I've tried speaking to them on the phone – they said they will investigate with the third party to see if any payments have been made, but have also confirmed that they no longer own the debt and it has been sold. Which makes it irrelevant – and underhand if they're also using the interest amount on that loan to reduce their offer.

Hi there, Hoping you can help with a quick question! I made an irresponsible lending complaint to Quick Quid (loans for over six years ago) and they have come back with an offer. I'm just wondering what the correct procedure is if there was still a balance on the account (one loan unpaid) – as I mentioned though now over six years old. They sold on the debt (I have an email from back then telling me they are no longer the legal owner), and I did make a few small payments before I received a default for it. They have agreed that six of the loans were unaffordable and have offered full refunds, but first they want to use two thirds of it to 'waiver' the outstanding amount – my question is can they do this considering a) they sold the debt so surely that should no longer be a factor and b) the amount they want to 'waiver' includes the interest on the original loan – even though they agreed that last loan was unaffordable and the 'straw that broke the camel's back' so to speak. I've tried calling them but they said it's policy to take the redress off any outstanding amount first and they have asked the third party for details of any payments made but they haven't come back to them yet so won't adjust it until they do. Shall I just forward to FOS? Any help would be appreciated!

Hi there - just wondering if there is any way of accessing years-old credit reports? I paid for an Experian account at various times on an off over the last 10 years, but each time there is a break in the subscription, the history obviously ended. I'd really like to be able to look at my credit score historically but there doesn't seem to be a way to do this? Or is there? Thank you!

Thanks Andy! If I am now paying TM Legal services – to get my CCJ marked as satisfied as soon as possible, do they legally own the debt? It all essentially still the same company isn't it? I just can't put a reclaim in to them

Hello all, it's been a while but was hoping to get some advice. In terms of reclaiming from PDL loan companies that have gone poof, where does the land lie? I put in a claim to 1st Stop and apparently my loans were issued when it was operating under Clear Recoveries....now dissolved. Same address though etc. Pfffff. I'm still making payments on this loan to TM Legal as was issued a CCJ (18 months left on it)...but REALLY wanted to do a reclaim. Is there nothing that can be done once the company has gone under? Thank you!

So, more detail: The judge said that even though they didn't have the original default notice, she knew of no reason / case law why the one that they had issued themselves, after being assigned the debt, wasn't valid. (This default notice is shown in #36 if you need reminding of it.) She went through the wording/dates etc of that with a fine tooth comb and said in the absence of the original, which the claimant had already admitted they couldn't obtain, issuing their own was valid to pursue?! I think this is an important point for anyone else reading this who are defending a similar claim as I was relying on the fact they couldn't issue their own! More on the topic of a default notice though, it was then argued by BW that in this instance a default notice wasn't even needed as there was no agreement to terminate as such (short term loan) and that the DN they had issued was more a chance for me to rectify rather than being vaild to enforce the debt - they went back and forth on this over Section 87 and discussed the 'end' point of an agreement in relation to interest being added and the debt being assigned etc. Lost me a bit here, but the DJ didn't knock it out of the water it seemed that one wasn't needed. It was the agreement though that was fatal due to MEM financial being signed on the agreement and that the claim was issued in respect of a debt with Instant Cash Loans (TA PDUK). They discussed the assignment of the debt in a bit of dept, but the DJ wasn't happy without seeing all the proof/debt sale agreement/deeds that these parties (MEM, ICL, PDUK) were all connected. Hope that makes sense how I've explained it. When summing up, the DJ did highlight the irony that it wasn't actually my singular argument about the DN that caused this claim to fail but other points that she was't satisfied with. In short, I think I came across pretty dumb and that the otherside appeared as smarmy chancers. But I'll take the win!

Sorry, I'm typing quick because I'm on the move, but I'll update fully later. It's worth a mention though, that I didn't win based on my argument (lack of original default notice) but rather the bad-assery of the female judge who pulled apart some other stuff. Thrilled and THANK YOU for inspiring me to be strong. I will of course be making a donation.

yeeesss!!!

I think you need to move this thread ))))

Ok, yes thanks. "Some do, some don't." Cripes.

Andy – Then you'd advise taking that?

