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    • #1   Posted March 4, 2014 The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]     Which Court have you received the claim from ? County Court Business Centre, Northampton, NN1 2LH       If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Capquest Investments Limited   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 13th January 2022 / 31st January to acknowledge / 14th February to submit defence   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1. The claim is for the sum of £4,608 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsburys Bank PLC under account number 4779169679648877 2. A default notice was served upon the defendant and has not been complied with. 3. The balance owed was assigned from HBOS to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3418   What is the total value of the claim? £4893 (this now includes the Court and Legal Reps fee)   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes this is likely but cannot find the letter   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes, twice   Did you inform the claimant of your change of address? yes, as they have been able to contact me, or when phoning the claimant they have updated the address records 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 ? 03/04/2003   Do you recall how you entered into the agreement...On line /In branch/By post ? Think it my have been in store   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No, not any more   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. Assigned to Capquest   Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall   Did you receive a Default Notice from the original creditor? Yes I am sure my wife did   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No, I have a letter from Capquest dated 10th June 2019 following a letter of complaint I had written declaring they hadn't provided statements between 2010 and 2019   Why did you cease payments? My wife had a breakdown and has been declared as clincially depressed. She has taken medication for many years now.   What was the date of your last payment? Account defaulted with Sainsburys between 2008-2010, we have made token payments ever since without fail   Was there a dispute with the original creditor that remains unresolved? Not that I can recall   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? We did speak with Sainsburys and agreed to pay £5 per month, then account was assigned to Capquest and we started paying £1 per month. We continued to pay both between 2010 and 2019. The current statement doesn't run beyond 2019. Claim Form.pdf
    • Sorry, I would rather not do that.    I don't really want to get them out as they have 3 more years left and other than roof they pay for all repairs. So as long as I keep on top of any further roof repairs its a decent contract.    So if they fail to reply then I am assuming that I need to MCOL them for unpaid rent and then let the judge decide who is right or wrong? 
    • Ok thanks dx 100uk. I’ll keep u posted
    • Hi again,   Having responded to the court claim for mediation I since have heard nothing from the court. On Thursday this week we received the attached letter from Overdales. Could I ask for advice on this letter and also ask if they should be writing direct when mediation through court is pending?    Thanks Overdales letter.pdf
    • Hi,   My business is now going through insolvency and luckily most of my creditors had been paid.   However, I have an outstanding business loan to Funding Circle of around £40,000 with a personal guarantee to me   Funding Circle have not yet contacted me and all payments have been up to date. My insolvency agent is in the process of contacting creditors now.   I do have a small amount of personal savings but I was wondering what the best steps of action are here for me.   Thanks for your help.
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LC Asset-Barclaycard Claim Form


MarkedCard01
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Hi 

 

Sorry If I haven't posted this thread in the right place.

 

I wondered if anyone could help me with some advice on a Claim Form I received a couple of days ago from Barclaycard/LC Asset. 

 

A little background, I got into financial difficulties around 15 years ago after a marriage break up. It resulted in me having debts with 2 credit card companies and my bank at the time (over draft - Loan) and struggling to pay even the minimum payments.

 

I did request CCA at the time from Barclaycard who sent back what looked like a hobbled photo copy of terms and conditions and stating it complied CCA 1974. So at the time I went into  a debt payment plan with them and other debtors.

 

I paid monthly until a few years ago with Brexit and Covid I had to close a small business I was running due to losing money and stopped paying them monthly and sorry to say have since buried my head in the sand.

 

On the claim form it has various offers to pay full balance now ( I don't have that sort of money), agree to the sum owed and asking for time to pay or disagree and defend myself.

 

My issue with the whole thing is the debt has been sold on and balance is going back up as interest is being applied again. If I agree with the claim and look to pay monthly

 

I have very little disposable income and it will take 10's of years to pay back and I am now in my late 50's which I do not want. My issue is Im not sure I have the capability or knowledge to defend myself unless helped or should I just try to arrange a payment plan I do not think I would ever get to the end of and clear. 

 

I took the card out in 1995 and the debt is just over £4000. LC Asset solicitors are Kearns

 

Any help or advice would be greatly appreciated as my partner who is aware I had debt problems from before we met and would worry herself to death about bailiffs turning up at the door.

