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    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   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 (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
    • Hi everyone    I received a ParkingEye claim form today that was issued on the 24/02/2020.   I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions.    Any help much appreciated    Andrew      Claim Form.pdf
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MARTIN3030

Mass complaint ;Add your name here if a dca has acted incorrectly with your account.

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CapQuest have honoured my harassment letter and the calls stopped straight away ............... so far anyway :D

 

Well done, keep em at a sensible distance. just this week and since I recieved the so called cca they have resumed calling, even to my work quoting my reference number to whoever answers the phone, I dont intend to tolerate this for long.

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1st credit, trying to get money from me for a Lloyds TSB loan. No authority issued from Lloyds informing me of passing debt to them, CCA sent to 1st credit and request for authority to chase me for this debt. Theating letters from 1st credit, they just don't play in the guidlines of the law. Also Additions direct. requested CCA, which i know i don't have, they sent one with my forged signature on it. Trading Standards now have the info and have been dealing with it since last November 2007. But NRD keep sending me statements with interest and charges added. They say its the catalogue that sends the statements with NRD logo on it. They refuse to believe the account is in dispute for possible forgery of signature and investigations by Trading Standards.

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JB Debt Recovery - non compliance of cca request

 

Hillesden Securities\DLC - chasing the above debt thats in dispute\ telephone harrasment etc

 

Capquest - non compliance of cca rquest

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Sechari Clark & Mitchell - Lloyds solicitors.

Despite writing to them, sending recorded delivery twice plus a telephone harassment letter they are still writing claiming I have not contacted them....

Mind games or what!

Any advice of where I can take this further as I begreudge the £1.04 I am paying each letter to get no response. (and can I reclaim my postal charges?)

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Hi Givuzagame

Their replies are computer generated.

Sechari Clark & Mitchell will not reply to you as far as i know with my dealings with them, they are in one of Lloyds TSB's departments and I have recieved the replies from Consumer Debt Recovery in Brighton.

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Thank you.

I have today emailed the Solicitors Regulation Authority and The Financial Ombudsman as this is becoming a joke.

A psychological expensive time consuming joke.....

I await their replies.....Gx

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i am having trouble with cabot financial who bought my debt from littlewoods personal finance,who intern supply a card from barclycard. my problem is i recieved a letter from cabot with a letter from barclycard enclosed,i am treating this with some suspicion, because i have an agreement to pay off my debt at £1.00 monthly,i have a letter from barclycard stating this. today at 10.20am i recieved a call from cabot financial, wanting to speak to me, the usual question was put to me confirm my details, i refused to do so, i quoted the administration of justice act after the bloke on other end of phone said they will keep ringing me until i speak to them, he kept moaning at me,and would not listen to reason, even though i told him, i would file charges of harrassment against them. totally unaccepted behaviour,luckily i have an appopintment today with a debt councillor and i will bring this up during this meeting. i just want some sense of it all,if we run a business like them we would have no customers. i want to blow a big fat rasberry to cabot financial.:p

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i am having trouble with cabot financial who bought my debt from littlewoods personal finance,who intern supply a card from barclycard. my problem is i recieved a letter from cabot with a letter from barclycard enclosed,i am treating this with some suspicion, because i have an agreement to pay off my debt at £1.00 monthly,i have a letter from barclycard stating this. today at 10.20am i recieved a call from cabot financial, wanting to speak to me, the usual question was put to me confirm my details, i refused to do so, i quoted the administration of justice act after the bloke on other end of phone said they will keep ringing me until i speak to them, he kept moaning at me,and would not listen to reason, even though i told him, i would file charges of harrassment against them. totally unaccepted behaviour,luckily i have an appopintment today with a debt councillor and i will bring this up during this meeting. i just want some sense of it all,if we run a business like them we would have no customers. i want to blow a big fat rasberry to cabot financial.:p

 

i got em off my back :lol:

 

have you CCA'd them yet? if not click on the link below Letter N


If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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debitas are a pain ..sent off CCA ,, and harrassment letter ..they are still phoning ..i never speak to them but ring back the number and its def debitas..also MBNA for my partner,,went quiet for a while ..they send him emails and leave messages ..sending a harrassment letter and a CCA request tomorra..i wish i was the goverment ..id shoot the lot of em LOL

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1st credit, trying to get money from me for a Lloyds TSB loan. No authority issued from Lloyds informing me of passing debt to them, CCA sent to 1st credit and request for authority to chase me for this debt. Theating letters from 1st credit, they just don't play in the guidlines of the law. Also Additions direct. requested CCA, which i know i don't have, they sent one with my forged signature on it. Trading Standards now have the info and have been dealing with it since last November 2007. But NRD keep sending me statements with interest and charges added. They say its the catalogue that sends the statements with NRD logo on it. They refuse to believe the account is in dispute for possible forgery of signature and investigations by Trading Standards.

