Link for CCJ on MBNA credit card and Barclaycard loan

Stopped paying total £67.35 pcm. on 5 debts Still paying £21.03, on 2 debts, 1 of which is under CCJ. Debts wiped until comply = £18,436, this excludes debt that was subject to Charge on house.

As Post #2 on this thread, I have taken action on each account. I am still waiting for some responses. I have been advised by most that they cannot provide the card agreements. It has taken some providers a very long time to respond! Natwest Visa have stated that the agreement is "unenforceable" but if they "do not receive the required payments as requested on the monthly statements" (yes they are still sending monthly payments, albeit to the wrong address!) "we (sic) may take such action as is legally permitted to pursue the outstanding debt" Any comments and/or ideas please as to what action might be expected? Thanks t

Another Update Mortimer Clarke have advised that they will not be providing any information to me under my SAR, as they have been requested to supply to Cabot. Their letter to me was initially sent to an incorrect address! Hopefully they will supply correct information to Cabot! Weightmans have confirmed that HFC (the original creditor) sold the account to Phoenix on 20/5/2008, then on 12/04/2011 Phoenix sold the account to MCE Portfolio Ltd (which have I had never been advised of!) Then on 17/10/2011 MCE transferred the account to Marlin 1 Europe. On 18/02/2016 Marlin then assigned the account to Cabot Financial (Marlin) Ltd. In 2018 Weightmans stated that they were instructed to "close all live files on this portfolio". Weightmans have not confirmed who instructed them and precisely when. Weightmans also stated that "as W ceased to act on the account over six years ago, we no longer have a file on our system which relates"

UPDATE After sending copies of my driving licence and passport to Cabot (at their request!) Cabot have confirmed that they will provide the response to SAR before 22nd April. They reference the original HFC Bank (Marbles) credit card, as noted on the CH1 legal charge. Responding to the figures in red on DX' post #86, I have never received statements from anyone for my payments since September 2009, when Phoenix Recoveries allegedly "owned" the debt then. The Statement was provided by Weightmans, payments were being made to Marbles. A written statement verifying the charge on the CH1 was never formally provided, having been agreed at the court hearing. In response to my SAR Weightmans state that they have no personal data for me, they do confirm that they were "formally instructed" by both Phoenix Recoveries and Marlin, and said they do not hold my personal data "disclosable to you (sic) under Article 15 UK GDPR" I have had no responses to my SAR requests from Mortimer Clark or Marlin. I appreciate that they are part of Cabot, but as per previous post, SAr was sent to all. Thanks t

Thanks for your help dx, Am sending SAR's off today. t

Thank you dx. "I subsequently agreed to a Legal Charge on a property for a fixed sum" But the CH1 Legal Charge, Paragraph 8 stated "To secure the sum of £9,817.15 only, such sum to be repaid by a schedule of repayments as may be agreed by the parties from time to time" I had an agreement, as referred to in post numbers 55 and 67 amongst other posts on this thread and payments were made on a monthly basis for many years. My point is that the balance owed, after the agreed monthly payments made after the issue of the CH1 to clear the charge as at January 2023 was lower than that stated by Mortimer Clarke. They were informed of this. I received no statements from anyone showing all payments made. I "panicked" (as you describe) as I was threatened with bankruptcy and had inadequate legal advice as mentioned in a previous post on this thread. I'm just trying to obtain some justice!!! In response to post 85: I quote from my post number 82: Before the Legal Charge was issued Weightmans tried to make me Bankrupt. This was dealt with in a county court which made an order in the case, dismissing the Bankruptcy Petition. In the Court's Order, there is a Note to Debtor: “It is your responsibility and is in your interest to ensure that the registration of the petition as an entry, both in the Land Charges Register and your registered titles, is cancelled.” I have checked today and can confirm that the entry of the charge on the Land Registry has been removed. Does this satisfy the Court's Note please? That is a quote from the court order when the bankruptcy petition was dismissed.

