Jump to content


  • Tweets

  • Posts

    • 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.
    • Points to emphasise with the court: There is no problem about money. The entire issue is about the quality of the work which has been carried out. The shabby workmanship has been confirmed by an independent survey for which you have paid £355. The survey report has been provided to the builders and yet they have so far ignored it and declined to comment. There were four contracts in all. Two of them were completed to a satisfactory standard and the price of those contracts was paid without any difficulty. The dispute relates simply to two remaining contracts which are the subject of the independent report. From the outset of this dispute instead of trying to hold a dialogue her adopted a barracking and bullying approach – the same approach which is being used by their debt collection agency. You have received threats that they will trespass onto your property and remove your driveway. They are completely aware that there is a legitimate dispute and in fact one of the directors admitted that the work was not up to standard. You have embarked on the pre-action protocol as a prelude to legal action. Legal action in respect of one of the contract has now been issued. You are still hoping that the builders will deal with the matter without the need to take the litigation into the court room. The building company have attempted to avoid the independent scrutiny and transparency of the court process. The proper procedure for addressing this dispute would have been to start a legal action against you. The building company have decided not to use a transparent process and have the evidence weighed by a judge. The building company has preferred to shortcut the process and to use the strong-arm tactic of trying to have you declared bankrupt. This is clearly an abuse of the process. If there were serious questions about your intention to avoid payment, it would have been open for the building company to issue proceedings and eventually to have required that you would pay the disputed some into court. You would have complied with such an order without any difficulty – but they have chosen not to litigate. Now that litigation is underway, you believe that the best course of action is to allow the litigation to take its course and for the building company either to come to the table or else for the matter to be decided by a court after having weighed all the evidence. I'm going to say that if you had been more responsive in the way that you had been dealing with this so far – and as we have been encouraging you to do throughout this process, we would be well advanced by now and there wouldn't be this furious last moment dash to prevent a bankruptcy procedure. I hope that in view of what is happening you will now re-prioritise this matter.   I don't know what your temperament is like but when the hearing starts, you must remain very level in your approach and your tone of voice. Simply make your points. Listen very carefully to what is being said to you. While the judge is speaking, you should make notes so that you don't forget to refer to a particular point if something important is said. In the heat of the moment and in the stress, it is very easy to hear the judge say something to which you want to respond and then as the judge continues, you forget to say it. Once again, I expect that @Andyorch will be along at some point although he may be away for the weekend.  
    • How the European papers see Britain's problems, from the Independent.   European newspapers blame Brexit for UK supply chain crisis WWW.INDEPENDENT.CO.UK Continent’s press liken situation to 1970s Winter of Discontent and ‘boycotted Cuba’  
    • 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...    
  • Recommended Topics

  • Our picks

  • Recommended Topics

Advice please


Evil Noodle
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4583 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hi all this is my first post i have been reading about other problems on here but am still unsure what to do here is a outline of what my situation is.

 

October was going through a very bad patch with my wife and kids and we sold up and moved to spain to try and start again leaving unpaid accounts with the window company (£7000) and the credit card company( £4000). Things didnt go as hoped and we came back to the uk in jan 2005 with nothing. It has taken until now to get our selfs sorted out with jobs etc... in june i did a credit check and there are defaults for the above there are no ccj`s. I contacted payplan but they dont deal with the above and did say that if theres no contact with theses companys after 6 years they can`t claim the money.

 

This month i have started to get phone calls from link finance asking if i live here etc.. at the moment i havnt talked to them myself but i dont know what to do now i would like to get this sorted as there is interest on the account (£13000) payplan did say about me going bankrupt but if i do that i will lose my job.

 

Please advise me on where to turn as i have never been in a situation like this ( i know its my own fault ) and theres a lot of preasure on me and my wife at the moment.

Link to post
Share on other sites

  • Replies 51
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Noodle

Welcome to the CAGers

There is plenty of advice on here so dont worry.

 

First of all I dont know whats going on with payplan advising you agains bankrupt this is the very last resort..

 

Can you post more information.

 

The credit card - who is it with and how old is the debt.

 

The windows- did you take finance out, if so who with, how old is the debt.