 

Forged signature? It's the police you go to , not trading standards.

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I went to the police about harassment from Capital One. (14 calls a day)

They didn't want to know and I was politely told by an Inspector who happens to be a friend of ours that it was a civil matter, not criminal, despite the act stating it IS criminal.

 

I would like to nominate Mercers, (now gone quiet) for my hubby, Interim Justitia for ignoring my letters, and CSL who have taken over from Mercers and constantly ring and text my hubby's mobile.

 

We have never been notified by Barclaycard or Nat West that they have passed the alleged debt over to DCA's. Surely this is against OFT guidelines. But then we know that these people never follow guidlines don't we.

 

maggiebroom :)

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had a call from MERCERS this morning regarding my abbey debt (loan) they gave me some details about me to prove who they were speaking to,this is easier to deal with otherwise i would not give details out over the phone. mercers wanted to know if i could make a token payment of £20 i said no but can pay £1 they said no,i told them citizens advice would be intouch regarding my debt. might have got a better response from a brick wall than from them. I think alot of these so called debt collection agents do not follow the rules and do what they want,believing we would never take action against them,how wrong they are. for the record companys like Mercers,Cabot Financial, wescot to name a few are a big pain in the seat.

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they gave me some details about me to prove who they were speaking to

 

And if they had been speaking to somebody else, that person would now have those details about you...


Halifax (current accounts, credit card, old mortgage, secured loan)

thread here

 

MBNA (three credit cards)

thread here

firstdirect (a current account, two mortgage accounts, old loans, old credit card)

they've sold my current account. thread here.

 

Royal Mail

Claim issued by former employer Royal Mail, thread here.

I counterclaimed and won. They paid in full.

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had a call from MERCERS this morning regarding my abbey debt (loan) they gave me some details about me to prove who they were speaking to,this is easier to deal with otherwise i would not give details out over the phone. mercers wanted to know if i could make a token payment of £20 i said no but can pay £1 they said no,i told them citizens advice would be intouch regarding my debt. might have got a better response from a brick wall than from them. I think alot of these so called debt collection agents do not follow the rules and do what they want,believing we would never take action against them,how wrong they are. for the record companys like Mercers,Cabot Financial, wescot to name a few are a big pain in the seat.

 

Mercers and abbey??????? got them right? Mercers are Barclays in house collectors


If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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Firstly KPR for Nationwide, their in house dca, when they knew account was in dispute and in the court, then was passed to Frederickson's, who were also told account was in dispute and in the court.Sent them harrassment letter as kept calling on landline and my mobile at all hours.Also was threatened by one of their agents, saying if i didnt pay they would start court action against me, when i ;pointed out, it was already in the court, he then hung up on me!

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in my post earlier i said i had a call from mercers regarding my abbey debt, after looking at it again i realised it was not mercers but Moorcroft who rang me this morning. Mercers was for barclycard who now use cabot financial. I sent email to cabot requesting CCA but i did not offer to pay for it, debt line website only suggests payment if they have not sent it for free. My email was recieved and passed to the relevant department,i kept copy of reply,now only time will tell,if i have got their attention and i hope they do not reply with the details in 14 working days.:roll:

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I have had only one DCA contact me and it was regarding a dispute with Paypal account. The account was passed on to Intrim Justitia although in dispute. IJ then made very anoying and abusive requests for a settlement.

They where not interested in the fact I was trying to sort out with Paypal.

Not a pleasent experience.

 

Paul C

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Forged signature? It's the police you go to , not trading standards.

 

Just to let you Know joesoap I intend on contacting the police as soon as I get back all the documents from Trading Standards, they tell me it should be next week. Thanks for the push.

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Good afternoon everybody,

 

You may not want to read the following in response to this particular thread, but here goes anyway.

 

Whilst this may all sound like a great idea, the chances of anything being done to deal with the bullying and non adherance to the law by DCA'S, is, I'm afarid to tell you all, ZERO!