Edited by dx100uk
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Moved to financial legal issues

Please click on that at the top

And complete the England and Wales court court claim questionnaire

 

youve been had blind and cash cowed from day one by whomever arranged your dmp. Link financial (LC assets) will never get an enforceable agreement for a 1995 BC card. They don't exist

 

Plenty of link Barclaycard threads here use our enhanced Google search box.

 

As for adding interest . That a big no no for any powerless DCA, they are not bailiff s and have zero legal powers but it's one of links favourite scams to pull on people

 

You'll win this easy!!

 

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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Name of the Claimant ? LC Asset 2 S. ARL

 

Date of issue – t. 23/09/2021

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened xx/11/95. The agreement is regulated by the Consumer Credit Act 1974 (CCA) was signed by the Defendant (D) and from which credit was extended to D.

 

2.D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16.

 

3.By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

And C claims -

1, £3751.16,

2, Interest pursuant to section 69 County Court Act 1984 at a rate of 8% per Annum from 15/12/2020 to 23/09/2021 of £206.18 And thereafter at a daily rate 0.79 to date of judgement or sooner payment. Date 23/09/2021

 

What is the total value of the claim? £4242.34
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not that I was aware of
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

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 ?  Nov 1995
 

Do you recall how you entered into the agreement...On line /In branch/By post ? I can not remember. I have never held a bank account with Barclays, so I would guess online or by post 
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? I have just checked and I can not see any details for a barclaycard account, but can see other information on cards and utilities companies etc I actively have.
 

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. issued by LC Asset

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? Yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, but unsure
 

Why did you cease payments? July 2019
 

What was the date of your last payment? July 2019
 

Was there a dispute with the original creditor that remains unresolved? No, but it niggled me for years that they sent proper documentation when I requested CCA back ion 2007
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, It s was self generated plan set up by myself around Oct 2007 and paid monthly for over 11 years

 

 

Thank you your help, listed below is the info you requested

 

Should the first thing I should do is send a  CPR31.14 request to the solicitor named on the claim form?

 

Any help or advice is really appreciated.

Edited by dx100uk
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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]
...
.

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 that dx 100uk

 

I going to sent a CCA request to LC Asset over the weekend. Only thing is their address is in Luxembourg, I guess that's where I will send it. Is there a reason why they have based themselves there? However the solicitors are in Cardiff and will send CPR 31:14 at the same time.

 

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send it to kearns too wont hurt

 

 

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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yes get reading up 

 

On 29/09/2021 at 11:15, dx100uk said:

Plenty of link Barclaycard threads here use our enhanced Google search box.

claimform barclaycard

 

dont miss your defence filing date regardless ever!!

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

I have had a reply from Kearns in regards to the CPR 31:14 request I sent in. Listed is the important parts of their letter. I didn't want to put too much detail just in case of prying eyes

 

In order to provide the documents requested we require time to acquire, compile papers and forward them to you.

 

We confirm that a hold has been been placed on the account and no default judgement shall be requested within fourteen days of the date the documents are provided.

 

We do not consider it necessary to file an application seeking time to provide documents, though if you require such please confirm and we shall do so (though an order may be sought for costs for that)

 

Is this just a standard reply to my request and do I need to sit and wait to see what documents they can provide?

 

I have started to compile my defence, but a lot will depend on what documents they provide. Also nothing back as of yet from LC Asset related to my CCA request.

 

Is there anything more I need to be doing at this stage?

 

Thanks again for your help

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Quote

We confirm that a hold has been been placed on the account and no default judgement shall be requested within fourteen days of the date the documents are provided.

 

Take note " hold on your account " not the court claim process nor can they request a default judgment anyway given you have acknowledged service and stated an intention to defend all. Stick to the timetable and defence date...disregard the above.

 

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

 

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  • 2 weeks later...

Hello Everyone

 

I would like some advice of when I should submit my defence to the court. The Claim form I received was dated 23/09/2021, however it didn't actually arrive with me until the 27/09/2021. I haven't received any response from LC Asset as of yet to my CCA Request and only what I would call stalling letter from Kearns as mentioned above on the 07/10/2021 to the CPR31:14 request.

 

I have also listed below a 1st draft of my defence and would appreciate any help and advice or suggested inclusions or amendments.

 

1.The Claimant (C) claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxx and opened xx/11/95. The agreement is regulated by the Consumer Credit Act 1974 (CCA) was signed by the Defendant (D) and from which credit was extended to D.

 

2.D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by 25/02/2010 a default was recorded. As at 15/12/2020 the Defendant owed Barclaycard PLC the sum of £3751.16.