 

RO

  • Haha 1
Link to post
Share on other sites

Hi Noodle

Welcome to the CAGers

There is plenty of advice on here so dont worry.

 

First of all I dont know whats going on with payplan advising you agains bankrupt this is the very last resort..

 

Can you post more information.

 

The credit card - who is it with and how old is the debt.

 

The windows- did you take finance out, if so who with, how old is the debt.

 

RO

 

Thank you for replying hope this information helps.

 

Windows

Link Finacial ALc (first national)

Start Date 28/06/2001

Default Date 27/03/2003

Default Balance £7,287

Current Balance £12,933

 

Credit Card

Link Financial Mbna

Start Date 11/07/2002

Default Date 25/07/2003

Default Balance £4591

Current Balance £4666

 

there are some more but they say settled so i was told to forget about them ?

 

there is also one i have no idea about from hillesden securities says its a credit card that was defaulted in 2004 when i was in spain i really dont know what this is for.

Link to post
Share on other sites

both accounts not old enough for statute barred, if they keep phoning tell them to STOP and put everything in writing,

 

the next step would probably be CCA requests (template library) i think a DPA request is in order aswell

cca is £1

dpa is £10. in both instances you can find out if the debt is legally enforcable in a court of law (cca)

dpa is to get ALL documents/statements ect... you can see if charges were added (of which you can get back)

 

IF debt been passed to a debt collection agancy you CCA them not the OC

you DPA the OC not the DCA

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/

Link to post
Share on other sites

in writing their is no mistake, verbaly they can intimidate and lie through thier back teeth. in writing "they can't" jsut run with it and shout when anything new pops up.

 

us CAGer's stick together and share advice and our problems, we it all together and hey we get the ultimate weapon

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/

Link to post
Share on other sites

  • 1 month later...

update: i sent for my CCA and my DPA on the 16th of october and today i got this letter back from them.

 

Dear Sir,

 

re: Asset Link Capital (No1) Limited -&- Yourself & 1 other

Agreement No: *************

 

We write further to your correspondence of 16th October 2007.

 

Whilst we note your s7(1) Data Protection Act 1998 request, we would refer you to s7(3) of the same act.

 

Should you wish to discuss the matter further, or to satisfy the requirement placed upon us to ensure you are indeed our customer, please contact the undersigned on 02920853507.

 

When we have ascertained that you are indeed our customer we shall of course comply with both your s7(1) Data Protection Act 1998 and s77-79 Consumer Credit Act 1974 requests by return.

 

Yours faithfully,

 

Mr.S.Southwood-Evans

Litigation Specialist

Asset Link Capital (No1) Limited.

 

 

I have never spoke to these people but when they have asked if i live here they have been told this is my care of address.

 

Do i need to phone this number and confirm who i am ?

 

I would of thought that the 2 signed and addressed letters (CCA & DPA) that i sent them would be enough, if they have my signed CCA they would be able to compare signature.

 

I don`t want to talk to these`s people after everything that i have read and heard about them they have phoned several times since i posted the letters but i have been at work.

Link to post
Share on other sites

[(3) Where a data controller--

(a) reasonably requires further information in order to satisfy himself as to the identity of the person making a

request under this section and to locate the information which that person seeks, and

(b) has informed him of that requirement,

the data controller is not obliged to comply with the request unless he is supplied with that further information.]

 

yup theyre right they do have to make sure they are talking to the right person.

 

however the Act doesnot require that you send them a signature and i suggest that you do not send them anything with a signature on it

 

A simple call may resolve the problem this up to you, all they have to do is establish that you are who you say you are. you do not need to discuss the debt in any way

 

regards

paul

Link to post
Share on other sites

Morning Sequenci

 

It never ceases to amaze me how creditors try to use the DPA to get out of having to supply documents under a CCA request. Barclay card seem the worst offenders. i have seen a few people on here asked to provide their signatures on a piece of paper before hey will comply with the request.

 

they must think we are all green.

 

oh whats happened to "shaun the sheep" hes been replaced:D

 

Regards

paul

Link to post
Share on other sites

.

 

oh whats happened to "shaun the sheep" hes been replaced:D

 

 

I thought it was time I paid homage to Channel 9, pre-shaun I had a few other Fast Show folks too.

