Caesar UE Diary

[Pat]

Personally I would do a redirect and if you get a letter send a generic change of address . ‘ you wrote to me at x. In future please direct all correspondence to y’

There are pros and cons of each approach. Sorry I can’t say directly which is best

[The Tech Clerk]

If a creditor keeps contacting you about a statute barred debt after you've sent them the letter, you can complain to the creditor. If you're not satisfied with their response, you can complain to the Financial Ombudsman. Calls are free from mobiles and landlines.

[Still Waving]

Hi guys, I haven't posted any update for a long time, but I will do it soon. Before that, I have a question.
After more than 10 year living in the same place, I need to move out. I have a few accounts statute bared and others will be soon.

Can anyone advice what should I do in this situation? I have in my mind to update the address with every debtor, but I don't think as a very good idea, or to redirect all my letter to my address. But also not very good if I have to do it on long term because will cost me money.

At the moment I am not in danger to go to the court with any of my debts, but am I risking something if an account statute bared will go to court and I won't get the LoC or a County Court Claim?

I can't thank you enough for the help I received on this forum during the time. You guys are life savers.

How often are you getting letters regarding your various individual accounts (both SB and non-SB)? How soon do you realistically estimate that your other accounts will be statute barred?

[The Tech Clerk]

any bank etc you deal with will update credit records anyway, so up to you?

you could get a backdoor CCJ for old address if they say not known new address? mot suggesting you do what you think best sure others will comment also?

[Caesar]

Hi guys, I haven't posted any update for a long time, but I will do it soon. Before that, I have a question.
After more than 10 year living in the same place, I need to move out. I have a few accounts statute bared and others will be soon.

Can anyone advice what should I do in this situation? I have in my mind to update the address with every debtor, but I don't think as a very good idea, or to redirect all my letter to my address. But also not very good if I have to do it on long term because will cost me money.

At the moment I am not in danger to go to the court with any of my debts, but am I risking something if an account statute bared will go to court and I won't get the LoC or a County Court Claim?

I can't thank you enough for the help I received on this forum during the time. You guys are life savers.

[Colin G Quinn]

Hi Caesar,

I will email you shortly.

[Caesar]

Hi guys, thank you all for your help and support. Last week I had the trial and as expected, I lost. I try to make a resume of what happened, maybe it would be helpful for someone.
Because of covid, it was a telephone hearing. The trial started 10 min late and all was very fast. First of all, the judge said he didn't have time to read the witness statements. For me, the outcome was obvious from the beginning, the judge asked to me if I agree with Uncle Buck debt, why I'm not paying it. And I told him because the Claimant didn't prove he owns the debt. But it was unimportant for him, the only thing that matters is the contract with Uncle Buck. He said said he doesn't know the laws regarding this, so it's on me to prove there is something wrong with it. And I should provide using examples from commercial law.
They had some mistakes in their paper, some reconstituted documents, with wrong date, or different format from the original one, but it was fine for the judge. I complained about UB sold the account without termination of contract or ND, and when I wanted to argue about the chain of assignments, the judge rushed me and he said there is no time and he has to make a decision.
The Claimant's solicitor didn't have too much clue about the debt, most of the times he said he is not aware of this, or doesn't know about what I asked but still in the end they won. I think a good solicitor will win easy against these bunch of amateurs.
The judge accepted all their request, and they added £200 on top of the claim which was less than £500. I requested 28 days to pay, but the judge said: ,,you don't need 28 days, 14 it's fine.'' My opinion was he treated me bad from the beginning until the end. Maybe he has his own reasons. I have to agree I lost because of me, I don't have the knowledge to win this, but his attitude disappointed me and he didn't give any chance.

He said to contact Perch Capital to make the payment asap. What should I do next? Contact Perch and tell them what? How should I make the payment and how to prove to the court this? Can someone please advice me what steps to take in order not get a ccj on my file?

