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Complicated Scenario of a finance provider

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  • #16
    Thanks a lot for your kind help. Highly appreciated.
    i will come back when get any response from them.

    Comment


    • #17
      #Amethyst one more point
      ​​​​​​4. The Claimant's Particulars of claim state "The claim is for the sum of £2500 in respect of monies owing by the defendant on a credit agreement held by the defendant with New day under account number xxxxx upon which the defendant failed to maintain payments." THIS IS DENID ON THE BASIS OF THE PARA # 5

      5. The Defendant does not recognise the company or account number given. The claim is vague in that New Day appear to operate multiple financial products including catalogues and credit cards and the Defendant is unaware of the exact nature of the debt being claimed.

      Comment


      • #18
        No need - it is denied for multiple reasons outlined in the defence so leave it simple.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #19
          Alright. Thanks...

          Comment


          • #20
            Hi Amethyst...
            I prepared SAR. Could you please check it and also should I just send it to New day only or to Capital sec as well.
            Date: 21/04/2019
            To: Capital Sec/New day

            Dear Sir or Madam,
            Subject access request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))
            You can identify my records using the following information
            Full name:
            Current address:
            Previous addresses are:

            Account number: xxxxxxxxxxx

            With reference to the above Account number, I would be grateful if you would send me a true copy of the original credit agreement and a full breakdown of the account including any interest or charges applied.
            I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a true copy of any credit agreement and a statement of account on request.



            Also, I am formally making a request to supply the data about me that I am entitled to under data protection law relating to myself.

            It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.
            If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.

            Yours faithfully,


            Mobile number:

            Comment


            • #21
              Ok - keep the cca request separate- and cca request only goes to the claimant ( not the solicitors or the original creditor )and does require a £1 payment.

              The SAR is free and you want to send that to newday and, if you know who capital Sec are ( I don't ) then send one to them - but keep it simple xxx
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #22
                Many thanks for your kind advice...

                Comment


                • #23
                  Hi Amethyst couple of days ago, i received the attached docs with some transactions from claimant solicitors. I called the court next day and this case has been stayed,
                  If you could please see the documents they said that these docs do not include signature and date of signature.
                  They have asked me to reply them back within 14 days.
                  Attached Files

                  Comment


                  • #24
                    Amethyst Need your help please

                    Comment


                    • #25
                      Hi Amethyst Could you please help me.
                      thank you

                      Comment


                      • #26
                        #Amethyst
                        @Amethyst
                        have a look at my post please.
                        Thank you

                        Comment


                        • #27
                          Morning, apologies for missing your posts before xxx having a look now
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #28
                            When you first took out the card did you use the 'Beat My Quote' website at all?

                            Also this says Newday - so is this the 'as varied' terms or the original terms? It must be the varied terms.... the other ones are the agreement with Progressive - and they also say credit intermediatory BeatthatQuote Ltd.

                            2019-10-11 10_27_13-Scan_0001.pdf.png
                            Originally posted by wiki
                            BeatThatQuote.com was ranked by Nielsen Online as the fastest growing UK website in 2007,[5] received around 2.5 million unique visitors per month in June 2008.[3] and was acquired by Google in March 2011 for £37.7 million.[6] BeatThatQuote.com was penalised by Google for search engine spamming the day after it acquired it.[7]

                            In turn, Google created Google Compare using some of the technology that they had acquired. However, this was not a success and it was close in March 2016.[8]
                            so need to check what Beatthatquote was doing in Jan 2014.

                            Did you get anything back from your Subject Access Request to Newday or anything in response to your CPR 31.14 request at all?
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #29
                              Also is this dated Jan 2014 ? ( can't quite make it out properly )

                              2019-10-11 10_33_08-Microsoft Edge.png

                              It Was taken out with Progressive Credit …. so needs to be assignment from Progressive to Newday as well as from Newday to Lowell …. and I still don't know where Capital Sec came into it.


                              Originally posted by ref 2014
                              From 1 April, SAV
                              Credit
                              Limited will become
                              NewDay
                              Cards Ltd and
                              Progressive Credit
                              Limited will become
                              NewDay
                              Ltd
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #30
                                Right... to sum up ( lol )

                                The original agreement is the ones in the Images
                                The varied agreement is the one in the PDF

                                The original agreement was with Progressive Credit, credit intermediary BeatthatQuote.com, dated Jan 2014. Online application, digitally signed.
                                In April 2014 it was assigned to NewDay Ltd ( they need to evidence this assignment )
                                Still not sure on Capital Sec
                                Then assigned to Lowell - no notice of assignment as yet.
                                No copy of any default notice as yet.
                                #staysafestayhome

                                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                                Received a Court Claim? Read >>>>> First Steps

                                Comment

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