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    • Hi all, apologies for the late degree of replies, I was using a mobile earlier and could not navigate the page very well. I have been trying to reply to each individual reply but cannot see where I can do that and I used "quote" which I am informed is incorrect (apologies if this has somewhat cocked things up)   Anyway I have established a little more info , as per Andy's enquiry, James ( my friend and the client in this instance) has confirmed it was Debt Free Direct who had set up the original IVA but they went into administration and were sold onto a company called Apperture, This is the company that Equity in Finance are supposedly holding any PPI recoveries for.   It transpires that Equity In Finance were "promoted" by Debt Free Direct as being able to recover PPI costs for James on the premise that HE would be receiving any recoveries less their fee for handling the claims, there was absolutely NO transparency that they would be with-holding all funds received for any and ALL ppi claims whether involved or not.   James is calling to see me tomorrow and we are going to check his credit file and also send off SAR's to ALL parties involved in the debacle. This will include, Apperture, Equity in Finance, The IP who handled the IVA and each of the banks/ loan companies & credit card companies he has personally claimed PPI from and also the ones that Equity in Finance have handled directly.   As I say there is definitely a rabbit off somewhere - Equity in Finance have taken / been sent every penny of the PPI recoveries including the ones that they have had no involvement in and the most recent being just in the last 4 weeks, despite the IVA being advised as closed in 2013 !!   even on the initial debt of £17000 plus fees ( currently shown on debt free direct website @ circa £3500 - yes they are apparently trading again !! ) the payments made under the IVA and the recoveries under PPI  have totalled been more than £40k so James is owed a hell of a lot of money which I can see no way that these companies are legally with-holding from him.   Lets see what the SARS bring in and then we will have a more defined basis of EXACTLY what we are looking at    Thanks guys for the initial advices - I will keep you all up to date on developments but any advices in the interim would be greatly accepted    Just a few links for reference :-  https://www.credit-connect.co.uk/commercial-news/corporate-insolvency/debt-free-direct-sold-aperture/   Debt free directs current ?? website https://www.debtfreedirect.co.uk/   Debt free direct confirmation of average fees and how paid   https://www.debtfreedirect.co.uk/fees
    • I have known some just take their commision direct from the account......as long as they are only invoicing you thats fine...ignore their invoices.
    • Weak and very unlikely to be successful...... Edit to suit......     IN THE ******* county court Claim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago. 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].  6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974. The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case. 7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.  Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______[/QUOTE]  
    • Thread title amended   You didn't provide details of your bank account did you when you signed up with this lot ?   Andy
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Petefrig

Father's info muddled with mine on debt

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Hi all.

 

On my credit file I have a debt from a utility company, it's in my name but showing my father's date of birth.

 It's listed as from 2005 and default date in 2016.

I had no contact about this at all.

I moved in my father's house around 2005 we were both with same supplier and he took his account with him, I opened new account with them.

 

This is how it got mixed up.

What's the best way if getting this removed, as I don't want to have to pay it, and don't want the debt landing on parents doormat.

I'm pretty sure neither of us owe anything, but don't want to open can of worms.

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I think you will need to start telling us which company it is, what kind of utility you are talking about. Then you should send the company an SAR.

You have probably better understand now that it is extremely difficult to clear this kind of thing from your credit file. However if it is a case of mistaken identity then you may have a chance.


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British gas.

I was hoping a phone call would suffice, guess I was dreaming.

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You will need to unravel the story before you can do anything about it. Send the SAR. Also an SAR had better be sent in your father's name as well


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