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lexis200

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lexis200 last won the day on March 27 2009

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  1. Sorry dx, I'm not ignoring this, my laptop stopped working yesterday so I'm a bit stuffed on scans atm. Will upload as soon as I can.
  2. Thanks for the reply DX. I know, but at the time I'd have been a mess if it had become litigious. Probably still would tbh, but I feel more up to dealing with DCA than the OC for some reason. I'll scan up later, not at home for a while.
  3. Hi, I'm hoping for a bit of advice please. After some very distressing problems many years ago that caused us a significant amount of financial hardship, I dealt with our cards years ago with the help and support of the people on this site. However, I gave up on some having got nowhere with them (sorted all of my husband's, but ran out of oomph when it came to mine), and stopping paying everyone who didn't comply with CCAs etc was just too much for me. As a result of this, I've been paying Tesco £11ish a month for the last 10+ years on what was a 7k debt. I've been ok with this as it was easier than dealing with the stress and the impact it was having on my health tbh. However...Intrum came on the scene a while ago saying they owned the debt and I needed to pay them. Lots and lots of (ignored by me as I was still paying Tesco) letters from them later, I CCA'd them. After a few weeks I received a pack containing a few statements from 06/07, some generic terms and conditions, and a paragraph stating "The original creditor's response is as follows: We have enclosed the copy of agreement and the Terms and Conditions. We have also enclosed Statement of accounts. The reason for a difference in the closing balance of the statement is due to the customer continuing to make payments on the account from 2007 until the sale in 2019. We have provided the last payment statement from Jan 19 which shows balance of X, to which again the reason this is different from X is due to the customer continuing to pay from the determination date in October 2018." I've checked back over the correspondence I had with Tesco way back when, and aside from an unfulfilled CCA, there is also an unfulfilled SAR from 2009. I've never had a signed agreement from them. Also (and don't think I'm not kicking myself over this), about 2 years ago when everything was just ticking along, I was clearing out and decided that I didn't need paperwork from a decade ago on stuff that was in status quo, so I don't think I have any of the stuff they've sent me previously. I know, I know, you don't need to tell me. Having received the little pack of useless info from Intrum in August I've not responded at all, however I have kept up the payments to Tesco which are not being returned to my account, so they are going somewhere (where if they no longer own the account?). A couple of weeks ago I had a letter from Global Debt Recovery which I'm guessing is to do with this. No information other than a phone number and a request to call them, which obviously I haven't. I found the letter again today and it's prompted me to see what, if anything I should do. I'm feeling more up to getting on top of this now, and am wondering what my next step should be? I used to know what I needed to do, but so much time has passed I'm wondering if things have changed, hence the request for advice. Any help would be appreciated, thanks.
  4. If anyone knows of a good one, I'd really appreciate a number or URL please. OH is likely to need to start a constructive dismissal claim in the very near future, and I'd much rather use someone based on a recommendation than just pick one at random. Thanks Lexis x
  5. I loooove the original glazed ones They're much better if you can get them hot rather than from the chillers in Tesco etc. On our very occasional trips to London we'll nip to Harrods to browse the food halls (aka gawp at people who are genuinely doing their weekly shop there), and you are often offered a freebie off the rack whilst queing for one (yes, we have still bought them afterwards!) I have worked out a very close recipe to them though, so I can make a ton in the comfort of my own home. Which is handy really, cos if I make them and eat them I can't get out the house anyway
  6. Hi again I just thought I'd update a bit on this... It seems there may be a couple of fairly substantial issues with the paperwork Halifax have sent (in our favour), so the sols have asked for more time and are requesting docs from the bank. I'm not sure how much it's ok to explain, so I'll just leave it at that for the minute. As soon as I can post more details I will in case it helps anyone in the same situation. It's not at all cut and dried, but at this precise moment it's looking better for us than them. Lexis x Ps - Unfortunately OH's grandmother passed away last week, so not a great couple of weeks what with that and my uncle dying.
  7. Hi Ford Hopefully she's on the mend - she's 96 and has been taken by ambulance to the hospital twice in the last fortnight, but appears to have the constitution of a cyborg and keeps coming back from the brink! It's just very worrying for all of us! I'm feeling much better about this. I've spoken to the solicitors and they've said due to the PPI, which appears to have been mis-sold, and a couple of other bits and pieces which look iffy, that we should be defending and disputing the claim in full. It helps that we can show apart from these blips in payments, OH has been paying for the last 4 years. The balance has gone down from around 9k to around 6, so he can show he's not been trying to avoid etc. I've filed the acknowledgement just now (big sigh of relief there, my stress levels have been through the roof trying to work out what to do before the deadline of tomorrow), so we have another couple of weeks to sort things out further. I will keep updating as and when I have new info. Lexis
  8. Hi again Sorry for delay in replying, OH's grandmother was rushed into hosp on Friday - this has not been a good couple of weeks! As far as I can see, none of the 3 BOS/HBOS accounts show a DN being issued in the logs I've received. There's one that could possibly refer to it on one of the other BOS accounts, but it's something like 4 years before a default was actually issued, and it seems to just say Def req (or similar), so your guess is as good as mine. I just can't find anything in this particular account's logs though that even hints at a default letter. About to call the sols to see what's what. I'll update when I know more.
