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pencil

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Everything posted by pencil

  1. pencil
    If they come up with the paperwork they come up with the paperwork. I need to send this PAP back soon. Shall I request the CCA agreements again on the PAP or just say they have not been supplied on the claim form, and if on the claim form what response shall I write in box 4 of the PAP?
  2. pencil
    So, I have read through the PAP threads. There have been no CCA agreements forthcoming since requested 5 1/2 years ago, so I will tick box 4 of the pap with the explanation: 'I dispute this debt because the debt purchaser has yet to provide any or all of the required documentation.'
  3. pencil
    This is my response, should I add or leave anything out please? On 15th April 2014 I made a formal request for a true signed agreement for the account under the Consumer Credit Act 1974 (CCA1974) s.78. You failed to comply with my request, and as such, the account entered default in early May 2014. The document that you’re obliged to send me is a true copy of the executed agreement containing all of the prescribed terms, all other required terms and statutory notices, and was signed by both your company and myself as defined in section 61(1) of CCA 1974 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you’re obliged to send me a copy of that document. Furthermore; you should be aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before it enters into a default situation. This limit has expired. As you are no doubt aware, section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.
  4. pencil
    Should I request a CCA agreement again in the reply form, or refer them to my request for one in 2014? This is the reason the debt is in dispute in the first place.
  5. pencil
    I have received a letter of claim, which I believe is a PAP. I have ticked box 4 'I Dispute the Debt' and will explain on a separate page. A few questions, what should I say on the letter, should I enclose copy letters and do I need to sign the form? Name of the Claimant ? Drydens Fairfax solicitors Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22nd October 2018 Particulars of Claim What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. -The amount owed is £9357.40 and no charges/interest are being added at this stage -A statement of account is attached -The agreement this debt relates to was entered between you and Student Loans Company on 12 June 1997 and assigned to Erudio Student Loans Limited on [no date] . A copy of the agreement can be requested using the reply form. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No What is the total value of the claim? £9357.40 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mortgage style student loan When did you enter into the original agreement before or after April 2007 ? Before Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No 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. Originally with Student Loans Company, sold to Erudio, Passed to Capquest, and then to Dryden Fairfax. Were you aware the account had been assigned – did you receive a Notice of Assignment? I received a notice of assignment from SLC to Eurdio. Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, a letter of termination and two 'default' letters [no default on credit file] were received during 2016, and in 2018 I received a letter apologizing that no statutory notices had been sent out since the period of non-compliance started, which the letter states was 15 Dec 2017. Why did you cease payments? When the account was sold to Erudio in April 2014, I asked for copies of the credit agreements under CCA rules, which have not been forthcoming. I received a letter from their legal council in April 2014, and a duplicate letter in Dec 2014, stating they are 'investigating the matters raised and will be in contact in due course'. As far as I am concerned the debt is in dispute. What was the date of your last payment? I last deferred in April 2013. Was there a dispute with the original creditor that remains unresolved? As above, I requested copy agreements under the CCA as soon as it was sold to Erudio. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No
  6. pencil
    It was indeed an offer of discount, for 30%, with two weeks to reply. Here is the letter with the dates. Capquest-Erudio-Discount-Letter.pdf
  7. pencil
    This week I too received a PAP from Fairfax. It's been 5 1/2 years since I last deferred and acknowledged the debt 4 1/2 years since Erudio contacted me in 2014 to say they were managing my student loan and asked me to complete their form, which apparently would have amounted to a new contract with them, so I did not. At the time I sent a CCA request by recorded delivery which has still not been provided, therefore the debt is in dispute I believe. I replied to them a further two times during 2014 and simply reminded them of the CCA request. I have not responded to them since. In the four years since I have received a default notice for 2016, a letter of termination, a letter apologising for missed statutory notices, a letter saying capquest would manage the loan with an offer of settlement, and now the letter stating it has been passed to Drydens and the PAP. I intend to dispute the claim on the basis my CCA request of 2014 has not been fulfilled and therefore the debt is in dispute. Is that satisfactory? Is there a template I can use to craft my response to the PAP?
  8. pencil
    I received a letter last week stating the account had been transferred to Drydens. I submitted a CCA request nearly 5 years ago by recorded delivery, which was never fulfilled, I later reminded them of it in a following letter, and I haven't spoken to them since. Could I bat away a CCJ claim on those grounds? Coincidentally, it has been almost 5 years since Erudo bought the loans and lots of people questioned the new terms.
