damn re post 26 annual statements disregard "alteration to 08-2016" should have been notice of sums in arrears "plus 1 in 2016 as alteration." sorry

Hi Andy Contact with OC was only ever through email, setup notifications etc after postal delivery of a flyer. I have trawled through emails and all I can find are the following: Annual Statements – [1] -08-2016 [1] 09-2016 (alteration to 08-2016) and [1] 2017 Notice of Sums in Arrears – [1] 2016 and [1] 2017 Default Sum Notice – [1] 2017 quote from email “The payment of £xxx was due on xxxxx 2017. As this payment is now overdue, we have charged a £12.00 late fee (Default Sum). This £12 is the total of all Default Sums included in this notice. This Default Sum became payable on xxxxxx 2017.” No default notice. No notice of assignment. For confirmation they have my full name and postal address.

hi dx thanks once again for correcting me I suppose after reading so much I am getting bogged down in the details that do not matter T

hi dx yes I did receive a letter of claim. but the details shown below in bold are not contained within the l.o.c therefore is it a l.o.c under PAPDC? extract from PRE-ACTION PROTOCOL FOR DEBT CLAIMS 3 INITIAL INFORMATION TO BE PROVIDED BY THE CREDITOR 3.1 The creditor should send a Letter of Claim to the debtor before proceedings are started. The Letter of Claim should – (a) contain the following information – (i) the amount of the debt; (ii) whether interest or other charges are continuing (iii) where the debt arises from an oral agreement, who made the agreement, what was agreed (including, as far as possible, what words were used) and when and where it was agreed; (iv) where the debt arises from a written agreement, the date of the agreement, the parties to it and the fact that a copy of the written agreement can be requested from the creditor; (v) where the debt has been assigned, the details of the original debt and creditor, when it was assigned and to whom;

2nd attempt at defence. if nothing else I am stubborn. 1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number ********** 2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured. 3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment. Note: The above is paragraphed by the Defendant. Defence based on prior communication when no response to request for documents. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 1. The Claimant claims 1739.60 is owed under an unsecured loan agreement with AvantCredit. I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 77 request. The claimant has failed to supply a copy of the signed agreement as per my request dated 04-01-2022 and on 26-07-2022 by recorded delivery and is in breach of the section 77 request. 2. Paragraph 3 is denied. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law of Property Act 1925, allegedly served on the defendant, from either the Claimant and or AvantCredit. 3. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have not complied to my section 77 request and remain in default (and with regards to my CPR 31.14 request). The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim. Remove between the brackets?? or leave 4. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974; © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. as always thanks for all the help T

Hi dx thanks for comments will sort it out T

evening all first attempt at defence, please feel free to tear it apart with criticism, preferably constructive. 1.The Claimant claims payment of an overdue balance in the sum of 1739.60 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number ********** 2.The Defendant failed to maintain payments in line with the Agreement and the Account has now matured. 3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment. Note: The above is paragraphed by the Defendant. Defence based on prior communication when no response to request for documents. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. (v) where the debt has been assigned, the details of the original debt and creditor, when it was assigned and to whom; 1. The Claimant claims 1739.60 is owed under a regulated loan agreement with AvantCredit. The Claimant’s Particulars of Claim fail to state when the agreement was entered into. I do not recall the precise details or agreement. I have sought verification on 04-01-2022 and on 26-07-2022 by recorded delivery from the claimant, and the claimants solicitor, by way of a Section 77 and CPR 31.14 request who at this date are yet to fully comply. 2. Para 2 is noted. The Claimant has failed to provide a complete set of statements detailing exactly how the debt has accrued including but not restricted to, all transactions, any additional charges, be them by the original creditor, or the debt purchaser, or any predecessor Debt Collection Agency. Details of all contractual interest added by whom and on what date and a list of all Payments made towards the Agreement. 3. Paragraph 3 is denied. The Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law of Property Act 1925, allegedly served on the defendant, from either the Claimant and or AvantCredit. 4. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have not complied to my section 77 request and remain in default with regards to my CPR 31.14 request. The claimant with their none compliance to my requests have frustrated my attempts to clarify their claim. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I know its not due yet, but I hope I have it somewhere near right. T

Hi time for update Posted mail 27-07-2022 CCA to Claimant to post recorded inc £1 P/O unsigned uncrossed 27-07-2022 CPR 31:14 to sols post recorded Yes I know no need for recorded but I like to have proof mail Received 28-07-2022 Claimant Redirection in place - item forwarded 28-07-2022 CPR 31:14 to sols received and signed for Presume redirection is to claimants sols? 04-08-2022 bothered by sols emailing again despite telling them in a letter 04-01-2022 to use post only So as per dx advice replied to email using near enough his words reinforcing the point post only. Will ensure I comply with posting defence by 4pm 19-08-2022. Thank you for the rebuke dx, sometimes I need it.

