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moving on..

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  1. Just rang first credit to send a copy letter, they are going to email to friend and hopefully she will be able to forward that to me in next half hour or so and I can scan and post here.
  2. Friend is almost sure no DQ from First Credit. I rang County Court Business Centre and they say case was transferred to Reigate County court. Having rung the court and been cut off twice after holding on for over 20 minutes on each occasion,I have now sent an email .
  3. Received a letter from 1st credit 15th May Notice of change of legal Rep from Moon Beever. Small claims directions Questionnaire was due to be returned by 5th June. I returned it for friend at least 7-10 days before that , though cannot be sure or exact date . Letter from 1st credit on 19th May confirming there intention to proceed with claim. I think they have served DQ, as my friend requested a local court and I seem to remember her saying it was a Court in Reigate. ( I can confirm with her later today ). Letter from 1st credit dated 15th June enclosing copy of Signed application form Terms and Conditions and Copy Statement. Then stating 'We have complied with section 78 of the Consumer Credit Act 1974. ' ' In the circumstances we invite you to contact us with regard to settling this account to avoid costs and time in litigating. we look forward to hearing from you'. I called First Credit, in May, at that point they said they did not understand why the account was passed to them as had PPI dispute and CCA dispute. They said they had no knowledge of this.During that call, She advised they would most probably stay the claim awaiting executed agreement. I rang them again yesterday and this time they say they consider they have the relevant documentation and she said I should familiarise myself with Carey V HSBC 2007 and that the case will be argued in front of a Judge. She gave a time scale of 6 months for possible hearing and a timescale of 6 - 8 weeks to hear about that date. In response to CCA and from 1st Credit Only documentation received is '& more Credit Card application. For Some reason the copy from 1st Credit has a lot of highliting on it. The one from M and s does not. Why would they do that?
  4. Many Thanks. POC On 19/2/2004 The Defendant entered in to an agreement for a credit card with the original creditor under Ref No. XXXXXX . On 22/4/13 the Defendant defaulted on the agreement with the outstanding balance of £4200. On 28/10/14 the debt was assigned to 1st Credit (Finance) Ltd in the sum of £4200 by the creditor statutory notice of assignment was sent to the defendant and the claimant claims 1) The sum of £4200 2) Statutory interest pursuant to S.69 County Courts Act 1984 at 8% per annum from 14/11/2014 until Judgement or Sooner payment. 2. Value £4200 rounded 3 .Credit card claim 4.Original agreement 2004 5.Debt purchaser issued claim 6.Am sure NofA was received but no mail was opened for many weeks, I have not seen it. 7. As above 8. unsure 9. Payments ceased, severe financial difficulties. 10. Last payment approx Sept 2012 11. PPI dispute with M and S around the same time .Used a claim company. PPI returned on other cards and balances paid off. M and S did not pay out. I am unsure of status now. 12. Do not think any communication re' financial situation DEFENCE 1) I received the claim XXXX from County Court Business Centre Northampton, NN1 2LH on or about 27th March 2015. 2) Each and every allegation in the claimant’s Particulars of Claim is denied. 3) This claim appears to be for a credit card Ref: XXXX an agreement regulated under the Consumer Credit Act 1974. 4) The claimant’s statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim. 5) The claimant’s statement of case states that the account was assigned from ( ) to 1st Credit (Finance Ltd) on 28/10/2014. The defendant does not recall receiving Notice of this Assignment. 6) It is denied that the original creditor ( ) served any Default notice on the Defendant pursuant to S87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default notice was served upon the Defendant. 7) On 8th April, via telephone, a verbal request was made for inspection of documents mentioned in the claimant’s statement of case. Under Civil Procedure rule 31.14, I made this request to Moon Beever. I requested copies of the agreement, default notice and notice of assignment. 8) On 19/2/2013, I sent a formal request for a copy of the original agreement to Marks and Spencer pursuant to Sec 77/78 of the Consumer Credit Act 1974, along with the statutory £1.00 fee. 9) The claimant has failed to comply with S77 (1)/S78 (1) Consumer Credit Act 1974 and by virtue of S77 (4)/S78 (6) Consumer Credit Act 1974, cannot enforce the agreement. 10) Under CPR 16.5 (4), where the claim includes a money claim, a Defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money claimed is owed. 11) I Request the court orders the claimants to provide the necessary documentation for me to fully plead my case else the claim should stand struck out. The Defendant believes that the facts stated in this Defence are true.
