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    • Thankyou very much i will be around all day it would be appreciated Below is another attempt :     IN THE COUNTY COURT AT ***************                 CLAIM NO:**********     BETWEEN:   LOWELL PORTFOLIO I LTD CLAIMANT   and   MRS *********************** DEFENDANT   ------------------------------------------------------------------------------------------------------------------------   WITNESS STATEMENT OF ******************   ------------------------------------------------------------------------------------------------------------------------   I, ******************************************* WILL SAY as follows:   I make this Witness Statement in support of my defence in the claim.     INTRODUCTION   1. 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This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   BACKGROUND 3. The Claim relates to an alleged Credit Card Agreement between the defendant and Vanquis Bank   4. 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The screenshots are devoid of any tick box or any authenticity of IP address conformation check.   10.Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.   11.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 mislead and convince the court that the claimant can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out pursuant to the above.   STATEMENT OF TRUTH   I, ************** the defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: …………………………………………… Print Name: ************* Dated: 4th August 2020
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Sid!

Debt Help/F&F Offer's (Debt Free Goals)

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New to this site and after advice please 😊

 

Not Sure if I’m in the right place (on the site) so hopefully this gets seen and I get some help.

 

I will set the scene with my current, ongoing situation. I have 4 debts of which I manage myself now (used Stepchange for 1 year) paying each company collecting a small amount per month (total monthly payment £75 all in across the 4).

 

The debts and ‘collectors’ managing are as follows in order of approx balance lowest to highest;

 

1.    Wescot (Now owned by Link Financial but managed by Wescot) – Circa £1,300.00

2.    Wescot (Now owned by Link Financial but managed by Wescot) – Circa £1,450.00

3.    PRA Group (purchased the debt) – Circa £3,300.00

4.    Moorcroft (Now owned by Intrum and managed by Moorcroft) – Circa £26,000.00

 

My goal is to have ‘got rid’ of debts 1-3 at least by Jan 2021 and I will be offering full and final settlement. I have downloaded the letter template from the National Debtline site and will be using it for the main body of each offer. I fully understand the importance of things in writing if offers are accepted, but I do have some questions. Obviously my offer is not for 100% of each balance. 

 

Interestingly on the big debt, number 4, Moorcroft emailed me to say a revised settlement offer is on the table, intrigued I rang them and just like that the gent said they would settle for 50% of the balance! So, once 1-3 are out the way I shall be really chipping away at this one with renewed optimism! But naturally due to the amount we shall park that one for now. 

 

For weeks now I have been reading up via this site and others on F&F offers and seem to get the jist of issues other guys have had in the past. I suppose my main questions are as follows;

 

a)    Prior to offering anything can anyone explain the ‘notice of assignment’ and why this could invalidate any of my debts above? Or just explain NoA in a bit more detail/offer links for research etc. Basically is this to prove that its legally owned?

 

b)    If I do agree a settlement and my credit rating is updated will this improve my score?

Currently I have 4 defaults, which i am told will drop off my credit score in 3 more years (defaults listed in 2017) but by offering F&F am I speeding up the process of a better rating sooner?

i.e is there any point in the F&F offers, as it stands i could leave the £3k

i am willing to invest on clearing debts 1-3 in my bank and carry on paying the small amount i am to each company PCM

- whats the benefit of settling, if any?

I know i will be paying for years and years if i don't settle. 

 

c)    Emailing my F&F offer – would it be ok to start the negotiations via email (saved in their own subfolder forever) or is it best to send recorded letters (I have noticed letters are advised usually)

 

d)    With debts 1, 2 & 3 they are run by Wescot and Moorcroft but 'owned' by others now, do I send the F&F offer to the ‘managing agent’, lets call them, or to the owners of the debt?

 

e)    If I agree a settlement, why is it best to pay via a 3rd party (say my mother?) I have read this advice on other threads - if anyone can shed some light it would be appreciated. 

 

Thanks for your time, I know I have asked a lot but really looking forward to your help and guidance!

 

Best regards,

 

Sid

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Who were the original creditors? 

What is that £26k debt for? 

 

CC / Loan? 

 

If you do go for F+F Settlements - I would make sure that you get a condition added for them to remove the Credit File Entry and it is confirmed in writing. 

Other members will be along soon. 

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4 hours ago, Sid! said:

a)    Prior to offering anything can anyone explain the ‘notice of assignment’ and why this could invalidate any of my debts above? Or just explain NoA in a bit more detail/offer links for research etc. Basically is this to prove that its legally owned? - just means the debt has been sold. enforceability is checked by sending a CCA request.

 

b)    If I do agree a settlement and my credit rating is updated will this improve my score? - NO!!

Currently I have 4 defaults, which i am told will drop off my credit score in 3 more years (defaults listed in 2017) but by offering F&F am I speeding up the process of a better rating sooner? - NO!!

i.e is there any point in the F&F offers, as it stands i could leave the £3k - burn the money - it will be more useful too YOU!!

 

i am willing to invest on clearing debts 1-3 in my bank and carry on paying the small amount i am to each company PCM

- whats the benefit of settling, if any? - NONE!!

I know i will be paying for years and years if i don't settle. - why?? who said that...throw the morality card out the window!!

 

c)    Emailing my F&F offer – would it be ok to start the negotiations via email (saved in their own subfolder forever) or is it best to send recorded letters (I have noticed letters are advised usually) - neither , keep the money - go on holiday!!