thanks Andy for fast uptake

In searching for information re my problems I looked at statute barred debt by Bankfodder. I used the hyperlink for the fshandbook.info, and it took me to a Japanese site called "Coincheck"? Can someone please investigate, I do not think its harmful but it is a mis-direct. Posted June 6, 2014 (edited) This is a very important chapter and needs careful reading http://fshandbook.info/FS/html/handbook/CONC/7/15 Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period. ty

1.apologies so therefore next working day by 4pm which is 22nd 2.original creditor was only ever contacted by email and or web site (part of the green initiative) no post received from OC despite them having address. now claimants sols are using email texts and phone calls in attempt to contact. in previous letters to them 19-12-2021 I added a line at the end stating "All communications by letter only please." managed to block phone number but cannot block emails on gmail. any advice? ty

thank you for reminder if my math is correct: issue date 20-07-2022 plus 33 days defence date 21-08-2022 latest which is a Sunday

Hi CCA and CPR 31:14 posted today now to read up on Perch TM Avant etc and wait for replies

Hi CPR and CCA in same envelope save a stamp? things are tight as we all know

Hi apologies for basic mistake in post 20 I should know better re post 22 MCOL completed CCA posted to sols 04-01-2022 reply is post 14 in attached doc CPR 31:14 completed and will be posted tomorrow

Which Court have you received the claim from ? County Court Business Centre NN1 2LH MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant ? Perch Capital Ltd Date of issue – 20th July 2022 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The Claimant claims payment of an overdue balance in the sum of 1740 incurred by the Defendant under a AvantCredit, Unsecured Loan, account number .... 2.The Defendant failed to maintain payments in line with the Agreement and the account has now matured. 3.The account was then subsequently assigned to the Claimant and the Defendant has been given notice of the accounts assignment. What is the total value of the claim? 1739.60 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Yes Why did you cease payments? Financial constraints problems What was the date of your last payment? 30th January 2018 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No CCBC J8K15K97_REDACTED.pdf

Thanks dx Will check credit ref and sort paperwork tonight

Hi mantis shrimp I agree totally that he needs to grow up, he thinks he can tell/control what she does regarding the child. Daughters new partner has his own business with confirmed bookings for many months in advance, so they would definitely be returning to the UK. Regarding France my daughter prefers home, they are only going to Disney for the child. thanks for advice

Hi Andy thanks for links will read up and talk to daughter about it.

Hi I am asking on behalf of my daughter. She is a single parent, never married, with a 3 year old child, she is in a new relationship and the person she is with treats the child as their own. She has applied for and received a passport for her child so that they can all holiday in Paris for 7 days this year. The child's father, (who has very little to do with the child only visitation rights granted by my daughter) is now stating that without a letter of permission/consent from him she cannot take the child out of the country. He has stated that he will write the letter 2 or 3 days before travel, which is no good if he changes his mind. One possible complication is that he is named on the birth certificate. Childs father knew about holiday before it was booked and paid for. Where does my daughter stand on this issue? Does she require legally a letter of consent? as always many thanks for advice

Hi paperwork sent as post 12 pap reply to Solicitors CCA to sols client only reply received is attached and redacted thanks dx 2022-01-17 TM reply to my LOC reply awaiting Pwork.pdf

babbling correct -- sorry

OK plan of action send to: 1. OC = CCA + CPR 31.14 2. debt purchaser = CCA 3. master servicer on behalf debt purchaser = CCA 4. sols of debt purchaser = CPR 31.14 presume I need separate envelopes for 2/3/4 even though all at same address but different names? ty

as you say in your tag line dx "If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight.." and it is so true you personally gave me the confidence and the tools to fight. O/Half ( andyorch knows who I mean) says a massive thank you for the support you have given me to get through this thank you dx and CAG donation on its way Words of Advice to anyone using CAG for the first time. What you need to understand from the start is that this is a self help forum. Yes you will be offered advice about your situation. Yes you will be pointed in the right direction to find forms / documents etc. BUT it is up to you to do the research and reading as necessary. YOU will not be spoon fed the answer to your particular situation, because every case is different and there is not one answer to cover every case. My first post was on July 20, 2019. It has taken until today December 12, 2021 for the case to be discontinued. I was only successful because of the perseverance of the people who run the forum, I felt like giving up more than once but they got me through it. Thank you again to dx100uk and Andyorch

thank you for the praise but the praise is not mine it belongs in total to dx100uk and Andyorch in particular. if you had not pointed me in the right direction and pushed (dx) I would have thrown the towel in months ago