  5. Hi , I am writing this on behalf of a friend. Original CCA request to M&S in early 2013, not complied with and an application form received , ( and more card 2004. ) This was passed to First Credit, my friend had housing issues so did not become aware of the correspondence from them until a claim form from Northampton. I helped her with the defence, no CCA. I spoke to the legal dept at First Credit as friend received another copy of the Application form, and they say they have now complied with the CCA. The 'Lawyer' from first Credit said they believe they have enough to argue at court , she said did I know about Carey V HSBC 2007 and that having signed the form it means the T&C are complied with. At the moment Allocation Questionnaire is completed and awaiting a Court for the hearing. I know this is wrong, I thought no CCA was a complete defence but am not sure what arguments/casework we will need to present at Court.? Any help would be gratefully appreciated. Kindest Regards
  6. All those still unpaid will now know where he is! http://www.lancasterguardian.co.uk/news/business/bedrooms-sold-off-to-fund-new-hotel-plans-1-6847866
  7. How can this disqualified Director be allowed to carry on? http://www.companydirectorcheck.com/jonathan-neil-bromage moving on
  8. A small donation, so wish it could have been more I am humbled and honored to have been helped on so many occasions with words of support and wisdom from such a wonderful man. RIP Martin x
  9. Good morning A friend has asked me to help appeal a pcn received. Her elderly mother has been staying with her since April after selling her property and not yet finding a new home. Since April she has, on most days, paid for a parking ticket the evening before to allow for two hours parking in the morning. Now I am confused as to if this is acceptable practice?..it appears she has bought the tickets the evening before (after end of restricted parking hours) since April , has received approximately 5 pcns (only recently ) appealed one and was successful. I have not seen the letter of appeal or response, but before I can think to offer any help/compose letters I just wonder what the legal position would be! I have not heard of pre paying parking this way before , but apparently it happens..and if she has paid this way daily since April and it was not allowed why has she not received more tickets? My friends mother is 77 and getting quite anxious about it all, and I think just needs clarity on the practice of paying for parking from pay and display the evening before? My friend believes she has paid for the two hour parking whether paid the evening before and the meter allowed it....I believe the warden would look at the ticket and take the timings from when the ticket was purchased even if was out of hours and the machine accepts it!....but I cannot understand why she would not have had more pcns from April until now! Many thanks
  10. My position was on a self employed basis, document collection agent..when I applied for the job Christian did say they would be looking to employ full time in the London area..but of course it never got to that! I know there are employed staff, (as opposed to self employed) there were at least 8 booking agents in the office when I visited, the majority of whom I would say were very pleasant when booking appointments etc...just wondering if by not paying self employed agents own staff are paid. ..just a thought as there is certainly no logic to the situation I and others found ourselves in!.
  11. Good Evening All Just an update..I did manage to secure second payment bar £40. The process was exhausting..endless emails, complete dismissal and constant ignoring of me by the directors and key staff, all considered me just a nuisance! But I persevered, e mailing daily. My only consolation was that I had kept 2 completed solicitor packs, without these I am not sure they would have considered paying me. As it was payment was 3 days late, and only after a final e mail from me stating that I was going to take the completed packs to the solicitor and inform them of xpressdox non payment that Christian paid me later that evening. This company seemingly has nothing but contempt for many of its field agents, it should not become an acrimonious battle just to be paid! I worked hard for xpressdox, achieving 100% sign ups, and even then they called me'crazy' and 'deranged' when I dared to ask for payment for a job well done! I really hope this thread helps others, as I am sure there will be many others battling to be paid. Please add to this thread. This whole debacle has knocked my confidence for 6 and am not sure what lays ahead for me with jobs being so hard to find in this climate, but, it is with great thanks to CAG for all your support and good will - without which I do not think I would have had the confidence or belief to have visited xpressdox offices and get what was owed. Thank you once again your support is invaluable. with kindest regards moving on..
  12. I too spoke to the Insolvency helpline, as on my panel appointment agreement it states 'xpressdox is a trading style of Jural Legal Services Ltd..company registration no .7483062, but Xpress Outsourcing Solutions Ltd are a separate entity. Reg 07999243 and still active. I then spoke to O.R office in Blackpool, Jural Legal Services Ltd were wound up 18th June 2012 .( 1919 -2012) case officer is Lynn Clare.(01253 830769).All they can do is add any agents to the list of Creditors.(: regards moving on
  13. Hi Just an update I had such an awful week, no sleep, no money, bills to be paid etc etc and was so infuriated by Xpressdox never ending, changing pathetic excuses re; non- payment and lack of response to various emails that I decided, out of pure frustration,to hand deliver LBA. I am not going to go into the unpleasantness of that 'meeting', ( them not me!), but I did leave with a cheque for part of the monies (£605.75). which has since cleared. Outstanding monies are still due but have given them until 18.7.12 to pay or else the LBA exercise will be repeated and documentation that I still have will be hand delivered to the relevant solicitors and xpressdox failure to pay will be highlighted to them! Quite a few other agents have contacted me, and I have urged them to add their experiences to this thread...if this thread helps one more person to avoid the situation I have had the misfortune to find myself in then it will all be worthwhile. I will keep you all updated as regards to the next payment. Thank you for your support thus far. kind regards moving on