 

d)    With debts 1, 2 & 3 they are run by Wescot and Moorcroft but 'owned' by others now, do I send the F&F offer to the ‘managing agent’, lets call them, or to the owners of the debt? - - neither , keep the money - go on holiday!!

 

e)    If I agree a settlement, why is it best to pay via a 3rd party (say my mother?) I have read this advice on other threads - if anyone can shed some light it would be appreciated. no!!

 

a DCA is NOT A BAILIFF

and have 

ZERO legal powers on ANY DEBT

no matter what it's type.

 

sorry but it seems you are being cash cowed blind

STOP talking to these fleecers over the phone EVER AGAIN..

 

send each one a cca request for each debt you are blindly paying them for (intrum.pra.link)

 

why do you think each original creditor did not take you to court and crush you?

why did they sell the debt on to a dca for about 10p=£1??

 

 

 

 

  • Like 1

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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Hi they are;

1. Halifax Credit Card

2. Halifax Overdraft

3. MBNA Credit Card

4. Sainsburys Loan

 

Can you explain what a CCA is please so i understand what i am asking for and what is likely to come back if they have it?

Many thanks

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I believe i have found a useful link on CCA's!

 

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

 

I suppose my next question is, if i send the letter and they a) don't respond in 12 days or b) are unable to send me the agreement - what next?

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No CCA , no pay. End of. Cancel direct debits. 
 

Honestly you are throwing away your money paying any of this. They are literally robbing you blind.


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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Click our CCA request link and read all the posts there too.

 

they have 12+2 working days

 

you cant send one with regard to the OD debt.

simply just stop paying that one

 

might be prudent to send HBOS an SAR too.

 

when were each of your debts taken out please

and what are the defaulted dates for each from your credit file.


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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Hi thanks for the advice... can you explain what HBOS and SAR means please? 

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Hi. You can click on SAR to go to a new page with information about them.

 

HBoS is Halifax Bank of Scotland.

 

HB

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Illegitimi non carborundum

 

 

 

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7 hours ago, dx100uk said:

when were each of your debts taken out please

and what are the defaulted dates for each from your credit file.

 

 

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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Hi I use Martin Lewis Credit club and if I click on the defaults they say ‘account settled’ and the dates range from December 17 to Feb 18 under each tab. It also states the name of the new debt owner now and says last updated. 

 

Will that be the default  dates or will I find it elsewhere? 

 

 

 

 

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oh well 

the accounts will vanish on the defaulted dates 6th birthday paid or not paying or not.

 

await the CCA returns (or NOT!!)

 

and just stop paying that OD debt to whomever if its been sold.

 

get the sar running too.

 

dx

 

  • Thanks 1

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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Thanks for the advice it’s appreciated.

 

How come the OD one is special? 

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The OD is not special ..its simply not covered by section 77/78 of the Credit Consumer Act...therefore you cant request a copy of the agreement...as its a service facility for running credit and there is no credit agreement to request.

 

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 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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Hi can you give me the link please? I am new to this site and still trying to learn/navigate it

 

I am sending the letters today.

 

Last question.

Should i advise them in the letter that all payments are going to stop until they give the info requested or should i simply stop paying anyway from my Augusts due dates?

 

Do they have power to send bailif's etc

proceed to court if i stop paying?

they don't have my phone number which is good but i will expect letters once i dont pay

 

Sorry just noticed re; Link Financial - these are the master server for 2 of my debts.

 

HBOS assigned the accounts to 'LC Asset 1' and their registered offices are in Luxembourg!

Do i send the CCA request there (to LC in Luxembourg) or to the LC PO box in London?

or shall i send it to Link Financials office in London

- HELP!

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1 hour ago, Sid! said:

 

Hi can you give me the link please? I am new to this site and still trying to learn/navigate it

 

If you click on the letters SAR which should be underlined and in blue, that's your link with the information. :)

 

HB

  • Thanks 1

Illegitimi non carborundum

 

 

 

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send the CCA requests to link in london

quote their asset 1 ref number

and the original creditors Card Number.

 

as for bailiffs etc

already explained in post 3.

 

if they hold no enforceable paperwork they won't go near a court room door.

 

and Link rarely do court now anyway..

 

you are in the debt self help forum

get reading the threads here

 

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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Thanks for all your help thus far guys, CCA letters printed and I will be at the Post Office in the morning to add the £1 postal order and issue the letters by recorded delivery.

 

For now all payments stopped and I will update you in 2 weeks time (where we will be on to the SARS letters I think). 
 

Superb website!
 

Best regards,

 

Sid! 

 

 

 

 

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Never waste money on recorded simply get the PO's ,pop them in each envelope after tearing off the stubs.

hand the letters to them and ask for free proof of posting,1st class will do.

 

dx

 

  • Thanks 1

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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hi guys,

 

The first response is in from my CCA request from PRA Group, they have returned my £1 PO as a 'gesture of good will' lol and stated the following;

 

"I am in receipt of your corespondent in relation to the above (request for info. section 77-79 CCA1974) and have requested the required information. Until this is received i have placed your account on hold which will cease any further collections activity until further notice" 

 

Does this mean they haven't got the Credit Agreement or will they try and get it off the original lender?

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std response from PRA to a CCA request.

 

they still only have 12+2 working days.

 

dx

 

  • Like 1

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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