 

3.By an agreement in writing the benefit of the debt has been legally assigned to C effective 15/12/2020 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

And C claims -

1, £3751.16,

2, Interest pursuant to section 69 County Court Act 1984 at a rate of 8% per Annum from 15/12/2020 to 23/09/2021 of £206.18 And thereafter at a daily rate 0.79 to date of judgement or sooner payment. Date 23/09/2021

 

Defence

 

1.The Defendant contends that the particulars of claim are 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. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a Letter of Claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.


3. Paragraph 1 is noted. I have had in the past a contractual relationship with Barclaycard. The Defendant does not recognise the reference number provided by the claimant within its particulars therefore I am unable to admit or deny the alleged debt claimed. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.

 

4. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant.

 

5. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank.


6. On the 05/10/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Kearns as yet to respond in relation to the CPR 31.14 request. To date, 21/10/2021, no documentation has been received. The claimant remains in default of my section 78 request.


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


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

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

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

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

 

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

 

9. 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.

 

10. 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.

 

Thank you in advance of any help offered

 

 

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looks good to me

 

not due till / by 4pm monday

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've added a couple of paragraphs to the beginning...can you confirm that the DN was dated and served in 25/02/2010 ?

Do you know the original balance as per the DN and what you have paid since 2010...is the amount claimed on the claim form correct ?

 

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

 

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Hi Andy

 

I will need to do some digging for the paperwork regarding the default in 2010, however I do recall receiving one or so I thought, but not in 2020. As for the outstanding balance again I will need to see if I can find the paperwork from 2007 and scroll through 10-12 years of bank statements to what I paid back, it doesn't help that I have moved home a couple of time since then and not exactly sure where the paperwork is. I will comeback to you soon

 

Thanks again for all the help.

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If you can...but time is short and I bet if you reconcile the payments and amount outstanding that's it not the correct amount outstanding.

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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Hi Andy

 

Ok I have found a the Barclaycard file and I can not see the default notice for 2010, so now I am unsure I ever received one. I have also tried to assess what the starting outstanding balance was as it seemed to jump around over time. Finally I have gone on-line to check the number payments and total amount I have paid Barclaycard since I went into a self generated payment plan back in 2009. The problem is my bank only allows me to go back to December 2014. I guess I could request a SARS, but it will take a while to comeback.

 

If that is the best route should I send it directly to Barclaycard

 

Thanks

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Who did you make payments to up until ceasing a couple year's ago ?

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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I have found the last Barclaycard statement from the time I believe I started the payment plan. It was for £4844. I paid 23.50 per month for around 10 years. That is total of around £2820, but with a few missed payments and guessing it was 10 years. The figure could be anywhere between £2000 and and the figure quoted above £2820. The figure LC Asset are claiming is £3957.34 + Court fees of £205.00

Payments directly to Barclaycard, never to anyone else

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Okay so £4844. outstanding at the time of default and you have paid back by payment plan you estimate £ 2820.They claim you still owe

£3957.34  but in reality you owe £2024 ?

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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Link always add oc int at oc rate on to any debt, even though rhe agreement to do so was already terminated by the oc before sale.

 

thats Paul burell for you..

 

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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Share on other sites

As I said as I can't access my bank statements that far back, it is an estimate I have paid back around £2200 to £2800 over the years. But I did ask for the interest to be stopped when I offered my payment plan back in 2009. Im not sure they ever replied with an acceptance, but left me alone while I was paying £23.50 per month. 

 

Also I found their response to CCA request back in September 2009. It was just a copy of their terms and conditions!

 

Would sending a SARS request to Barclaycard be helpful at this stage?

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link will never get an enforceable cca for a bc card from 1995... Not possible even for these expert scammers

 

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... 

Link to post
Share on other sites

Hi Andy

 

I am about to submit my defence as it needs to be in by 4pm on Monday and to be honest I only have enough spare time this afternoon, due to a personal event I have tomorrow and work first thing Monday.

 

Just a couple of quick questions

 

1, Is it fairly straightforward to submit my defence on the MCOL website or is there anything I should pay special attention to.

 

2, I was going to delete paragraph 2 of my defence as Kearns did send a Letter of Claim back in August and so will have that in their documentation. 

 

Thanks again for the help

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simply copy and paste it

if 2 is not correct yes remove it.

 

go ahead and file it

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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