  9. pencil
    Thanks for your responses
  10. pencil
    Can anyone offer me advice about this issue? When Erudio first contacted me in 2014 I refused to fill in their new credit form, and asked to see the credit agreement, which they have not provided. After a number of months I wrote back stating the account is in dispute, that was almost five years ago. I have received a few 'notice of default' letters since then but my credit score remains in the high 900s. Last week it was passed to an inhouse DCA. I received a number of missed mobile phone calls and they have also asked for information about my situation by post which I have not responded to. My question is what is the likely chronology of approach by the DCA and how should I proceed, do I have to respond to their advances, and if so, how and when? Thank you in advance.
  11. pencil
    Hello and thank you, A friend has been summonsed in a private prosecution regarding a 'grossly offensive' comedy song posted on a political youtube channel. The defendant claims it is a vexatious litigation by political opponents. What is her best strategy for defence? She did not send this video to the complainant or address it to the group they represent, they sought it out and chose to bring a private prosecution because they don't like the message.
  12. pencil
    Hi I parked in a council car park that offered 30mins free. I didn't notice I needed a ticket anyway as that bit is in small print, but I set my stopwatch as I am law abiding. When I got back to see the motorist exploiter hovering around my car, I had been gone 16 minutes. I photographed my stopwatch on the windscreen showing a time of 18mins. I argue that the ticket solely serves as proof of time parked, and as I have photographic proof I was parked no longer than 18mins, and the attendant has no evidence of how long I was parked, I did not commit any offence. Will the adjudicator throw this out. I feel robbed and it's a point of principle. 30 mins is free and I was parked for 18.
  13. pencil
    Can anyone help with this?
  14. pencil
    The loan was one of 250,000 sold off cheap by the government. Erudio Default Notice.pdf
  15. pencil
    Hi, I have a DCA bothering me about a loan. I asked for a copy of the alleged CCA agreement over a year ago, gave the DCA multiple opportunities to provide it, and it still has not surfaced. This week I received a 'Notice of Default' for 28 days hence. How should I respond? Thanks in advance for the advice.
  16. pencil
    I have to say I'm disappointed with what little advice I've received.
  17. pencil
    The mechanic said the flywheel is made of hardened steel, the clutch disc isn't. He said he is willing to vouch for me.,
  18. pencil
    I asked the new mechanic if he was serious and he said it was backwards when he took it off and that's the only possible reason for the grinding down on and around the springs, which are also loose, as nothing contacts that area if the plate was in the right way round. I gave the previous garage a 3 piece clutch kit, but the new mechanic said they should have replaced the other component (pictured) and that's what caused the bearing to explode, which caused the new breakdown. All in all, a bad service. Before I make a claim, is it possible, and should I ask for a simple refund (£200), or cost of the new clutch job plus travel/hotel expenses as well from breakdown (£500)?
  19. pencil
    The mechanic said he took it off backwards, and it didn't damage the flywheel because that is hardened steel. I have the clutch for evidence, there is nothing on the other side that could cause the damage to the clutch springs
  20. pencil
    I asked a garage to install a 3 piece clutch kit that I provided. When I picked the car up from the garage, they were sheepish and wouldn't look me in the eye. Two problems: it apparantly also needed a cheap Guide Sleeve for Clutch Release Bearing, which I didn't provide, and which has caused the bearing to now break, and, the new mechanic said the clutch DISC was on backwards when he took it off, and was grinding down against the flywheel, and is to coin a phrase, f***ed. The original garage mentioned on the reciept the bearing squeeks, and the new mechanic said that is because the clutch bearing sleeve wasn't replaced. Could I make a small claim for new clutch and hotel/travel expenses?
  21. pencil
    How many models of car have you tried it on, out of interest? It depends on the model of car whether you can drive with the clutch plate backwards or not. Can we nip the 'You can't do that!" posts in the bud early on please, two out of two is plenty, the clutch was taken out of the car and it was backwards.
  22. pencil
    Garage installed a new clutch plate BACKWARDS six months ago in my volvo which broke during a long drive away, que new repair needed plus lots of expenses. Shall I start with a notice before action, including copies of receipts etc? What is the garage liable for and what do I need to do? Thank you in advance.
  23. pencil
    I would say it is prudent not to make any payments if the company cannot provide you with proof that you signe for the alleged debt. Otherwise, anyone and everyone could send you demands for 'owed money'.
  24. pencil
    Hi, I have my P800 calculation from HMRC which states I underpaid tax in 2012. Upon investigation this was because my employer at the time did not pay the taxman when they paid me. Now I am left with this lump sum. Do I have to pay it, or should the employer pay it?
  25. pencil
    Sometimes Paypal takes money out of your account a week later, by which time there is no money on there and you go overdrawn. Take your bank information out of your Ebay profile in teh automatic payments section.. Pay by cheque, don't use Paypal at all, it is naff. Better, don't use Ebay at all because there are better value alternatives like eBid.

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