  9. Hmm, thought so. They may have a problem showing one was sent though unless they've held something back from the SAR, as I couldn't find reference to it in the mountain of stuff they sent me. With regards payments, there is no problem keeping up. It was genuinely an error (on our part) as OH was unaware there was an end date to the SO he'd set up. Circumstances meant he didn't chase it quickly, but the SO is back in place and he's ensured there is no cancellation/end date, so there is no reason that payments would be missed again. There was no attempt to not pay (I know you're not suggesting that, but I feel I should clarify!), it's just unfortunate timing that things went awry with the bank at the same time as things started getting problematic personally, which meant this got stuffed in a drawer rather than dealt with.
  10. Hi Yes it is however I'm not at all convinced they're actually aware that the payments have been restarted. My fault completely for not writing to them and just getting OH to set it up (seriously, the one time I let replying slide this happens!), but knowing how banks generally don't know their a**e from their elbow, it wouldn't surprise me in the slightest if the debt dept hasn't communicated with the legal dept (or similar). This is why I'm still thinking about whether it can be avoided by clarifying OH's willingness to pay as per one of the options on the claim form. Just as an aside, I don't suppose you (or anyone else for that matter) knows if it's possible to get a genuine copy of a default notice? I honestly thought I'd seen one relating to this account, but I can't find it, and looking at dates I'd lay odds on it being issued when OH wasn't keeping paperwork. Of course there's nothing in the SAR, but also no notes of it either. What I did find was a default from another BOS account which was so wrong it's ridiculous (dated 16th, delivered 20th, remedy by 17th - all dated same month!). My thought is if BOS were chucking out this sort of toot, it's likely this one is also wrong. Only trouble is I have no way of checking without sight of an actual copy. Thanks very much for the link etc, I'll do some reading tonight - last night was a bust as I didn't get back till late.
  11. Hi Ford Slightly panicking! I'm having a little to and fro with sols at the moment as this (if it goes down the court route) will be over the small claims threshold. I've got till the 20th before OH has to acknowledge, but at the moment I still don't know which way to go. I have been going through the old paperwork though which has ended up really irritating me. They did this whole shebang a while ago, right up to the point of sending a NIP if full payment wasn't received; OH just carried on with the agreed payment plan payments and they went no further. Where's the consistency?? Also, I'm wondering if accepting and asking to pay in instalments is even an option given that when OH realised what had happened to the SO he set it up again and they are (and were before the final warning letter) being paid again. This is just too far out of my knowledge base, and I feel like we were just getting to the end of the tunnel when we're now being dragged back down. Anyway, got a funeral to go to today so it could be worse I suppose. Thanks again for your suggestions, I'll research what you've said when I get back later (no idea what a time order is, but it sounds interesting!)
  12. Thanks Andy I've got the SAR out and will be looking through it tonight. Hopefully that will nudge us towards one decision or another.
  13. Thanks so much for getting back Ford. The claim was dated 1st Feb, arrived yesterday so by my reckoning the deadline is the 20th. Service has not yet been acknowledged online as I just don't know whether to do the 'acknowledge debt but need time to pay' or 'disagree with the claim' due to charges etc - I don't even know if that would be a reason to disagree tbh. Regarding the PPI, yes, it would cancel out the claim and then some. At my last estimate we'd end up about £4k in the black - £6k if charges were upheld too. Of course though I may have screwed that up by leaving it too long, plus I've seen it can take a year to get an answer from the FOS so I don't think I could rely on them helping me in time:) My husband is more than happy to try and negotiate a payment as we already have one in place. I do wonder whether it's just a case of the left hand not know what the right is doing, and that they are unaware that the payments were re-set as soon as he realised they'd stopped. The back payment was made in mid-December, with the next payment set up for the 15th Jan (which is when payments were originally before the SO was ended). Their letter was dated 18th Jan, so maybe they simply did not check. If we tried to negotiate, could I still escalate the PPI to the FOS do you think, or are we simply admitting the whole lot if we go down the negotiation route? If it's a choice of one or the other I'd rather try and negotiate in order to stave off the possibility of a CCJ and lose the option of going for the PPI. My husband was intending to phone Halifax this lunchtime (recording the call of course) to try and talk to someone to guage whether it's worth offering payments. I'm heading into the loft when he gets back (I can't get in there!) to get all the paperwork, as although I've said the default is ok, I can't find any info on it which is odd, so I want to double check. Oh, one last point is that the claim is for more than £5k, so no small claims. I have no idea if that makes a difference to what route we should take.. Thanks again.
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