Thanks dx. if I understand you correctly, I should send a SAR to Mortimer Clarke? The payment was made to their account. They were taking instructions from Marlin Europe 1 Ltd. No action is needed on the Court's Order? I understand about the other Cabot debt. Thank you. t

Before I contact Cabot about this charge "con", what are the views about the situation I now find myself in please? I set out below, for ease, the history of this matter. I am currently being chased by Cabot about an old credit card account which Cabot have confirmed is unenforceable. They have offered me a settlement for this old account which almost covers the overcharge for the Marbles Registered Legal Charge. The Marbles card debt on this thread was "satisfied" by the sale of the property on which the Legal Charge was registered on a CH1 form with the Land Registry dated 19th April 2007. An inflated sum was paid to the solicitors, Mortimer Clarke. I disputed the amount they requested. My conveyancing Solicitor advised that I pay the sum they requested in order not to delay the sale of the property, The inflated sum was paid in January 2023, and MC confirmed their receipt and the sale proceeded. MC confirmed their client as Marlin Europe I Limited. 1. The CH1 “Legal Charge of a Registered Estate” was taken out by the Lender HFC Bank. The debt was passed about to various debt collecting bodies, but the repayments were always made to Marbles, until they refused to accept the instalments, I ceased paying the instalments! It was never confirmed to me who actually and eventually owned the debt, as correspondence was always with solicitors, Weightmans and Mortimer Clark. The solicitors’ correspondence referenced their clients as “Phoenix Recoveries (UK) Limited S.a.r.l, on behalf of Potomac Recoveries, and Marlin Europe I Ltd” I have never received any correspondence or confirmation of any sale of the debt from Marbles or any of their “Clients”. I think that HFC no longer exists? If so and given that the CH1 Registered charge is in HFC’s name, is there any other steps that I should take to ensure the charge is properly removed please? As the charge on the register has been removed, is this still relevant please? 2. Before the Legal Charge was issued Weightmans tried to make me Bankrupt. This was dealt with in a county court which made an order in the case, dismissing the Bankruptcy Petition. In the Court's Order, there is a Note to Debtor: “It is your responsibility and is in your interest to ensure that the registration of the petition as an entry, both in the Land Charges Register and your registered titles, is cancelled.” I have checked today and can confirm that the entry of the charge on the Land Registry has been removed. Does this satisfy the Court's Note please? Is there anything else I need to do to satisfy this? The original Legal Charge on the CH1 included a Weightmans fee of £741.50. The sum of £7,322.36 (including W. fees) was paid to Mortimer Clarke to satisfy the charge in January 2023. According to my records, the actual sum owed, after considering the repayments made since the Legal Charge was issued, was £5,889.88. The last payments before the £7,322.36 were made in 2021. The last account statement was received in October 2009. A total of £180.00 was included on the account relating to “Late Charge Assessments and Late Payment Admin Charges”. No PPI charges were applicable. The "One off Payment" for the unenforceable account that Cabot are offering is £1506.14, the overcharge of £1432.38 on the Legal Charge almost covers the unenforceable account debt. Is there an undue enrichment case for Cabot please? Thank You t

Good News! I have spoken to the solicitor, and she confirmed no need for a codicil! I have made a small donation to CAG! Thanks Again t

Thanks everyone for your help. I did just ask how much a codicil would be. Following the comments here, I will get back to them and ask 'if a codicil is required for change of addresses" I will let you know of their response, although now I suspect that they might say yes! Thanks t

What is the best way to proceed please? My home address stated in my last will and testament is now out of date. It is not referred to in a numbered paragraph, merely as " This is the last will and testament of me tedney, 123 Anyplace, Anytown, AA11 1AA. Whereby........' In paragraph 2, the home address of one of the executors and Trustees is also now out of date. I have been quoted nearly £200 by a solicitor to make out a codicil. This seems a very high sum! Can I just file, with the will (which is in my possession), a type written note showing the 2 new addresses? No names or terms of the will will be changed. Will that be acceptable? Thanks t

OK My contract is for 2 years. I have received 2 seperate monthly bills to date, both of which are similar and agree with the"sign up" deal. The charges on the bill are shown as: "Monthly Service charge £* (actual charge shown on bill) Your Promotional Discount Until *September 2025 £* (same as charge shown on bill)" Not checked yet with the provider, but, going forward, what can I expect to pay monthly in the future? From the statements, can it be that the discount will be applied for 2 years? Surely not! Thanks t

The reason for my post was to try and find out if there is any advice as to how I can pursue with OFCOM without a "deadlock" letter from Hyperoptic. They are not responding to my emails. In their terms and conditions they have a set daily amount that they pay out for delays for providing their service etc. I had to pay out for a 4G dongle which they failed to provide, even though they had confirmed to me that they would provide FOC until proper connection .

Thank you fkofilee Some compensation for my time and expense as the company did not provide the services etc as outlined on their documents