[Warwick65]

I would send hard copies to both as well, just to be sure

[Caesar]

I almost have ready my Witness Statement. Can someone advice how it is the procedure to send? Email to the court and to the Claimant and electronic signed is it ok? I have to send it latest on Thursday.

One more thing. On their witness statement, my name is spelled wrong. One letter is not correct. Should I mention something about this?

[Caesar]

Checking the documents regarding this claim I've discovered something interesting on TM Legal reply to my defence:

,,As you are not a party to the agreement with the original creditor DJS (UK) Limited, we cannot share a copy of the document or any details contained therein due to it being subject to confidentiality and the fact that it contains commercially sensitive information.''

DJS (UK) Limited is owner of Piggy Bank and the original creditor for the claim is Uncle Buck. Can this help me if I add on the Witness Statement?

[Joanna Connolly Solicitors]

Just because you have been sent a notice, it is does not mean the notice is compliant.

I couldn't agree with you more

Di

[Colin G Quinn]

Yes, I have received it.

[Caesar]

Hi Colin, thank you again for help.

I've sent you the email.

[Colin G Quinn]

Hi Caesar,

There is no need to apologise.

If you want me to take a look at the default notice you have received feel free to email me a copy. My email is in the legal disclaimer below. Just because you have been sent a notice, it is does not mean the notice is compliant.

[Caesar]

Hi Colin,

Thank you so much for reply. It helps a lot. Sorry if I have silly questions but it's my first time in this situation.

A claimant not being authorised is a point of law and should be considered by the trial judge on that basis, regardless of whether or not you have pleaded it in your defence. The difficulty is that the 'unauthorised argument' is a complex one and it is not just a case of alleging the claimant is unauthorised, as there are exemptions to this which can be argued by the claimant.

So if I add this on witness of statement I should also prove that and to show that there is no exceptions in their case. I've checked on FCA website but I couldn't find anywhere a list with the 'unauthorised' companies. Maybe Perch Capital reply on the thing that TM Legal that work on their behalf are FCA authorised.

If there have been a number of assignments the claimant must prove the chain of title to the alleged debt.

They didn't want to show the papers when I requested.
I have a feeling that their paperwork is weak but I am a novice to this and have no knowledge to defend. So they rely on my weakness, not on their papers.

What do you mean when you say you have been sent a 'dodgy Notice of Default'?

The Notice of Default was sent by the company dealing on the owner of the account behalf. Original creditor sold the account without sending me a ND.
First they've sent a Notice of Default via email without their or my address on it or the date, but a week later they send another ND by post with all this on the letter.
But it wasn't sent by the creditor and no mention about any special clause that I broke. It was something general. I will post it here without name and numbers.

,,NOTICE OF DEFAULT TMLS
Customer Reference: xxxxx
Original Creditor: uncle buck finance llp
Total Balance Outstanding: £x
IMPORTANT - YOU SHOULD READ THIS CAREFULLY Dear Mr x x, Your fixed-Sum credit Agreement with uncle buck finance llp (now Perch Capital) dated xx/xx/xxxx, and numbered xxxx (the "agreement") which is regulated by the Consumer Credit Act 1974 (the "CCA"). This is a default notice served on you under Section 87(1) of the Consumer Credit Act 1974 because you have failed to keep to the terms of the agreement. This notice is being issued by TM Legal Services (TMLS) on behalf of Asset Collections and Investigations (ACI) in its capacity as the Master Servicer of your account, acting for Perch Capital, the legal owner of the debt. Under the terms of your agreement, you were required to make regular payments under the agreement on set dates until the full amount borrowed had been repaid, plus any applicable interest (typically within six months of the agreement date) but you have failed to do so. You must remedy your breach of the agreement by paying us £x by xx/xx/xxxx. You can make payment by calling us on 01253 531 250 or by making a bank transfer. If you have an arrangement in place with uncle buck finance llp this has now been cancelled and will need to be re-set up with TMLS now that we have acquired your account. If you are paying by direct debit, please remember to cancel your existing payment.''