Jump to content


  • Tweets

  • Posts

    • I apologise if I was being unclear. Where it currently stands is that they will have it repair, placing scaffolding in our garden for 5 days. They have moved fast, but we will still have to postpone our contractors, meaning, we won't necessarily have the work done in time for the wedding and therefore will incur additional expenses for either a marquee or a wedding venue. They are vehemently against having any kind of liability in any regard but continue repeating that they are legally entitled to use our garden for their repairs (I believe this is true unless the work can be carried out using a cherry picker). The neighbour seems either indifferent or oblivious to the fact they can't reach all of the side of the roof from the space where they can place the scaffolding. They have asked their roofer of choice about using a cherry picker but the roofer has said it wasn't possible. It's not clear whether the roofer doesn't want to use a cherry picker or whether there is an issue with it. They have told us it is a problem that we are installing a gazebo as it will prevent them to access their roof from our garden in the future?!?  
    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

LC Asset/Link/Kearns Claim Form #1 - Halifax CC


Recommended Posts

In order for us to help you we require the following information:-

[if there are more than one defendant listed - tell us] 1 defendant

 

Which Court have you received the claim from ? County Court Business Centre, Northampton

 

Name of the Claimant ? LC Asset 2 S.A R.L

 

Date of issue – . 26/04/23

 

Particulars of Claim

 

What is the claim for – 

 

(1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/12/2014. 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 xx/01/2022 a default was recorded.

 

(3) As at xx/02/2022 the Defendant owed Bank of Scotland plc the sum of 8,xxx.xx.

By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/02/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.

 

(4) And C claims-

1. 8,xxx.xx

2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 1.64 to date of judgement or sooner payment.

Date 26/04/2023

 

What is the total value of the claim? 8k
 

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

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? Yes

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
 

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, but amount differs slightly
 

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. DP issued claim
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Maybe...
 

Did you receive a Default Notice from the original creditor? Maybe...
 

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

Why did you cease payments? Loss of employment main cause
 

What was the date of your last payment? Early 2021
 

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? No

 

-----------------------------------

 

The POC on the claim form is a block of text, no formatting or numbering. Above is verbatim, rounded numbers but I've spaced and added numbers in brackets after each full stop to facilitate writing a defence

 

- AOS submitted

- MCOL status of AOS is updated and timestamped correctly

- CPR 31:14 will be sent to the solicitors named on the claim form before the weekend and in plenty of time to upload and CAG review before defence deadline

- Defence to be submitted before 4pm on Friday 16th June

 

The Default date they state is accurately reflected in my credit file.

 

When the time comes, my defence will look something like this

 

DRAFT - to be adjusted and moulded depending on responses to requests.

 

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. Paragraph 1 is noted. The Defendant has had a contractual relationship with Royal Bank of Scotland in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information.

 

3. Paragraph 2 is denied. 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 Royal Bank of Scotland and received by the Defendant.

 

4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Royal Bank of Scotland.


5. On the 24/12/2022 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request.

On the (INSERT FUTURE DATE) a CPR 31.14 request was sent to Kearns who is yet to respond. To date, (INSERT FUTURE DATE), no documentation has been received. The claimant remains in default of my section 78 request.


6. 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 claimant 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;

 

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

 

8. 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.

 

9. 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.

------------------------------------

 

Thanks in advance, I will post up claim #2 over the weekend in another thread once I've got this one rolling.

 

BT

  • Like 1

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

23 minutes ago, Badtimes123 said:

Defence to be submitted before 4pm on Friday 16th June

26th?

 

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

Quote

Defence to be submitted before 4pm on Friday 16th June

 

Date of issue – . 26/04/23

 

Friday 26th May 4.00pm

 

 

 

.

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

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

Link to post
Share on other sites

  • 3 weeks later...

Oh my god please no...

I thought it was until June! how have I got my dates so wrong??

Have I just made the worse mistake possible and not filed in time?

I'm logged into MCOL and cannot see a status change..

MCOL states I'm only to continue if the following apply:

"if you filed an acknowledgement of service, within 28 days of service of the claim"

Which I did - am I still able to submit a defence? the option is available on the site.

If I've messed up here I'm so sorry.. without going into detail, I'm struggling hard right now...

Please give me a gentle steer and when I'm home later I will do everything I can, as quickly as I can

I'm so disappointed in myself

What I've done is, calculated mine into June wrong, saw '26th' by dx, then saw Andy's confirming 26th and didn't twig it was May, please save me the flaming.

