice from CAB while unemployed.

 

We have offered settlement amounts to all of them several times over the years only to be ignored or refused (around 40 - 50%). Capquest's best settlement offer at the moment is 29% off.

 

Anyway, eventually got back into work and have been for a few years, and wife increased repayments to £50 each per month in the hope of eventually paying them off to be debt free.

 

Today we applied for a mortgage since we're paying a fortune in rent and were refused on wife's credit rating. We had a look at her credit report today and found that when Littlewoods sold the debt they closed the account with a default notice in 09/2014.

 

From what I've learned, Capquest can no longer add any more default notices and it should disappear off her credit file eventually and we'll have to wait until then to re-apply for a mortgage.

 

After spending some time today reading through various forums including this one, I have realised we been complete mugs paying the amount we're currently paying as it doesn't appear to have any impact on our credit ratings.

 

Should I still be paying these idiots? Should I go back to token payments for the rest of our lives? I now realise there is not much benefit in us paying these debts off. Or is it worthwhile persisting with them to get a reasonable F&F?

 

Any advice would be most appreciated. Thanks.

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Hi soldat and Welcome to CAG

 

Cabot and Capquest buy debts so they may be the legal owners of the debts now...(Littlewoods to Capquest ?) I would send them a CCA request for a copy of the agreements

 

With regards to Moorcroft..they dont and only collect on behalf of ...so send their client a request for that agreement.

 

They have 12 + 2 days to comply and if they fail the agreements are unenforceable in court unless with the courts permission.

 

Subject to their responses you can then review your current payment options.

 

Regards

 

Andy

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Thanks Andy

 

I believe Arrow Global are the people Moorcroft are collecting on behalf of.

 

I've read up on CCA requests so will get those sent off. Do I continue to make the same payments as normal between now and the date to comply? I feel like I'm chucking money away if they don't come back with the agreements. (one can hope)

 

Thanks

 

Peter

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Yes...as they make come back with valid copy agreements.

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Cheers again Andy

 

Wife is panicking. Found some info about on another debt advice website stating if we've sent F&F letters in the past that we've admitted responsibility for the debt. I assume that these hold no weight legally if they don't have the CCA?

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F&F offers are not necessarily an acknowledgement of debt...it could have been made under duress by anyone...even by the the wrong person unconnected to the agreement.

 

An acknowledgement of debt, commonly referred to as an “AOD”, is a document which contains an unequivocal admission of liability by the debtor.

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • 3 weeks later...

Hi Andy

 

I posted the CCA Requests off on the 6th August.

 

I've finally had a reply from all three DCAs.

 

Arrow Global: We do not accept we are the creditor as envisaged but are willing to assist with the request. Collection is meanwhile suspended. Find enclosed your postal order.

 

Cabot: We've been unable to get the information requested from the original lender so your CA is unenforceable. But please continue to pay us (pretty please).

 

Capquest: We've forwarded your request for documentation to Shop Direct Finance.

 

Since it's been 10+2 working days, I assume its safe to stop all payments?

 

Cheers

 

Peter

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yes!!

 

2 debts now removed from the cash cowers milking parlour

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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:-D

 

Received another letter from CapQuest today. Placing our account on hold for 28 days while they wait for a response from Shop Direct.

 

Thanks for all your help guys. Only wish I'd found your excellent forum earlier.

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