Tomorrow! Any advice for me?

So my hearing is this week. Wish i could take a couple of you along with me in my handbag Joking aside, I have a couple of questions about my defence: 1. Considering they have provided an agreement and note of assignment, and only a reconstituted default notice, how are they likely to argue against the need for an original DN. Considering the outcome of this thread.... https://www.consumeractiongroup.co.uk/forum/showthread.php?486774-BW-Legal-Lowell-Vanquis-Court-hearing-in-2-days-received-witness-statement-only-this-week!-What-should-I-do/page5 2. Should I lose, what costs would I be looking at? Thank you as always.

Thank you...and are they likely to bring along anything to the hearing that wasn't disclosed in their WS? If they have stated they aren't able to obtain a copy of the DN, will this still be the situation at the hearing?

Hope you're all enjoying the sunshine! Is there anything else I need to do prior to my hearing. Am I able to take someone with me?

Here is my WS – any comments would be gratefully received XXXXXXXX 1. I am the defendant in the claim. 2. In response to the Claimant's Witness Statement: On xx I requested relevant information from the Claimant under CPR rules on 26th October 2016, in particular, to get proof of a Default Notice and full disclosure on which the claimants claim relies upon (pages xx-xx-). To date, I have not received the requested Default Notice, or evidence that a Default Notice was served. 3. In the Claimants Witness Statement (para 14-20, para 52, para 69), the Claimant states they have been unable to provide proof of a Default Notice or that one was ever sent, only speculating the date when one might have been served (para 14). The Claimant believes that the non-production of the Default Notice is not fatal to its case (para 70.) Under section 87(1) of The consumer credit Act 1974 the Claimant must serve a default notice before they can demand payment under a regulated Credit Agreement. Failure to serve a default notice is an unlawful rescission of contract, which would not only prevent the Court enforcing any alleged debt, but also allow a claim for damages. The claimant has not provided the Default Notice necessary to maintain this action against me and thereof this action must fail as it represents a denial of the consumer rights given to me under s.87 of the act. The claimant refers to termination of the agreement (para 19) yet makes only a vague reference to when a valid Default Notice might have been served (para 14) – and are providing a reconstituted copy of this that they have created from a template (para16). There are no dates on this reconstituted Default Notice and the credit agreement number on this reconsitituted Default Notice bears no relation to the credit agreement number for which the Claimant is referring to in their claim. The claimant is also unable to provide evidence or disclose any paper trail that a vaild default notice was ever served. It can only be adduced that the Originating Creditor never served said Notice on which is pivotal to the Claimant claim. I the defendant will rely and refer to Woodchester v Swayne [1998] which demonstrates the importance of serving an effective default notice before taking 'the next step'. If financial institutions persist in treating the service of (and the evidence of the service of) default notices with contempt for debtors which in effect is allowing the creditor to overcome the protection afforded the consumer by sections 87 and 88 would be tantamount to permitting the creditor to circumvent the primary intention of the Act. The claim should be dismissed as the claimant cannot prove a valid Default Notice was ever served.

That's how it was sent – they have mentioned in their witness statement that because they are unable to access the DN, they have 'mocked' up what they think would have been sent at the time. Hence the xxx for dates. I have blanked it out, but the account ref number on this DN too was also completely incorrect.

Here is the docs bundle. I'd be so grateful if anyone gets chance to look at it this evening...I need to deliver my WS tomorrow. +65Mb of pdf file reduced to claimants WS .pdf

No, but they seem pretty confident without it!

Thank you guys. Here is their WS....please let me know if I need to blank out any more info. BW WS.pdf

Their's, including copies of docs, is almost 30 pages....do you want to see all that or shall I try and pick out the points?

Hello there...I've been waiting to see if I'd receive a WS/bundle, which I now have so I've been working on my WS and I need to get it off asap (is it ok to deliver on the 14th day, or does it need to be before the 14th day) For any advice/help do I need to post up the entire WS from BW? Thank you

•deets not deeds

So it had apparently been issued but just never arrived. They resent it so I now have the hearing date. I'll check back in with all the deeds this weekend to sort my next steps.

Reading this with interest!!