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    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. 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 purchase’s 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.   3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.   Arbitration confirmed that a claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
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cider

link financial and old MBNA Card Debt. say they will add a new default?

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Thanks I really appreciate your advice 👍

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triton? they went south years ago.

so tritons client are Link on their letters?

 

god why did you blindly keep paying.

 

dx

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Posted (edited)

Okay. Just done some more digging. Triton took on the mint debt. Still being paid. 

all payments to mbna stopped 01.05.2014. This is what link are chasing 
 

Sorry to be so confusing. 

Edited by cider
More info

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But you carried on paying Triton ...if you had ignored Triton the debt would have been Statue Barred this year...(assuming the Default Notice was dated May 2014)...never mind  too late now.

 

So the Default marker is due to fall away this year if it was registered 2014......Link cant extend it.


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No sorry I got it wrong. Triton are taking payments for mint. 
 

the link letters are about a mbna debt. That I have paid nothing on since 01.05.2014 

 

 

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2 hours ago, cider said:

Well I should repay the debt

 

throw the morality card out the window!!

so what debt do link have then?

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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If there was no default registered. Can it be registered now after all this time? 

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there would have been a default for it to be sold

so what debt does link have then?

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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8 minutes ago, dx100uk said:

there would have been a default for it to be sold

so what debt does link have then?

 

They have taken on the mbna debt. (Sorry I originally thought it was mint. Hence the title) 

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so your last payment to anyone regarding this MBNA debt was more than 6yrs ago?

title updated

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Correct 

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send them this:

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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That will be satisfying! Thanks 

why do you think they have added this credit card to my file now then? 

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they haven't

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I had a notice from experian that they had added a credit card 

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they can't 

go check.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Added an agreement not a credit card.....your old MBNA because link have now bought the debt.....but they shouldnt have added it if its statue barred now....or anytime now.


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 OTHERS

 

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

 

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

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The note on the credit file says. 


link have added a credit card on to my file.

I can’t see it as Experian have said there is a delay updating the files at the moment.

It says it was added in February.

On the letter from link it says they bought the debt 20/06/2014. 

 

should I stop paying the other dcas after the 6 years is up.

 

I know no one on here is judging but my problems started during the financial crash 2007-08.

I am left with btl properties I bought at the time.

 

I stupidly used credit cards to fund refurbishment with a view to remortgaging.

 Nightmare.

Worst financial decision I ever made.

 

Now stuck with unsaleable negative equity white elephants and a world of anti landlord legislation.

( self pity rant over sorry ) 

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They bought the debt 20/06/2014 and decided to substitute the creditors name 6 years later...and its statue barred now....well almost.

Contact the CRAs and tell them the same and add a notice of correction or remove it entirely..the CRAs will contact Link to confirm.....or wait a few more weeks and see if it drops off.


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 OTHERS

 

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

 

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It will all disappear from the Credit File in a few weeks anyway.


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 OTHERS

 

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

 

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What’s interesting is.

I have two (pra) showing on the file along with two barclaycard accounts ( which are the same ones)

the account with triton for example is not showing along with two more that I am paying.

 

If they have disappeared because of their age could I just stop paying them now.

Or contact them and tell them I’m stopping because the are statue barred.?

As well as telling link the same. 

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just because they are not showing does not equate to them being statue barred...there must be a clear 6 years without payment or acknowledgment.


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 OTHERS

 

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

 

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Ahh I get it so if I stopped paying it would take 6 years. So I should just continued as I am or come to some arrangement to settle them. Or they will just make life complicated. At least the defaults have dropped off. 
the help on here has been invaluable thank you all so much. 

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Send them all a CCA request and see what response you get before making your next move.


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 OTHERS

 

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

 

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

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12 plus 2 days , No CCA , No pay


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 OTHERS

 

 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

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