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    • Here is an updated draft of the proposed particulars of claim. Please can you start dealing with this. Fill in the figures and also let me have some comments.    
    • They may try to say that you haven't given them an opportunity to remedy the situation. You are now in a position to say that that is untrue and that you have invited them to address all the defects but subject to a written schedule and subject to supervision. Assuming that you will have actually issued the proceedings, you will then be able to say to the court that despite this approach, the defendants have declined and it is for this reason that you have been obliged to issue proceedings. You should emphasise that you have only brought the matter into the court process as a last resort – whereas by contrast, the building company have attempted to use a bankruptcy procedure as a first resort.
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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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Wildheart Vs Thames Credit Ltd


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I had an account with Morgan Stanley which went into arrears. Every month I tried to pay something, but any amount was getting eaten up by the charges put on the account.

I have claimed the charges back from them, but the account was passed initially onto BCW, then Apex Credit Ltd and finally onto Thames Credit Ltd.

I agreed to pay them £40 a month to the debt, despite not knowing how much I owe or who the company are, i did it to stop them phoning me and harrassing me and my family.

I sent the CCA letter to Thames on the 26th April, along with my cheque for £1. I got this letter, dated the 14th May, in yesterday.

 

"Dear Madam,

We refer to your correspondence regarding the above mentioned account.

 

Please be patient whilst we collate the documentation.

 

Please be assured that we will contact you without further delay once we have the information.

 

Your cheque of £1.00 has been returned as we do not charge for this information."

 

 

Do I still have to pay them the £40 a month I agreed to, or can i cancel the DD until they get their backsides in gear and send me (or not send as i'm hoping) the CCA I requested?

I'm a bit stuck now, any advice?

 

thanks x

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Wildheart83

My understanding from reading the many threads is that 12 working days +2 ( I make that 18 May - Today )and they have defaulted. A further 30 calendar days - 17 June and they have committed an offence.

 

I would hold out on cancelling the DD until after the 17 June but that's my personal opinion and others may differ. Good Luck

Abbey

6/10/06 - £1260 received in bank charges :-D

Lowell

7/2007 alleged debt 1

1/2008 closed file:)

1st Credit

4/2007 alleged debt

7/2007 complaint sent to TS & OFT

1/2008 Mackenzie Hall threatening legal action

2/2008 closed file:)

Lowell

7/2007 alleged debt 2

7/2007 CCA'd

11/2007 complaint sent to TS & OFT :?

Lowell's continue to harass :(

Lowell

6/2008 alleged debt 3

6/2008 CCA'd

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Thanks! I had no information on Thames Credit Ltd, hadn't even heard of them til they phoned me up on boxing day asking for my bank details. I was so taken aback i just gave them the details, but i'm not happy at paying anything by DD so i'm keen to get this sorted as soon as i can.

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It's always a good idea to get everything in writing. If you read some of the other threads you'll find that there seems to be a general concensus that's its best to refuse to speak to them on the phone and insist they put everything in writing - see gingerheid's threads on this it will inform in an amusing way.

Abbey

6/10/06 - £1260 received in bank charges :-D

Lowell

7/2007 alleged debt 1

1/2008 closed file:)

1st Credit

4/2007 alleged debt

7/2007 complaint sent to TS & OFT

1/2008 Mackenzie Hall threatening legal action

2/2008 closed file:)

Lowell

7/2007 alleged debt 2

7/2007 CCA'd

11/2007 complaint sent to TS & OFT :?

Lowell's continue to harass :(

Lowell

6/2008 alleged debt 3

6/2008 CCA'd

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Thanks, i've been naughty and cancelled the DD. My argument for this is that they never provided me with any information about the company, nor did they give me a DD guarantee. if they phone i'll refuse to speak to them.

Still not had the CCA i asked for so it's time to fight back

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Hiya Wildheart

 

Have a look on my thread too - Thames Credit are a pain in the proverbial :mad:

 

Don't let them bully you. Definitely don't discuss ANYTHING on the phone with them. If you get it in writing, such rubbish as it all is from them, at least you have something you can keep for future reference and respond to appropriately with the help of this site.

 

I don't blame you for cancelling the DD, I would have done the same.

 

It will be interesting to see how they respond to your CCA. They didn't respond to mine at all, but then wrote to me telling me the full balance was due and payable!!!

 

I duly wrote back (by recorded delivery - always send everything recorded if you can because you then have a way of knowing they received it) reminding them of my CCA request and have now had the same letter as you asking me to be "patient" while they collate their documentation.

 

Let them go and "collate" to their hearts content! :grin:

 

I'll keep an eye on your thread if that's OK, it'll be interesting to see how we both get on with this company of berks!

 

Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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You are perfectly right to have cancelled the DD. After the 12 +2 working days are up they are in default. It is at this point that you can withhold payment and continue to withhold payment until an enforceable copy of the agreement is produced. Please do not confuse this with there being no debt. The debt still exists it would just be unlawful for them to pursue.

 

It is after the 30 calender days that a summary criminal offence is committed. However if you wish to report them for this offence you must do within 6 months of the offence. After this time it is statute barred.

 

Personally though I would not have paid them from day one as there was no notice of assignment. Without this and then a copy of the credit agreement you could argue that "how was I to not know that they hadn't got my details out of a bin and were trying to gain money under false pretences?".

 

If they do ever come up with what they say is a copy of the agreement please scan it in - as it may be unenforceable for a number of reasons.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Well, other than the "we're dealing with it" letter i've had nothing. I was expecting a phonecall yesterday since that was when the payment was due.

I only agreed to pay them because they caught me offguard over christmas, and I didn't know you could request the CCA, or the power it has over the DCA.

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You'll probably find that they are now rather shy about contacting you :D

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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hi help appreciated here i received a letter from thames credit yesterday quoting "unless you contact one of our negoiators it is likely that we may escalate your account on to our solicitors so they may seek a county court judgement ? " how should i responed to this ? i was making payments to them but stooped 6 months ago when i became sick and unable to work ! soory for hijacking your thread wildatheart

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Send them a CCA request with This Account Is Now In Dispute at the top of it. The can not lawfully pursue an account while it is in dispute.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Hi wildheart83 ,

 

Cick on the 'insert image' icon and browse for the scanned file.

 

Good luck with these, I'm dealing with them too.

 

Oops! Soz... forgot to say, upload the image to a photbucket or similar account and you can put the URL in directly if you so wish.

 

BB

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Please delete your personal details from these files.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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First thing - it's still showing your personal details.

Secondly, has it been signed by both parties? I didn't see a signature box.

Thirdly, it refers to a term that is not included in the agreement (page 2 refers to Condition 16). I assume this would have been included in another document - would that be correct?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks, was having problems being able to get into photobucket to alter the scanned image. not much of a pc whizz.

 

Hopefully that should be it now...

 

It was signed by me but not by Morgan Stanley, just stamped with the date received on it.

The two pages I have scanned are exactly as I got them from Thames yesterday, I haven't scanned the front sheet as it was merely a covering note saying what they'd sent.

The point about condition 16, i don't know as I don't know what other document they would be referring to

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From the OFT's frequently asked questions on consumer credit agreements:

 

Can I Include Cross References?

 

Reg 2(4) provides that the information specified may be interspersed with cross references to the terms of the agreement.

 

It is not however permissable in the OFT's view to include cross references to information appearing otherwise than as part of the terms of the agreement - for example, in a seperate information sheet or booklet or an accompanying letter.

 

 

Also if they haven't signed and dated the agreement it's not properly executed.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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