 

One day I might actually try and find a reasonable avatar but as my work internet only lets me use a few websites my choice is rather limited :)

Link to post
Share on other sites

  • 3 weeks later...

Hi again all have been reading some great post on this site keeps me awake for hours when i should be going to bed but just cant stop reading.

 

I would like to have somethings cleared up if possible:

 

I sent my CCA & DPA of on the 16th October 07 they received them on the 18th then i got the above letter from them dated the 22nd i confirmed who i was on the telephone (all i gave was Name, DOB & Care of Address which they already had) on the 30th Oct 07 i have had no contact from them at all since then.

 

1. What date will they be in default of my CCA & DPA.

2. What do i do next after there default date as i would like to have the default on my account removed.

 

Thanks for your help.

 

I will keep reading and reading .........and reading :D

Link to post
Share on other sites

Hi again all have been reading some great post on this site keeps me awake for hours when i should be going to bed but just cant stop reading.....

.....

I will keep reading and reading .........and reading :D

Hi EN

I'm glad to see you're going to stick with it!

 

I'm a fairly recent member of CAG and I'm also finding these forums to be addictive, and I'm reading as much as I can. :)

 

Rob

Link to post
Share on other sites

i would take the 12 working days from the 30th which makes them having already defaulted as of the 15th Novemebr and now 2 days into the 30 calendar days which will end on 15th Decemebr 2007

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Hi Evil Noodle,

 

the time frames are

 

!2 working days from receipt of request to supply the information under the Consumer Credit Act 1974 once they exceed this time frame they are in default and not entitled to enforce the debt until they comply and rectifiy the default

 

now, the Data Protection Act request they have 40 days to comply, calendar not working. however they are entitled to ask for you to confirm identity so this could make things take longer if you dont supply them this info, however DO NOT give them any thing with your signature on it

 

regards

paul

  • Haha 1
Link to post
Share on other sites

Paul,

 

Does this still apply because in post 12 evil noodle was asked to confirm who he was which he did on the 30th. I assummed that if they had a issue with his idenity then the dates would apply from whn his idenity was confirmed. That is what i was told by my local TS but what they have been telling me is a pack of lies.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

oh , to shut them up with regards proof of id for a CCA request heres a letter i keep up my sleeve for these situations

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substansiate my identity to you.

 

However please note that to date you have happily sent statements and correspondace containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

i look forward to recieveing the documentation requested

 

Regards

Link to post
Share on other sites

Typical i just got a call from them 5 mins ago saying they have sent me the agreements a couple of times but they was returned to them saying there is no such address. they said that they know that i have received documents from them in the past and wondered if there was a problem with my post ? then asked me to comfirm my address etc... with him.

 

I told him there was no problem with my post as i get mail everyday and i was not willing to confirm anything with him as they already have all the information needed. Then he became very abrupt and told me that he was making a note on the file that i would`nt confirm this information and put the phone down.

 

How strange is this a delay tactic or something ? Cant for the life of me think why they would do this.

Link to post
Share on other sites

I dont think it is a delaying tatic. I think it is a tactic to get info out of you so they can start sum type of procedings against you.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Should i write them a letter confirming my address and a brief note about the phone call above so they cant say i with held information and was uncontactable and ask for prove that they have tried to contact me, also remind them that they are in breach of my request for my CCA under the Consumer Credit Act 1974 as 27 days have past since they confirmed my request for a CCA.

 

Or should i just leave it and see what happens

Link to post
Share on other sites

Hi There

 

When you CCA'd them, did you put your address as it is now on the letter?

 

If you did, have they received the request for a copy of your credit agreement?

 

if you have proof of delivery, they clearly have your address so why bother contacting them

Link to post
Share on other sites

oh and with rergards to the telephone calls

 

send the idiots this

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

 

Link to post
Share on other sites

lol cheers

 

yes when i sent my CCA and DPA they was both received and signed for on the 18th October and both copies had my address on thats why i refused to talk to them at all about personal details as for all i know it could be anyone on the other end of the phone. I will send them that letter above by recorded delivery first thing in the morning.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...