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    • your other expenses are the priority ones that must be paid 1st   are all these still with/paying the original creditors?
    • looks good to me   not due till / by 4pm monday
    • you need the particulars of claim ring northants bulk and ask them to send it by email pdf or get them to read it out ...RECORD YOUR CALL>   the sb date does not run from defaulted date.   there are numerous threads here on these backdoor erudio CCJ's when the loans had never eben deferred with erudio so must be sb'd.        
    • 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     1, 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.   2. 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.   3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank. 4. 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. 5,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;   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   Thank you in advance of any help offered    
    • Hello  Like most on here have got myself into a pickle and having been giving different advice by stepchange and payplan on which route to take am coming here for advice.   I work from home (Job is secure for now but with covid / brexit it could change in a years time), have around £14k of debt and bank with natwest (I have just opened a very basic account with another bank so I can get my wages paid into it).   Debts: Natwest Loan  / £3,407,03 left to pay / Currently paying £197pm (Have just missed 1 payment and now using breathing space for 30 days) Argos store card / £2,018.67 left to pay / Currently paying £86pm Capital One card 1 / £508 left to pay / Currently paying £50pm Capital One card 2 / £2,950 left to pay / Currently paying £212pm Aqua card / £3,600 left to pay / Currently paying £212pm Studio24 / £152 left to pay / Currently paying £40pm Very / £1,315 left to pay / Currently paying £100   Then I have other expenses (Rent 575, council tax £175, Utilities £175  etc) am just left with nothing and that is just by paying the bare minimum.    What would you advise ? my credit file is trashed now as have been gone over my balance on the credit cards and paying back the minimum to clear them.    
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jenn v a&l


JENNDOUG
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2 day i recived a letter regarding the unfair charges saying that they regret that they can not refund mey fees as i was aware of the charges when i opend the account

what should i do now??:o

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Hi Jen which letter did you send ? was it the LBA from what ive been told and read about on this site just stick to your timetable,i have started the process in january and have had nothing back from A&L at all not even the bog off letter,ill be due to start court proceedings in a weekish,so just hold in there,kind regards col x

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  • 2 weeks later...

it was before i had gone to this site i got a letter template from the gmtv site it was not as good as the ones on this site, but i sent my second letter stateing i was not happy with their respons and giving tem 14 days to reply hears hoping :rolleyes:

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Jenndoug,

Have you got all your statements for the last 6 years?

Was the letter you sent like the initial approach/request for repayment?

A reminder - send ALL letters signed for delivery, they will deny receiving the letter if you don't.

They won't pay out unless you issue a claim through the Courts, which you should not do untill you have gone through all the steps outined on this wonderfull site.

We haven't got the money, so we've got to think!

Ernest Rutherford

 

A & L

Data Protection Act Letter sent 11/08/06

Data rec'd 14/09/06, Prelim letter sent 16/09/06

LBA sent 22/09/06, MCOL 6QZ68670 issued 2/10/06 - chq for £6,375.34 rec'd 04/11/06.

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