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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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fletch70

Unlicensed claimants

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I thought I would spread this great piece of news.

 

At appeal it was ruled that a claimant who was not registered with the FCA could not bring a county court claim.

 

Now I have no idea what this means for people who already have CCJ's issued to these unlicensed claimants but it may be a ray of hope

I also don't know what the legal arguments were - I guess the solicitor advocate involved will keep those to herself for now 


Any opinion I give is from personal experience .

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Who?


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I don't know who the unlicensed claimant was but I do know there are at least two out there who are unlicensed. 

 

I know this has been a discussion before about unlicensed debt purchasers but maybe it has now been decided.


Any opinion I give is from personal experience .

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Interesting, especially if they are Debt Purchasers.  Hopefully details will be out there soon.


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There are some details out there on Twitter and LinkedIn as well as another forum. It is not the Phelan case which debt purchasers have been touting as a loss for the unlicensed argument. This was a different case with, I think a reserved judgement that was handed down this week. It is certainly going to be an interesting time; I do wonder if the debt purchaser will appeal to a higher court - we will have to wait and see


Any opinion I give is from personal experience .

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Hi Fletch how are you\

 

Are you looking for section 40 of the CCA mate or the amendments in the 2006 section25,

 

I don't think they were repealed by the  FCA.

 

Sorry if I have the wrong end, been a long day


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Hi Dodge

 

I was reading from a post made by a leading solicitor advocate on another forum as well as twitter and Linkedin 

 

You know how it is, I can't put a link to it - all I know is that in an appeal they won on the basis the claimant could not rely on using an authorised representative; they themselves had to be authorised. 

 

Of course the debt purchase industry will be very quiet about it 


Any opinion I give is from personal experience .

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Wonder if it could apply to private parking cowboys and their invoices if it is confirmed in a higher court?


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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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10 hours ago, fletch70 said:

Hi Dodge

 

I was reading from a post made by a leading solicitor advocate on another forum as well as twitter and Linkedin 

 

You know how it is, I can't put a link to it - all I know is that in an appeal they won on the basis the claimant could not rely on using an authorised representative; they themselves had to be authorised. 

 

Of course the debt purchase industry will be very quiet about it 

You couldn't email me, could you? Be interested to read it. please


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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