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    • Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously.   Attached is the exhibits part of the bundle. Sorry about this, no matter what I compressed the whole thing down to I got the oversize message, even if the filesize on my computer was showing as well under 4.8mb   The_exhibits-compressed.pdf
    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known. I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
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George43

Intrum SD for old HBOS credit card debt ***Withdrawn***

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Than you so much, it's really reassuring.

 

so far where legal help from different agencies, insolvency practitioners and solocitors I got;

- go to CAB (that was from gov legal aid after million paperwork and call assessments if I qualify); you will definitely go bankrupt if you don't pay £9000; sign IVA with me and sell your house within a year because bankrupt will cost you at least £70000; if I don't try to set aside your statutory demand, even though i cant promise anything, you will definitely go bankrupt; pay me money first and then I will see what I can do.

 

Very strange, everybody so far, except here, were threatening me with bankruptcy, if it's not enough I have the most horrible agency threatening me

Very huge thanks 😀

 

 

 

And yes, all solicitors said, it will not be enough to set aside statutory demand at court only because DCA couldn't provide you with credit agreement, if you pay us from £700 to £2500 plus VAT upfront (quotes from different solicitors, even though most of them were advertising no win no fee) we will try to set it aside. 

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Right - Thing is these DCAs chance themselves on the purchase of these debts. Some they win, some they dont. 

Intrum have been slapped around like a fish before for certain things that they did in the past. 

 

I speak from experience - These companies prey on your stress and vulnerabilities you found that out before you came here. Dont get me wrong, you may succeed - You may not - But you are in good hands here and CAG will try to assist where we can.

Solicitors vary - I understand why you went to them. All you have to understand is that Intrum are not the same as other companies. They specialise in Debt and its all they know in reality... 

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forget the ambulance chasers they don't know and cant help you

you can do it all for free at CAG.

just follow the advice you are given

and sty away from CAB, their advice is increasingly getting more dodgy recently.

 

dx

 


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Thank you again so much.

Now researching here and everywhere how to put fill the court forms. Cos time is ticking as you said.

Intrum actually is the 5th debt collector since 2016.

Could I use that in anyway?

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On 13/05/2019 at 13:04, Andyorch said:

Think we are cross purposes...just send a CCA request today...we can complete form IAA mid week

 

Your beginning to worry me in that your not taking any notice of the advice given in this thread. :(


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Sorry, I am so stressed, not thinking straight. It's strange how confused I became due to stress. Not sleeping, not eating is affecting my ability to think.

 

 

I did send CCA request yesterday by special delivery.

Thsnk you again for all the support and advice.

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Hello, I am confused again. Do I have to fill forms 6.4 and 6.5 or  form IAA from gov.uk website?

How to apply

Download and fill in form IAA.

Make 3 copies of the completed form and either post them to the court named on your statutory demand or give them to the court in person.

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why not simply await andyorch help instead of panicking...

 

 


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We could do with some help from you.

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thank you trying to put everything together.

1. If i only posted cca request on monday what do i have to say in the part that they havent provided me with it yet.

 

2. Also can i use that DCA have never sent me default notice or the sum in areas or the statement how the sum was acrued

The only letter from halifax was the notice of assignment sent together with DCA letter that they own the debt now.

 

3. Could i also use that there were 4 DCAs before Inrum or it would be against me. I am still thinking why the previous 4 didnt do anything at all except threatening or discount letters?

 

In the first letter was attached the info about data protection.

It says:

following the assignment of your account, Halifax transferred your personal data to Intrum UK finance limited.

 

The data originates from when you first applied for credit and includes data collected by Halifax during the life of your account, such as address updates, payment history and default details.

 

If they claim they have all of this, why they havent posted me anything except the notice of assignmet?

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Ignore the previous dcas they were only acting as clients of hbos

Dx


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hello

anyone could advise me please, cant come up with anything else. Please. i need more arguments

 

 

The Claimant does not admit the debt is recoverable because the enforceability of the alleged debt is in dispute, the creditor’s right to demand immediate payment is also disputed at this juncture:

The Respondent alleges that the Applicant is indebted to it in the sum of ....... being the amount outstanding under a contract with Bank of Scotland plc, where the debtor failed to adhere to the contract terms and conditions. It is further alleged that the account was assigned to Intrum UK Finance Limited.

