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Post by nautilous on Wed Nov 07, 2018 7:57 am

So after 3 letters and a CCA request to Hoist Finance UK I received this. I think its funny that they are still going to persist in writing letters after admitting that the alleged debt is unenforceable, but hey ho it wastes their time and money!
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Post by daveiron on Wed Nov 07, 2018 8:48 am

Nice one nautilous,

I have one like it from PRA. I still get begging letters quite regularly .I always send a letter of rebuttal along with a further copy of letter 3 .

Worth remembering the maxim of law " he who does not deny ,admits ".

I now have about a dozen requests as per the 3 letters . This is purely in case someone in future tries to litigate .
I then have evidence that on x amount of occasions i have offered to settle upon proof of claim,and no such
proof has been provided.
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Post by Mrblue on Tue Nov 13, 2018 4:50 pm

Good afternoon everyone. Sorry, but may I ask what a CCA is in this context?

Thank you.
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Post by waylander62 on Tue Nov 13, 2018 10:44 pm

Consumer Credit Act request for a copy of the agreement

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Post by Mrblue on Wed Nov 14, 2018 6:14 am

Thank you waylander62 Smile
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Post by Mrblue on Wed Nov 14, 2018 7:59 am

Good morning nautilous, well done again!

When you say "after 3 letters" to you mean after the (new 2017) 3 letter template system for DCAs acting on behalf of Debt Purchasers? Or do you mean you used the 3 letter system for Debt Purchasers (assuming Hoist are a debt purchaser)? I'm assuming the latter or maybe both haha!

Also I'm new (even though I have been with GOODF since late 2014 as MrBlue2014) to this idea of also sending a CCA request. May I ask at what point you request this? And do you have a template (if necessary)?

Many thanks!

MrBlue2017.

"Any fight against a corrupt system that is trying to extort money out of you and potentially at the expense of your loved ones, including your children, is worth fighting for!"
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Post by daveiron on Wed Nov 14, 2018 9:01 am

Hi Mr blue,

You could simply adapt one line of the letters to read;

1. I request and require a true copy of the Original Agreement in accordance with the Consumer Credit Act.
I am unable to accept a photo copy.
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Post by Mrblue on Wed Nov 14, 2018 9:08 am

That’s great Dave, a real diamond as always! Thank you Smile
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Robinson way success  Empty MBNA credit card

Post by Mikeyjohn on Thu Nov 15, 2018 1:45 pm

Has anyone had any success with MBNA credit card, ami I right that MBNA will go all the way court

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Post by daveiron on Thu Nov 15, 2018 2:21 pm

Hi mikeyjohn,

I have ,they sent it to a couple dca's then sold it to PRA who admit its unenforceable ,but just send the please pay us
letters.
All done with the 3 letters.
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Post by Mikeyjohn on Thu Nov 15, 2018 2:45 pm

Thanks its the only credit card I was still using I'll just stop making the payment

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Post by daveiron on Thu Nov 15, 2018 3:01 pm

Just be aware MBNA use dozens of different phone no's to chase you on .
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Post by Keithatlm on Thu Nov 15, 2018 4:32 pm

I have managed to get rid off Robinson way and wescot before them, now got Drydens Fairfax just sent 3rd letter to them let's hope it the last I here from them. They are chasing A cc card for Santander who where sent an estoppel Feb last year but they keep on trying

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Post by Mikeyjohn on Wed Jan 02, 2019 7:40 pm

Ascent legal seeking possession order for my property on behalf of Lloyds
Who are they ascent legal, much appreciated if someone can give me a little info on them

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Post by waylander62 on Wed Jan 02, 2019 8:24 pm

this sounds very serious !!

if they are seeking a possession order then i can only assume you have mortgage arrears ??

it doesnt really matter who ascent legal are it would appear lloyds are after your home !?

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Post by Keithatlm on Thu Jan 03, 2019 4:02 pm

Ha ha these tossers have just jumped on a debt from lloyds I don't owe about £1100 it started with Moorcroft then wescot then credit security and now Robinson way can I be bothered to send these parasites any letters or just one to say F off. They keep on trying and the letters work. Thanks All.

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Post by assassin on Thu Jan 03, 2019 7:10 pm

Think logically here, if they are persisting in chasing you even though they have admitted the alleged debt is unenforceable, then this is harassment as defined by the harassment act, and this is enforceable.

You need two or more incidents to have occured and you have harassment, ideally you will need more and with documentary proof, you need your "Private Record of the Parties" kept fully up to date and if they send you letters then this is documentary proof, then report it to the Police and let them act. You can also bring a case against them in the County Court for the alarm and distress caused by this harassment and claim damages from them, as a very minimum it will cause them a lot of time and expense and they are most likely to try to settle out of court.
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Post by Keithatlm on Sun Jan 06, 2019 1:00 am

Thanks assassin
Have wrote a letter to send quoting harassment and the justice act 1970 plus the other stuff thanks to this site let's see what happens .

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Post by assassin on Sun Jan 06, 2019 2:03 am

http://www.legislation.gov.uk/ukpga/1997/40/section/1

Protection from Harassment Act 1997


1

Prohibition of harassment.
(1)
A person must not pursue a course of conduct—
(a)
which amounts to harassment of another, and
(b)
which he knows or ought to know amounts to harassment of the other.

[F1(1A)
A person must not pursue a course of conduct —
(a)
which involves harassment of two or more persons, and
(b)
which he knows or ought to know involves harassment of those persons, and
(c)
by which he intends to persuade any person (whether or not one of those mentioned above)—
(i)
not to do something that he is entitled or required to do, or
(ii)
to do something that he is not under any obligation to do.]
(2)
For the purposes of this section [F2or section 2A(2)(c)], the person whose course of conduct is in question ought to know that it amounts to [F3 or involves] harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
(3)
Subsection (1) [F4or (1A)] does not apply to a course of conduct if the person who pursued it shows—
(a)
that it was pursued for the purpose of preventing or detecting crime,
(b)
that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c)
that in the particular circumstances the pursuit of the course of conduct was reasonable.

Also:

http://www.legislation.gov.uk/ukpga/Vict/24-25/100/contents

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Post by Mrblue on Sun Jan 06, 2019 8:40 am

Thanks Assassin :-)
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Post by nautilous on Sat Jan 19, 2019 10:20 am

Great idea!

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Post by Keithatlm on Wed Jan 30, 2019 5:03 pm

Strange one on this today i received A £50 cheque with an apology for not responding to my letters original debt Lloyds and £50 from Lloyds account. Is this A new tactic should I send the cheque back. They sent me a 2 sided letter with one bit ref to 3 letters .( we should also clarify debt validation ( and verification) is a concept originating in the US and don't apply to uk and therefore we will not be providing you with a sworn affidavit as requested} any ideas.

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Post by assassin on Thu Jan 31, 2019 2:01 am

No, they are waiting for you to cash the cheques and see which bank account it goes through, you can cross the cheques and put them through someone elses account and let them pay you in cash.
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Post by Keithatlm on Thu Jan 31, 2019 8:51 pm

You can not cross cheques anymore  i was thinking off returning with a letter saying i don't want your imagery money and my request again or go to cheque cashers and have the money Advice please. Thanks assaissan If I take there money is it an admission to the debt.?

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