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    • Thanks for your prompt reply. I have some questions, please: When you say nothing will happen, my 80 year-old mother is worried about potential DCA doorsteppers if/when the debts are sold on - she is a very sweet, quite vulnerable lady and she is worried she may be bullied and harrassed.  If they do come knocking, what should she say?  I told her to say she knows nothing about any of it and they have no right to come knocking on her door and to warn them police will be informed if they come back.  Problem is, I don't think she would be strong enough and can easily be bullied into saying more than she intended once the door has been answered. Next questions: 1)  Should I inform all my lenders that I have moved abroad before defaulting (to avoid the quirky English law loophole thingy that could end up in a CCJ or worse once a DCA gets hold of it)?  2)  Can/should I provide an alternative UK correspondence address to my lenders instead of my mother's home address e.g. my virtual office address for my business - would the lenders accept this as I live abroad now and don't live at my mother's address?  Can I just write and tell them, without any further ado and not get into any further questions about it and cease further correspondence with them and default?  And would this stop DCAs coming to my mother's house as it would not be my current residential address on the lenders files when passed to the DCA?  Do they doorstep previous addresses? 3)  If I don't provide a UK correspondence address will I be at risk of not being aware of any Letters of Claim etc and legal proceedings notices etc not reaching me (there's no reliable postal system in the developing country I've moved to).  Worried this would mean I could end up being taken to court without being aware of it and could end up in a worse situation. 2) What exactly will go on my credit file once I've defaulted, assuming no legal action is taken against me?    4) Should I contact any of my lenders and inform them I have zero assets.  TSB & Sainsburys already have I&E info from me which shows my income  @ £1200/mth is below the combined total of my debt repayments @ £1300/mth and that my income only just covers essential costs of living @ £1200/mth.  Could it be useful to be on my file that I have no assets, so that the DCA clearly see this when the debt is passed to them? Thanks again for any advice.
    • paypal, but i would like to know if anyone knows if there is a certain time limit they have to refund you? thanks
    • Dear lookinforinfo, I'm sorry if I seem stupid, but what exactly am I telling them? -what code/ law / standard have they broken that I will use as an argument in letter? I don't understand the premise of your argument.  I would appreciate it if you could explain it to me clearly and in simple terms so that I understand.  Thank you   
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Agreed, let them default. Keep everything in writing, if they ring to discuss the accounts over the phone, simply say 'everything in writing please', and hang up. They'll soon get the message. Get all of your paperwork in order too, if you haven't got any, or are missing relevant documents, then you can SAR the original creditor, which is free and they have 30 days to supply the info. Keep a diary of events too. sit back and relax, YOU'RE in control, not them.
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backdoor CCJ Aktiv Kaptial - set aside - whats next?


batty69
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Damm it didnt send! will wait till I get to 20 post, only 2 more to go, all will become clear!

 

The people involved monitor this forum quite extensively and I have seen how underhand they can be for myself in the way they have handled my case.

 

I'm not taking any chances.

However suffice to say,

they are a well know company on this forum,

who has done this before.

 

Fortunately I have the ear of a cabinet minister who's willing to take this up once it's resolved (they are not allowed to involved in any ongoing legal disputes)

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Damn! didnt send, I need 30 to send to you, 20 to mod.

 

Trust me I will, I think when the full facts are revealed there is a good chance of this DCA being stripped of their licence.

 

Yes a solictor is involved, we were planning to take action against these people ourselves.

 

Problem is, he's gone away on hols for a fortnight, this then dropped through the door earlier this week and I have to file early next week.

 

Am desperately trying to get hold of him!

 

Hopes this throws some light on my earlier posts,

because I need to either delay or get away with handing over the bare minimum of my case till I can get hold of him.

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We know from experience that a single unfortunate ‘admin error’ will not see a debt buyer or DCA stripped of its licence. That’s wishful thinking.

 

Is this your solicitor or theirs? If it’s theirs and he knows what’s going on, the SRA should be your next stop.

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It's mine, as we were planning to go either fast track or multi-track with the counter claim.

 

I found a recent similiar case to mine where this has happened, the claimant settled out of court.

 

Also there is another company involved who are sort of off the radar, who are doing things this company would never risk in their own name.

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Ahh yes, the old "Admin Error" excuse, as we know they are not admin errors.

 

Fortunately they are leaving a big paper trail in my case, that will show it is nothing of the sort.

 

However if said DCA gets wind of what's coming their way, they are going to start covering their arses so they can claim the "Admin Error" excuse.

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Calling Andy,

can you point me in the direction of a sample particularised defence somewhere?

 

I want to make sure I'm getting the format correct,

 

i.e. not too little info, but not too detailed either.

i.m onto the counter claim part of my defence.

 

how much detail do I need ?

 

is it brief like a POC, particularised POC or Detailed (i.e. cite how, what and why the damages I have claimed for have occured)

 

Andy I've had a good trawl around the forum to find the nearest case to mine in terms of procedure (rather than the case matter) and the closest I can find is this thread which you have been helping on.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?348133-Moved-and-received-CCJ-Help-please/page1

 

on page 4 of the thread, post 67 the posters states

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?348133-Moved-and-received-CCJ-Help-please/page4

 

1. Judgement be set asidelink3.gif

 

2. The defendant do file defence by 4.oopm on 20th July 2012

 

the parallel to my case is that these were the orders that have been given in my case after my set aside, the only difference is that the judge has split these over two orders.

 

In the thread in question, which I am now following religously as it looks like it's going to go down somewhat a similiar path. is that,

 

a) Maybelate wasn't advised to put in a particularised defence at this point

b) After sending in the brief defence, an AQ was sent out and the case started following the "normal" path.

 

I'm a bit confused as this seems a bit contrary to what I have been advised here, what am I missing ?

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Every claim every defence every scenario is unique batty...there are no parallels or sample particularised defences.It all starts at the Particulars of claim.

 

Regards

 

Andy

We could do with some help from you.

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I appreciate that,

just trying to get a sense of what I need to get in.

 

I have gone for a "semi-particularised" in that I have used the standard defences on here regarding documentation (where they are missing in my case).

 

Plus added a few other defences which are particular to my case,

 

I'm not accused of adding them later.

 

But are being deficient on citing my evidence till the exchange of witness statements and documents.

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That's the best approach to adopt never be to particularised...keep your options open.Cast doubt and open the claimant along the process.

 

Regards

 

Andy

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 OTHER

 

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Actually what I meant by "Sample Particularised Defence" is the format, e.g. where do you put the date,

do I need to quote case no.,

do I need to make a declaration of truth.

 

what I mean is, not the content, obviously the content is unique to each case, but the format.

 

e.g. when I did my ws for set aside a solicitor contact of mine gave me a template to work from but the details were totally irrevelant to my case (wasn't even a DCA/debt case)

 

I dont want my the defence thrown out because I didn't follow something procedural, like forgetting to quote the case number!

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IN THE XXX COUNTY COURT CLAIM NO: XXXXXX

 

Claimant

Nasty Bank

 

 

V

 

Defendant

Batty

 

DEFENCE

 

 

XXXXXXXXXXXXXXXXXXXX

 

 

Statement of Truth

 

Dated xxxxx

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 OTHER

 

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

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Yes Batty you will submit a defence & PT20 Counter Claim.

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 OTHER

 

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

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