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Next directory making a claim & CCA * WON OUT OF COURT *


MoonHawk
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Oh dear, I wonder if they would like to try for Double or Quits ;)

 

So I assume that these statements came from Next and not Moorcrap.

No Hello/Goodbye, for shame they obviously don't like you ;)

Who to take it to is another question, but probably TS for starters.

Be VERY careful whose advice you listen too

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LMAO @ Double or Quits.

 

The first statements which include the 2 final ones came from Next in response to my first letter. They also came from MLS after my complaint but sans the last 2. Which now seems obvious why.

 

No. No hello or goodbye letters. But it was my wife's account... not that they like me now anyway :D

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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I have got clarification from Tomterm8 apparently they are allowed to have someone else deal with everything and are not breaking any rules. Odd as that may seem to me.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Just to clarify, they are able to use an agent, however they are entirely liable fofr the conduct of that agent.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Admittedly I think this is a bit more than a simple agent/client setup, but there you go.

 

I would tend to agree with you, since it seems the "client" doesn't even know what they "agent" is doing. My own assessment is that the DCA has probably bought the debt, at least in an equitable sence. Nevertheless, it is conducting the court action as an "agent" rather than owner.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 2 weeks later...

Nearing a positive conclusion. Will post up details of all that has occured since the 17th once it is over.

 

Thanks for all the support and especially the assistance from Tom and Curly.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Still on-going. I think they were trying to be sneaky in their letter for me to agree to certain things. So a response is going out. I am still wary to put anything up yet as it is in court. But will do so as soon as it is over.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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  • 1 month later...

Hi Moonhawk

 

Subscribing.

 

Your brilliant Defence will be so helpful to me right now in my battle with Lloyds TSB so I hope you and TomTerm don't mind me adapting it. Car2403 directed me to your thread for which I am so thankful to him as I have been having nightmares about the whole scenario.

 

Mine is http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81224-spiritgirl-various-dcas-26.html if you want to have a peek.

 

Many thanks in advance

Love SG x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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No at all Spirit. I'll have a look at yours and see if I can input.

 

I have not updated for a while as it is in negotiations, but I should be able to post some major updates soon.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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  • 4 weeks later...
Any further updates Moonhawk?
Yes but you will have to wait a little for the case to complete :)

 

Are you admitting debt? e.g still paying?
No.

 

P.S. They are being crafty in a MCOL to my wife, there is no mention of the Consumer Credit Act, it states for the supply of goods/services
They might have a learnt a little, but they will still need to show the documents proving the existence of the agreement.

 

I would immediately send them the CPR letter if you have not already done so.

 

Also put up the link to your thread so we can keep an eye.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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  • 1 month later...

Hi Sue.

 

It is all now done and dusted. Thanks goes to CurlyBen and TomTerm8 for their amazing help.

 

I have just put up the full details on my personal site . To save me time of having to put up all the extra communications here, you can go take a look.

 

Basically they have withdrawn the claim and the account is set to zero with the CRAs.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Cool. I'll change the title to " *WON OUT OF COURT*"

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thanks Tom ... without your help it would not have been so easy mate.

 

And cheers SG ... hugs back at ya :)

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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Share on other sites

Interesting Moonhawk...

 

I'm in Court with Barclays on Friday morning - be looking forward to seeing what a Judge has to say on this particular issue. (Not least because Barclays have missed their FINAL, FINAL, FINAL settlement deadline of 4pm today!)

 

Well done - this is one of the better deserved wins, IMHO.

 

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I'm in Court with Barclays on Friday morning - be looking forward to seeing what a Judge has to say on this particular issue. (Not least because Barclays have missed their FINAL, FINAL, FINAL settlement deadline of 4pm today!)

 

 

 

Good luck Chris! I will be thinking of you and sending you oodles of positive vibes for the morning ;) Please can you give me a link to your thread so I can have a read???

 

Love SG x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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