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    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
    • Evening dx will do, can I just ask what WHY is or have I just read it wrong?
    • So Xbox support came back to me with the expected decline of my request for the refund.  They cited the fact that the purchase occurred more than 14 days ago which goes against their refund policy.  So I've now had three refusals to refund for two different reasons.   I think I now need to show them we are serious and send them something more formal.  Would this be a letter of claim or is there anther step before that?   I've also been trying to figure out where to send any further correspondence as at present its all been done their online messaging platform, which doesn't feel formal enough...    
    • UPDATE:   Received 'Notice of allocation to small claims (hearing)' on Friday. Could somebody explain 4. please?     notice of allocation to the small claims track (hearing) REDACTED.pdf
    • its a letter of claim. you must reply   copy the 1st page and staple that to a new copy of our SB letter.   also keep a log of letters/texts/emails/call or WHY as under CONC that might later be useful
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HFC MBNA GM card card debt - been paying Restons £20PCM for years


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nope ignore until/unless they do

 

dx

 

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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Just a thought. 

If I did write to Restons saying this account is subject to a CCA request to HSBC wouldn't that stop them writing to me saying I'm behind with my payments. 

 

I don't want to antagonize them unnecessarily. 

I don't know how long it will take HSBC to inform them of this. 

I expect them to ramp up the letters saying I'm behind with payments especially if they don't know about the CCA. 

 

I still haven't had an acknowledgement from HSBC after them receiving my request over 7 weeks ago!

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No

ignore restons they are powerless in this instance

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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  • 1 month later...

An update.

There is still no update.

 

I've not even had an acknowledgment from hsbc for my cca request dated 29th June.

 

Is this normal to have to wait this long? 

 

I've had 1 call from Restons asking me to ring them which I haven't but otherwise deathly quiet! 

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Not your problem.

Dx

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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  • 1 month later...

Update:

no update apart from Reston’s asking me very politely would I mind contacting them.

They also asked me to pay them and not HSBC as £1 has been credited to my account which should have been send via them.

 

This is postal order I sent with my CCA request to HSBC back in June!  

Not even an acknowledgement from HSBC.

Should I do anything?  

Is there any time limit on them acknowledging CCA requests, 

I’m coming up 6 months on this

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12+2 working days..:lol:

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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as post 51

 

dx

 

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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  • 2 months later...

An update but a strange one. 

 

I have received a letter from HSBC stating my account is being transferred to Wescot and they will be contacting me. 

I received a letter from Wescot asking me to contact them to put in place a repayment plan which is acceptable to both of us, blah, blah, etc. 

 

I have had loads of texts and voice messages asking me to contact them which I have ignored

 

The CCA request last June seems to have disappeared! 

They cashed my postal order and credited it against my account but I've heard nothing else. 

I've not been paying them anything.

 

What should I do next?

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Send them a fully tracked letter repeating your request for the CCA. Point out that you have already paid for it in June – and enclose a copy of the postal order receipt – which I hope you kept – didn't you?

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Thanks for your reply.  Yes I did keep the receipt.  I've today sent off the letter to HSBC and to Wescot informing them of the CCA request.  I know I didn't have to inform Wescot but it will stop the calls and texts, hopefully!  I'll update when I get an update

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  • 1 month later...

Well a reply at last! 

 

I have received a without prejudice letter from HSBC giving me info on when I opened the account, 1994, the payment due date each month, the last payment amount, the current balance and the account status. 

 

They say

"we advise that regrettably, we are unable to provide you with a statement due to the age of the account. 

Please note that in accordance with Reg 3 of the Consulter Credit (Cancellation Notices and Copies of Documents) Regulation 1983 we provide a reconstituted copy of the executed agreement that does not include info which it is permitted to exclude such as the signatures and signature box. 

 

I can confirm the above account was opened in 1994 and is held in your name. 

In addition, HSBC Uk holds personal details which were supplied by you upon application, such as date of birth and employment details". 

 

It goes on and concludes with

"it is reasonable to conclude that you have acknowledged this debt and you have conducted the above account in a way that suggests you have a relationship with the bank".

 

They have sent a photocopy of a priority application for an AA Membership Card,

completely blank of course as I have never been a member of the AA or applied for an AA membership card! 

 

Also a blank copy of Terms and Conditions of a GM Card which has my name and date of birth written on it not by me. 

No signatures or dates of signatures. 

Also In 1994 my surname isn't the surname I have now!

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pers I would now ignore everything until or unless you get a Notice Of Assignment from a new DCA stating they have purchased the debt.

 

 

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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I have received letters from Hsbc saying my account is being referred to Wescot.

 

Letters from Wescot saying they have been instructed by their client Hsbc,

another which says they have made inquiries and I do live where I say I do

and finally account is on hold until they hear from Hsbc and await further instructions from Hsbc.

 

I have not received any Notice of Assignment. 

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no you wouldn't have done

as already said...wetcloths don't by debts...so no NOA

which is why I say now wait until the debt buyer, whomever that maybe, sends one.

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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