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    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
    • Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license.  What more can l do. 
    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
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Cabot/Mortimer Court Claim - old Aqua CC


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Hi all.

I won’t waste your time with a long preamble. I spent many years dealing with a gambling addiction - ignored bills, countless letters, phone calls etc.

Anyway, I recently discovered I have a CCJ. That’s not good at all, I know. I’ve not been at my mum’s house (trying to protect her from COVID) and discovered the letter about that last month.

I’ve also had papers in relation to another claim for an old Aqua credit card, that were sent on the 29th Dec. I spoke to someone from Mortimer Clarke today about this claim. I’m keen to avoid another CCJ on my record. The debt is £2.7k. They are saying that if I can clear it in 3 months I won’t get this CCJ.

I’m really worried about the impact of these CCJs.

I know these consequences are a result of my actions (inactions?) but I just wanted to ask if there was anything else I could do to avoid this second CCJ other than sell a kidney? I live pay packet to pay packet, with no savings or assets.

Thank you

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  • Andyorch changed the title to Court Claim for old Aqua CC Mortimer Clarke

Hi and Welcome to the Forum.

 

Lets deal with the new court claim first then we can advise on the old.

Please read the following link then copy the Q,s and post them back here with your responses.

 

 

 

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 Topic please PM me a link to your thread

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and stop talking to fleecers on the phone!

 

never do that on any debt...they lie!

 

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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Hi

 

As suggested, please find details below. Some answers are not in red unfortunately. My formatting skills are not the greatest.

 

Thank you in advance for your help and advice.

 

Name of the Claimant ? Cabot Financial

 

Date of issue –  29 December 2020

 

Particulars of Claim

 

What is the claim for –

 

1.By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (the Agreement) New Day Ltd RE Aqua agreed to issue the defendant with a credit card.

 

2.The Defendant failed to make the minimum payments due.

 

3.The Agreement was terminated following the service of a default notice.

 

4.The Agreement was assigned to the Claimant. The Claimant therefore claims £2539.88 and costs.

 

What is the total value of the claim? £2740
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card
 

When did you enter into the original agreement before or after April 2007 ? After 2007
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes (Experian)
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser (Cabot, through Mortimer Clarke)
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure, not via email, certainly.
 

Did you receive a Default Notice from the original creditor? Unsure - not via email, certainly. Although Particulars of Claim suggest I have.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not via email, certainly.  
 

Why did you cease payments? I had a gambling addiction - I would blow all wages bar my rent in a day or two from payday. Hate myself for it.
 

What was the date of your last payment? Jan 2017
 

Was there a dispute with the original creditor that remains unresolved? No
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, I did communicate problems. They froze interest.

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

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

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

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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Thank you for your advice. I’ll get onto that now.

 

Although, there’s a point I am not understanding, for which I apologise - you mention the filing of a defence...but I’m not aware of what defence I may have? I really hope I don’t come across as stupid for asking.

 

thank you 🙏

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time to get reading up...

 

use our search top right

 

claimform card.

 

get upto speed but don't do anything more than above AOS etc with the claim..unless you check with us first.

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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Ok.

 

Letters prepared to be sent recorded tomorrow am.

 

Will revisit thread pending responses from those letters and any further advice.

 

Thank you so much for your help to date.

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No you get reading up see my post

dont miss defence filing date no matter what

have you done AOS

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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  • dx100uk changed the title to Cabot/Mortimer Court Claim - old Aqua CC
  • 3 weeks later...

Had a CCA return letter - we don’t have that information on file. We have contacted the credit card company to get copies of the original agreement and annual statements etc.

 

defence date is coming soon. 

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std letter regardless to if or if not a court claim is underway the CCa dept won't know that

 

don't miss your defence filing date regardless

due this friday by 4pm

pop it up here 1st for checking

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’m going to write defence tonight. I just don’t know what I’m going to write. 


from what I can see I’m going to have to make an admission, aren’t I? And that will lead to a CCJ against me?

 

any help gratefully received.

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no !!

there are 100's of like threads here upon what to file

std no paperwork/holding defence

use our search top right

 

claimform card

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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Share on other sites

Morning dx,

 

Does this look ok?  Any advice gratefully received as always.

 

Particulars of Claim

 

1. By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (‘the Agreement’) New Day Ltd agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. The Claimant therefore claims 1. 2539.88 2. costs

total 2724.88

 

 

Defence

 

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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is accepted, I have in the past had agreements with New Day Ltd RE Aqua for credit card services.

 

2 Paragraph 2 is denied, I have no recollection of ever receiving a Notice of Assignment over 4 years ago nor ever been approached with regards to any alleged debt. The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

(c) show evidence of service of Notice of Sums in Arrears

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. If I understand this correctly, then this stays in, as they are apparently the assignee according to the NoA.

 

5. On the 12th January 2021 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim - the Claimant has failed to respond.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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nothing about the most important thing which is the default notice after the crap CCA.

NOSIA are not really that important..

 

dont like 1 or 2. eps stating you have had agreements...financial dealings would be better

 

 

 

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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So change agreements to financial dealings.

 

Mention no default notice received.

 

Remove NOSIA?

 

Thank you so much for your help and advice.

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notice of sums in arrears

look at any lowell vanquis card claimform thread

defence of recent here 100's of them.

 

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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Share on other sites

Does this look better?

 

thank you.

 

Particulars of Claim

 

1. By an agreement between New Day Ltd RE Aqua & the Defendant on or around 21/03/2014 (‘the Agreement’) New Day Ltd agreed to issue the Defendant with a credit card.

 

2.The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice.

 

3.The Agreement was assigned to the Claimant. The Claimant therefore claims 1. 2539.88 2. costs

total 2724.88

 

 

1. 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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with New Day Ltd. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. I can’t ever recall receiving any Default Notice, Notice of Assignment or ever having being approached pre litigation with regards this alleged debt.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request.

 

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the  Claimant is entitled to the relief claimed or any relief.

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did you receive a pre action protocol letter of claim and a reply pack a few weeks previous to the claimform?

 

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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Click letter of claim

Look at the pdf in post 2 

Should have got one of those

Cant see you ignoring that

 

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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I really don’t recall seeing one. My sister went through the house a while ago - I’d have hoped she wouldn’t have thrown any unopened mail away. This worries me. Am I up the creek?

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No the other way

They should have sent one its the new rules and should be noted they didnt in a defence.

 

 

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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