 

There is a chance that your complaints will be logged with the appropriate authorities and I know that you would all like to believe that a possibility exists that this will then lead to the withdrawal of the Collection Licence from at least some of these companies because yes, some of them do not have the right to call themselves professional in any way shape or form and further that they seem to get away with flouting the law continualy.

 

The problem however is that the clients that commission these companies all believe that their appointed agents 'always' act within the guidelines as set down by the OFT and that all laws are also adhrered to (Administration Of Justice Act etc) and consequently they will always refuse to be told otherwise, despite whatever proof you may supply and in how many numbers.

 

Companies do not want to hear that they may be wrong about their appointed DCA and if results are gained, they tend to give them all a free hand and simply close their ears and eyes because all they want to know is how and when they will get their money back.

 

The business of Debt Collection Agencies is still booming because their are many heavy handed morons who are given a free reign to say what they want to over telephone to you and even though they are fully aware of the guidelines, which they do not adhere to, should be enforced, they also know that if they ignore them, they might get a letter from trading standards or the OFT slapping them on the wrists, but that will be the full extent of what will happen.

 

Nobody, whether it is a debt collection agency, or British Gas, or Tiscali Customer Services, or Sky, or Council Tax etc...wants to know that you have a case, or that circumstances exist that have forced you in to your current situation, or that you are unemployed and on benefits, a single parent, being refused interviews because of your age etc.. etc..they just want your money whether you legally owe it or not.

 

On the plus side Debt Management Companies are being used by creditors on a more regular basis, but even they tend to rip us all off with a monthly charge which can be 6 times more than they are paying your creditors on a pro rata basis.

 

So there we have it.

 

Until Morons like Ruthbridge, Capquest, Cabot, Mercers, Newlyn and many others, begin to learn the art of listening to people and speaking to us like human beings, answering questions correctly, supplying proof of debt correctly, adhering to the law and in general not being bombastic and instead adopting a more empathetic approach, we will always be in the clutches of mass generic incomprehension.

 

Do we not all agree that we would be much more willing to resolve all of these problems with DCA's if we were spoken to in a polite manner and do we not also agree that if monies were/are indeed owed, that dealing with it in a calm professional and more empathetic manner, would reap the correct result for everybody?

 

God, forums like this one would not exist!

 

All you DCA's out there would save yourselves a lot of time and money and the world would be a happier place and.......oop's sorry I was just dreaming their for a bit...

 

The government will do nothing because they all live on a different planet to most of us in the real world, the OFT will slap wrists then forget it, allowing DCA's to continue in their grotty ways and Trading Standards will write a nice polite letter, because after all, these are all professional companies, whereas we, as consumers, are nothing more that debtor **** and in return they will receive a letter in response from the DCA stating their version of events, which will of course take preference over us, the consumer and the nonsense will continue.

 

 

Good Luck To You All.

 

In The Know.

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1ST CREDIT

 

For not supplying a cca on time , then after it being a month late immediately start sending me demanding letters and phoning me at home!

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Moorcroft not supplying CCa and sold/passed debt onto Equidebt

 

PGH7447


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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HFO services. One 'lady' after being asked NOT to ring at 8.20pm she refused and this resulted in her being told to go forth and multiply, we were subjected to 40 mins of constant calls, music being left on answerphone, screaming on the mobile, this all stopped at 9.01pm they think they can ring up to 9pm, I have been told by the CAB that anything after 7pm is in fact harassment .

 

This same 'lady' told my partner that if he didn't pick up the phone she would get the sack..... I went to Barclays Bank (barclaycard debt) lady rang and spoke to supervisor explaining what we had to put up with, NO PHONE CALLS SINCE... Barclays are now looking into it. HFO will NEVER receive a penny from us, there is no credit agreement as 'she' said barclaycard would charge HFO to get one sent?????

 

I WILL NOT REST UNTIL THE PERSON IN QUESTION GET THE SACK.....

 

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i am sorry to hear about the problems with HFO Services and the problems associated with it, i would have lost my rag with them if they called me like that,do not let it rest, contact your local trading standards office and report it,just to make sure this company understands you are serious and want it to be dealt with. That type of attitude should not be tolerated at all, it seems these people beleive they are above the law.:eek:

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To start. AIC who have not replied except to say they are dealing with my CCA request awaiting 30 days now

 

Before I knew about CAG. but had I known about CAG and Consumer rights I would have added

 

CABOT

EVERSHEDS

MERCERS

LINK FINANCIAL

DEBT MANAGERS

 

And probably a few more in the past 2-3 years

 

Well done CAGERS together we can overcome

 

Beau


Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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