This is my fault and I clearly haven't given it enough attention around the time I AOS'd.. getting June in my mind and then having to travel to care for family I've just really dropped the ball..

Done a bit of digging and it is possible to extend the time to file but I'm not fully informed yet and suspect if the claimant wished, they could proceed to default judgement and any filed defence could, on the day, be rejected by the judge - any clarity here would be great.

I'll continue to research while I travel and apologise again, I hope I haven't just thrown away the chance to use all your advice and effort of you all helping me so far.. :(

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

On 11/05/2023 at 12:16, Andyorch said:

 

Date of issue – . 26/04/23

 

Friday 26th May 4.00pm

 

 

 

.

Do you not get notification's by email when a post is made to your topic BT ?

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

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

Link to post
Share on other sites

Yes I did Andy, I just misread/misunderstood and didn't double check.. I've a significant date in June and once I was sure it was after that date, I just didn't think to double check. Not good enough I know, and I bet dx is steaming at me for not taking this seriously....

Currently on the phone to the courts, they are sending me forms to submit for an extension to file of 28days additional, £108 fee - NOTE: they have a backlog of processing these back to April, so perhaps best to just put in a defence ASAP.

The lady is saying no judgement has been entered yet and so I can still file a defence and it would be accepted, however of course they can file for judgement anytime.

In a couple of hours I'll be home and will formulate a defence based on what I have and see if I can get one in today

Edited by Badtimes123

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

You better get it submitted by 16.00 otherwise that option will close over the weekend.

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

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

Link to post
Share on other sites

On 11/05/2023 at 00:09, Badtimes123 said:

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. Paragraph 1 is noted. The Defendant has had a contractual relationship with Royal Bank of Scotland in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information.

 

3. Paragraph 2 is denied. 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 Royal Bank of Scotland and received by the Defendant.

 

4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Royal Bank of Scotland.


5. On the 24/12/2022 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request.

On the (INSERT FUTURE DATE) a CPR 31.14 request was sent to Kearns who is yet to respond. To date, (INSERT FUTURE DATE), no documentation has been received. The claimant remains in default of my section 78 request.


6. 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 claimant 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;

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

8. 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.

9. 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.

dx

  • Thanks 1

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

My defence is filed, for both claims as per the initial defence above and dx's layout, updating relevant fields for each seperate claim, they are exactly the same reasons. I've also downloaded the PDF of each and can confirm MCOL has accepted my filing. I'll keep an eye for status updates.

Thanks for jumping and responding guys, you've no idea how frustrated I am and how silly this looks to not be able to work out dates.. once again I'm sorry.

I will not drop the ball again.

 

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

Mmmmm my draft layout :becky: 

  • Haha 1
  • I agree 1

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

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

Link to post
Share on other sites

  • 2 months later...

My username must have been prophetic, since around 01/23, it's been real bad times for me and my family. 

I've been away from home through most of July due to family ill health care and family bereavements.

Thanks immensely in advance for your continued support.

--------------------

Defence was filed 02/06/23

Letter received 28/07 with an attached proforma, requesting I admit and pay up within 21 days

I've checked MCOL and can't see a status change..

Does this mean this is now auto stayed 30 days after defence filed?

I find it interesting that they knew I would respond to a claim because I responded to the letter of claim, yet they've filled the claim only to stop progressing after I defend??

I don't have a functional scanner just now, but going to try to get one ASAP, as the paperwork they have provided from the CCA request contains what appears to be duplicate documents,

but one copy with my old address (appears to be zoomed in) and one copy with my new address (appears in normal font size), both pieces start with "These are the conditions of an agreement between........." but the wording is also slightly different... when I received them I thought it was just a zoomed in copy, but they differ..

Thanks

BT

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

claim will be stayed yes.

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

  • 1 month later...

Good evening CAG Team

Returned home today to a pile.. I have 2 claims at N180, issued 29th Aug.

