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    • Thanks dx.   So a little update on this. Court awarded me a CCJ against this company, and I've been chasing them for a year now. Registered address changed to a lawyers office in London. I contacted this law office numerous times, and eventually one of the directors emailed me back and confirmed Payza was indeed their client and that they were not aware of any CCJ. So I sent him all the court papers as well as a copy from Trust Online about a month ago. So far the lawyers have ignored me further.   Now I'm looking at a way to perhaps do a third party debt order against their bank account. I know they had money in the bank account. The director had since been arrested in America after my CCJ against the company.   Am I correct in thinking I have to pay the fee and it gets added on to the CCJ amount? I'm about 75% sure I know what banks they were using, but don't want to waste the money on fees to be told they don't use that bank.   Is there a way to get their lawyer to say which bank they use?
    • Apologies in replying, I was up for 30 hours and had to catch up on sleep. And I don't have my laptop right now either.    I already sent in the defence on Tuesday  as that was the only day I could before the 24th. I did use the defence from CAG, I did try rewrite as best as I could removing a lot of the waffle, making the set points with the evidence.    When I hear from the court next - I believe a questionnaire and direction of some sort- I will update you and see what the next steps are.    Thanks a tonne!! For all of your advice! I wouldn't have been able to even get close to what I have with setting aside the ccj and the defence without you. I am very lucky to have the help I've been given from you all out of your own time. You are awesome!
    • this is a normal contract for when you forget your wallet and fuel up your car and then promise to pay them later. If you return righ5t away you dotn pay any extra and you can even demand your paperwork back from the garage as they then have no lawful reason to process it. Now is it a fair contract? well, yes and no, if you dotn have the means to pay for your fuel before you fill up then you are committing a criminal offence by doing so but as i many cases of this nature the company would rather farm all the aggro out to a third party who then screw you out of money rather than invoke the available law. So, as you werent offered the contract to consider before you fuelled up then none of it is enforceable and the petrol companies should get their heads around this rather than allow the third party just coin money out of the unfortunate or forgetful   what I fail to understand is why you didnt just pay for the fuel with the card that you were going to use to get the cash? As for the rest of your story listing your afflictions , that doesnt make any difference to a contract, if you are not capable of entering a contract you shouldnt be driving either.
    • Their Order is somewhat confusing...yes you get your set a side and they will not object.   No defence has ever been submitted so it can't stand.(unless you submitted a defence with your application ?) They then state Directions Questionnaires be issued (goes to allocation) and then the next paragraph states the claim is stayed.   Anyway the " Schedule  " is irrelevant it's the " ordered by consent " part that matters.....claim is stayed.     Typical Robbers Way     Andy    
    • Yes thanks both  Have been on the phone to a UC call centre today  to help someone in my Council ward, they said that there is NO paper based system, but if someone is blind or has a vulnerability that makes it difficult to access  then what TomTom has linked to is a way to do it.  That mythbuster link is very useful indeed. DWP are known for pushing easy options  (for them) but will help at a Jobcentre if no other way.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
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!!

 

 


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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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So dated 17th April and you was served what date ?


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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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Dated 17th April its on the stat demand ?


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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

 


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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

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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


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

 

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