  14. Shall I use the latest address or the one on the bottom of panel appointment agreement? and they are Xpress Outsourcing Solutions Ltd??.I only know them as Xpressdox. Many thanks
  15. Address date Dear Mr Christian Bromage, LETTER BEFORE ACTION This letter gives formal notice and should be considered as meeting pre-action protocols before County Court action is commenced. Despite contacting Christian Bromage of whom you are listed director, you have failed to remunerate me for monies due and payable for services provided as agreed. I have accepted the interim payment, but since that does not represent the whole amount due, this Letter Before Action will be adhered to. My services were provided on the basis of good faith and contractual obligation that payments for services would be made on 15 June 2012 allowing a further 3 days for BACS transfer therefore payment by 18.6.12 The amount overdue and payable now is £705.75 which represents services and work provided, completed and undertaken between 1.5.2012 - 31.5.2012, £185 for services and work provided, completed and undertaken between 1.6.12 - 18.6.12 plus £13.05 agreed P&P charges. Total £903.80. Should the full amount not be payable within the next 7 days then I will commence a small claims action without further notice and be seeking costs and interest. I trust you will now deal with this as a matter of urgency. Yours sincerely moving on
  16. Good morning all Well full payment has not materialised..so onwards with a Letter before action Thanks for all input so far. 42man, I did see advertisements on job centre site in March /April..and I have just come across this that looks like it has something to do with Direct gov website.http://www.dgjobs.co.uk/employers/xpressdox-jobshtml.......lots of adverts I will post a LBA and appreciate any comments/alterations:) Just one thing, am confused about where to send it....the registered address I have on the bottom of Panel appointment agreement is Xpressdox is a trading style of Jural Legal Services Ltd 14 The Pavillions, Avroe Crescent Blackpool Business Park Blackpool FY4 2DP(registration details are given). The address they are now using differs to keystone House , Avroe crescent Blackpool FY4 2DP, they moved here sometime early May.....(looks very close to other address!!! Many thanks moving on
  17. Good evening all, Sorry for the delay in replying, freaky leaky the company is Xpressdox based in Blackpool. I did receive an email earlier today stating that they' hope ' to pay me by Friday and that they are having issues their end and missed the payment deadline..am not sure how BACS transfer works, so will have to give them the benefit of the doubt. I will update on Friday. very many thanks moving on
  18. Good Morning I am looking for some advice and support as now really fed up! To cut a long story short, self employment ending in March, role I was in was made redundant... received JSA for approx one month and then found a role as document collection agent via Job centre website on a self employed basis. Started part time first month and was paid, second month increased my hours and to date the company owe me £990 (approx 6 weeks) Invoice was due for payment this week, so early days I know, but all attempts to contact them have been ignored, and all the director has said is that they are 'playing catch up due to Jubilee weekend'!, .. . subsequent attempts to contact them have been ignored. This is where my heart sinks as I did some on line research as alarm bells started ringing and it appears there are other field agents, being owed money, I just do not know what to do. Should I prepare a letter before action and need to know what agencies I should inform about their practices? Above all I need to get monies owed to me..I cannot afford to carry on. If needs must and I have to apply for JSA , how would I stand?. .they have not sacked me and I guess the role is still there!.. but talking to an agent who has already instigated County Court proceedings and won by default, payment has still not been made., so I am not prepared to take on any more appointments. Apologies for going on , but am pretty fed up this morning. moving on
  19. Hi Just an update, three have now recalled and cancelled the alleged debt. This has been over 3 years of hassle, with many telephone conversations and written requests from myself to get the matter sorted. My very last unpleasant conversation with Bryan carter and their threats of legal action they still stand by, and tell me I had put nothing in writing to resolve the dispute, although i do have a letter from them stating that they had contacted their client and there is an outstanding amount owing ..though how they did that without my written permission is confusing! I also have a default on my credit file from three. Is there anything I can do to complain about the appalling treatment I have received from a multitude of debt collectors over these past three years, as well as three not doing what they should have done 3 years ago. Bryan carter say I have no complaint against them as they were following instruction, and my complaint should be with Lowell and three network? Also would it be worth trying to get the default removed? many thanks
  20. Hi Thank you so much for your swift reply. Do I send the SAR to three network, Lowell or Bryan Carter? Many thanks Jane
  21. Hi I have just had a 40 minute phone conversation with an agent from Bryan carter. Back in 2005/06 I cancelled a contract with 3 network as I had not the expected coverage. This was agreed verbally over the phone and I heard nothing more. In 2009 it appears that Lowell Financial defaulted me for the amount of £286.05. I have asked repeatedly for telephone records confirming the cancelled contract, three network wont talk to me about it..Lowell tell me I owe the money and now Bryan carter say I cancelled the contract incorrectly and that I acknowledge the debt as I paid £1.98 in August 2008!!..Though I dispute this and they cant or as he said don't have to proof it! As of today they say they are beginning County Court procedures. I just need some help to end this nightmare......I do not have the old telephone number, contract or telephone call records even though i have asked for this repeatedly..Bryan carter say a subject access request does not work for telecommunication debt and i should have disputed it via ofcom and kept all the paperwork....I did not even know I allegedly owed anything until 2009/10. How can I sort this.....I have asked for proof of notice that Lowell owned the debt, Bryan carter say they do not have to provide this. Any advice would be greatly appreciated. moving on
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