I submit that the statutory demand should be set-aside upon the following grounds:

 1) It has been raised previously that the Respondent’s use of a statutory demand is trite law and merely a scare tactic to frighten the Applicant into paying and thereby is an abuse of process. It is the Applicants contention that the use of the insolvency laws as a debt collection tool is a misuse of the insolvency Rules. 

Under the Financial Services Registrar (Financial Conduct Authority, 2019 )  1st Credit Limited (Trading/Brand Names (May include Previous Names)  is now  under name  Intrum  UK Limited, reference number 718918.

The OFT has taken action against the Respondent requiring the company to improve its debt collection practices. The Respondent was previously in breach of Insolvency rules and was investigated by OFT:

 ‘after investigation found that some of its business processes and procedures failed to meet satisfactory standards’ and therefore OFT had to impose requirements over debt collection practices of 1st Credit (OFT, 2009).

2) The Respondent has not provided the Applicant with a copy of the agreement and of any other document referred to in it, together with a statement signed by or on behalf of the creditor as stated in sections 77-79 of the Consumer Credit Act 1974 (hereinafter referred to as “the CCA 1974”) . On May 13, 2019 the Applicant made request in writing pursuant sections 77-79 of the CCA 197.  The request was posted by recorded delivery and accompanied by the statutory one pound fee (Attachements 2,3 and 4) and was delivered to the Respondenton on 14.05.2019.

In the event that the Respondent seeks to avoid its obligations by suggesting that as an assignee it has no duty to comply with sections 77-79 of the CCA 1974, section 175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon  to pass this request to the creditor. In the case of an absolute assignment, the Respondent is a creditor as defined by section 189 of the CCA 1974. If the Respondent contends that it purchased the right but not the duties of any agreement, the Respondent was reminded that section 189 of the CCA 1974 is clear that an assignment is of both rights and duties. Respondent is referred to Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August, 2012) which affirmed that the duty to comply with s78 transfers to the Respondent on assignment.

3) The Applicant refers to sections 77-79 of the CCA 1974 which precludes the Respondent to enforce the agreement of the disputed debt.

The Applicant refers the court to the judgment of Mr Justice Warren in the High Court in the case of Hammonds (a firm) v Pro-fit USA Ltd [2007] EWHC 1998 (Ch) at Para 27.

 27. "So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner)."

 In respect of judgment of Mr Justice Warren as set out above the applicant avers that there is a clear dispute in relation to this debt and furthermore the Respondent is aware of this.

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looks good

let andy check it mind


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please read the above post!!

 

last 2 posts removed as they are nothing to do with YOUR submission but for the claimant of the SD.

 

PLEASE wait for andyorch

there is NO RUSH to file this tomorrow!!

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Thank you,i am panicking, more i read less i understand, my brains turning into mush

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Well you are correct forms 6.4 & 6.5 are no longer and have been updated by form IAA...having never completed this new form you will have to give me chance to run through it and find the necessary Practice Directions.

 

 

 


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thank you thank you so much

i dont understand anything and i read that if forms are not filled correctly, application migh be dissmissed

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If you could scan and redact a copy of the stat demand...I need to see it to check if it has all the valid requirements.

 

 

 


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sorry it took a while with my super slow laptop

 

the demand looks exactly the same like from gov.uk websie

SD.pdf

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30 april

the demand was posted though the letter box, no date on the envelope or the statutoty demand as you coud see

 

But i recieved a letter telling that it will be served on 30th unless i rearange

 

intrum used TSL solutions one guy firm in kettering to serve it

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sorry i didnt realise that the date was in there, i have a letter saying that it will be delivered on 30th. and everywhere i read its the date when it is delivered to you.

So does it mean that the demand is incorrect?

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docx upload now PDF as word shows your details in properties

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Yes its the date it was served....so leave it with me now its been a long day and we can finalise IAA and your statement (Post #62) in the morning


We could do with some help from you.

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

 

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