I will upload all docs for this claim tonight, probably late tonight so wanted this post in to give as much time as poss for your thoughts because I also wanted to try to find errors myself rather than simply upload and have you guys nursemaid me ;)

For this thread's claim:

- They did respond to a CCA request, my defence states they didn't in my haste to log the standard no paperwork one, problem?
- N180 received, issued 29th Aug. I must by 15th September have notified the court and all parties.
- DQ's from claimant received from their sols, they've chose yes to mediation, no to witness, yes to no hearing

I need to decide on mediation.. however there's issues with the enforaceability of the paperwork they have provided me, their CCA response:

- had no DN
- agreement looks fake/recon
- One Agreement version has my old address (Credit Card Agreement Regulated.... These are the conditions of an agreement) another has my current address (Backbook customer copy template..... Halifax CC T&C's)
- I mentioned previously a zoomed in version, I realise now it's not a zoomed in version exactly as some of the lettering is capitalised in one and not in the other, but both agreements refer to being the agreement between us....
- No IP on agreement

If I choose yes to mediation how do I navigate without telling them they haven't satisfied CCA? should I refuse based on what I've said or go but give reply "I don't have enough information to make any decisions currently?"

Any other advice while I mash this scanner? thanks

BT

Edited by Badtimes123

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

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

ill look at the pwork later but if you feel its not enough then when it comes to it the same 3 Q'q are asked again, and you simply state the claimant has failed to supply enough information concerning the alleged debt for me to be able to make an informed decision upon mediation so its a no.

dx

 

  • Thanks 1

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

Thanks in advance all.

Printed and sent.

Here is all paperwork sent by Stink following my CCA early in the year, circa Feb..

- Address discrepancy across documents, but they are my addresses, previous or current and I did move around the time of signature
- No DN
- No statements provided to show debt accrual
- No IP on Agreements
 

Sorry for low res i had to compress it into dust. I can split out into 2 separate if needed

LinkHalifaxCC.compressed.pdf

Edited by Badtimes123
low res comment

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

what always worries me about link CCA returns is they are never copies of the original OC's scan , in so much as you can see evidence the OC sent these to link

they always have LINK heading/footer, which to me could have been faked up form any old document Link have in their filing cabinet with you details copy and pasted in. not copies of the original file sent by the OC.

to that end as link are not saying they are reconstructed agreements and relying upon those rules...i say they are most probably faked up.

 

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

Yeh totally agree, it feels really wrong to see it on Link headed paper and they don't really look like scans either.. suggests they are manipulating the actual font

With the CCA reply missing all statements too makes me think they don't have much of anything, so have knocked something up from last weeks cases..

I guess that could be interesting if this goes to trial and they are to produce originals/copies of originals

Reviewing CONC13.1.4 regarding agreement copies, it states things like ".....the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature."

and

"Further, section 180(1)(b) of the CCA and regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 expressly allow certain matters to be omitted from the copy. There may be excluded from the copy of the executed agreement to be provided under these sections:

(b)any signature box, signature or date of signature;"

CONC refers to 'the firm', however I can't seem to figure out whether this applies to only OC's, debt purchasers or both.

 

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

any debt buyer inherits all the rights of the OC good or bad to 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... 

Link to post
Share on other sites

  • 7 months later...
Posted (edited)

Thanks for opening, it's been another rough year for my family and I've procastinated a little..

Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues.

Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused.

this has been allocated to small claims track, court date is June 3 and I've received their WS.

I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through.

Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it?

I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime.

Wonder what your advice would be given the documents they have provided?

I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage?

Thanks as always in advance

Edited by Badtimes123
Clarifications

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

Upload a redacted copy of their statement (+ Exhibits) please.

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

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

Link to post
Share on other sites

no default notice to date...

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 dx, thanks.

Yes actually, that is the case with this one!

I've taken tomorrow off work, I need to review the whole binder for each of these and I'll refrain from further questions until I do just that.

Just on hold for court ref Claim #2

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

Posted (edited)

Good evening, so not a good weekend reviewing paperwork -- I have lost some proofs of postage.. also, although not provided at CCA, they have now supplied a DN in their WS, please see scan of claimants WS (without statements)

Document with tick boxes as signatures doesn't look like an agreement and is split across pages. Documents have been stapled and copied multiple times looking at the top left of them.

Aside from that, having read other threads, I suspect they have everything? appreciate your input please

Sorry for heavy redactions, I noticed the paperwork was see-through

LinkHalifaxCC1.compressed.pdf

Edited by Badtimes123

CAG Site Team and Forum Helpers are unpaid volunteers

Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

and an even smaller number of people ever think to make a donation.

If you are able, without leaving yourself short, consider donating, all donations go towards Site hosting and maintenance - help us stay live for future people in need.

 

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

 

Essential Reading: Dealing with Customer Service

Link to post
Share on other sites

quick tip

next time dont remove any times, dates, £figures...how can we check if things have been done correctly and in or out of date limits without 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... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   1 Cagger


  • Have we helped you ...?


×
×
  • Create New...