sgianthebard
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I've just checked my credit report on Equifax, Experian and Noddle. There is no record of this loan on my credit report.....Does this mean it no longer exists or what? I am confused....
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Picture went bust initially and their portfolio was picked up by Webb...then debt was assigned to IDEM. I rceived a letter of assignationand it all appears to be above board.
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They have no client. They bought the debt from webb resolutions who bought it from Target whou bought it from Picture Ltd who bought it from Picturetheloan
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UPDATE: I am now in a position to offer all (or almost all) of the arrears on this account. I can start to make the regular monthly payments once I have cleared the arrears , and the loan term will expire in December this year. However, due to the arrears, IDEM have continued to charge interest and will say that I still owe them about £20,000. Some of this (a VERY small portion) will be charges which are possibly able to be claimed back) , but the main part is interest on the outstanding loan piling up due to the arrears. Now, I recall reading somewhere that the courts will not issue a repossession order on interest or charges, only on arrears. So if I clear my arrears, and don't accrue any more until the loan term is complete, is my house safe from repossession? Thanks
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Misselling of FirstPlus secured loan.
sgianthebard replied to spudafett's topic in Mortgages and Secured Loans
If you are trying to get the debt extinguished due to mis-selling, what money is there to get from the company that a claims firm will take 25% of? -
They WILL try to grind you down by dragging things out : adjourn for 6 weeks to get some documentation sorted , adjourn fvor 6 weeks to let you read thru the documentation they sent you, adjourn for 6 weeks because of a case they have involving children that must take precedence over your case, etc etc . (these are ALL tactics Shoosmiths used against me) What they are really doing here is trying to get as many appearance dates as possible, in the hope that you will not turn up or be late for one of them and they will win the case by default. But they are only kicking themselves in the head, because if they delay past August, and then you get a dismissal for wrong court, or something - the clock starts running and the debt is instantly SB
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I'm tied up with stuff until Monday, but I'll have a detailed look thru your posts then and if I can give any helpful info gained from my own recent court cases, I'll pitch in
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I fully expect to get another letter from Arrow, telling me to pay this debt or they may take court action against me. I'll be more than happy to go through this procedure again and get more expenses from them the next time
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Hi elsi, Can you give any update on this please?
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Misselling of FirstPlus secured loan.
sgianthebard replied to spudafett's topic in Mortgages and Secured Loans
Can't offer any advice on this just now, but I am thinking of pursuing a similar strategy with my own secured debt. I will watch your thread with interest. Please update regularly -
SB, I'm not sure if someone has mentioned this in the thread so far, but one thing to check on any CCA your opponents may have sent you, is that the credit limit is clearly stated on the CCA. If this is not stated, then they do not have an enforceable CCA, and therefore, no case against you.
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actually, the rules state that a copy of the agreement must be attached to the summons. BUT...the sherrif can overlook this if he or she is so inclined. BUT, if they overlook this, and yo ueventually lose your case, you will have a point of law to put on your appeal.
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Today I attended at court for the Proof Hearing. Before I describe what happened, here's what happened yesterday: I received a mobile call from Shoosmiths (acting for Arrow Global). The girl tells me that she has a document on her desk that I asked previously to see, and if I give her my email addy, she will send it to me. I asked her was this a document she intended to produce in court. She says yes. I tell her I am not interested in seeing it and if she tries to introduce it as evidence, I will object as I have not had it 14 days befor ethe date of the proof and it has not been lodged as a production. She then asks me if I would like to think about it and call her later to discuss a settlement. I replied that I'd see her in court. today at court...Pursuer fails to turn up. I make a motion to dismiss and grant Decree Absolvitor. The sheriff says she can't grant a decree of absolvitor, because the case has not been heard but has come up against a brick wall procedurally. I make a motion to dismiss with expenses. Sherriff grants this, and makes me aware that if the pursuer wishes to, they can make a claim again, but will have to start from scratch. I thank the court and walk out Case Dismissed.
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The clock stops once the case is lodged. If that is within 5 years, even by one day, then the case is not SB.
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Yesterday I received the productions that Shoosmiths have lodged for the proof hearing. They consist of an unsigned credit card agreement with the terms and conditions attached, and one sheet of paper with dates that the credit card was taken out, my name and address, and a figure that is owed on the account. (I believe this is what they claim is the statement of account.) Proof hearing is in approx 3 weeks time.
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