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lostthewill

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  1. I have received back a pack from Bank Smart. In encloses the following: 1. A list of the charges - this is word for word what is in the particulars of claim. 2. Copies of invoices - these are invoices relating to the court charge and legal costs as mentioned in the particulars of claims. These invoices state a totally different account number of password to my usual account and I have not received these prior to this date. 3. A copy of the contract documents - these were never in question - I know I foolishly agreed to their terms! 4. Proof of refunds - includes two refunds and copies of invoices - these are genuine refunds and should be payable - however these invoices are not shown in my account online and haven't for a very long time now - therefore as I look at my account it appears that all invoices are paid. And this appears to be the case for their staff too as they have confirmed by email that my account has no outstanding invoices! Had these invoices been shown on my account in July when I paid their invoices these would have been paid then too. I think they have removed the invoices when they commenced debt collection, thus not allowing me to easily repay. I did ask them for a copy of all debt collection activity in my CPR letter and they have ignored this. My letter to them was the template from the files. I'm not sure what to do next. The invoices are genuine BUt I feel like I've not had far opportunity to repay these invoices due to them not being shown on my account as outstanding. What can I do? Can I defend this or do I have to find nearly £800 from nowhere? I am self employed and didn't draw a wage at all last month due to a lack of work. I only have DLA to live from.
  2. Name of the Claimant ? - symmetric Systems Ltd t/a Bank Smart Date of issue . - 20 sept 2017 What is the claim for – 1. £407.94 for Claims management services by the claimant to or for the defendant at the request of the defendant particulars of which have been supplied to the defendant. 2. The claimant also claims the sum of £50.00 in respect of debt collection agent fees, pursuant to the claimants terms of business. 3. The claimant claims the further sum of £59.32 in respect of statutory interest pursuant to section 69 of the county court act 1984 at the rate of 8% a year. 4. The claimant claims the further sum of £180.00 in respect Of legal and other administration costs Persians to the claimant's terms of business. 5. The claimant also claims statutory interest at the above daily rate of £0.1 from the date hereof to payment or judgement whichever is sooner 6. Costs What is the value of the claim? £757.26 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CMC PPI reclaim Fees When did you enter into the original agreement before or after 2007? After, it was around March 2013 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Bank Smart, there is no creditor. Were you aware the account had been assigned – did you receive a Notice of Assignment? No, they had a debt collector (with the same address as them) email me twice, that's all. Did you receive a Default Notice from the original creditor? No as no credit account, it's for PPI claims service (lack of!) Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, see above Why did you cease payments? I didn't, I had an accident resulting in a broken back, I have been out of work and have a disability as a result, I was genuinely unable to pay the invoices as I had nothing but DLA to live on. They are aware of this and we had several email (they have no telephone numbers!) about this. I paid the invoices in July 2017 once I had managed to return to work part time. What was the date of your last payment? I paid all of The outstanding invoice that I could see on my online account in July 2017. There are no others outstanding and nothing showing on my account. I cannot log in now as they appear to have disabled my account. Was there a dispute with the original creditor that remains unresolved? No, other than my complaints about their charges for not replying when I was bedridden in hospital and when I had my handbag stolen that contained a letter to them. I haveemails to this affect. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management - I emailed them as soon as I was out of hospital (was in for 2 months) and explained, they agreed to wait until I was back in work for payment. I hope this helps and I haven't missed anything. Background: I had a riding accident in 2014 and had a broken back (9 vertebrae) and several broken ribs. I was self employed prior. I have had 3 years of having to learn to do everything again, and no suffer with numbness and limited movement as well as COPD. But I am back at work and my first pay was used up paying their invoices!
  3. Hi I tried to log in to my account to do this but they seem to have deleted my account as my username is now magically one digit too long!! Very odd Asmara I had managed t log in last week. I do have an email from them saying all has been paid however.
  4. Hi there I'm not sure if this is the right place for this post - please move it if I've gotten it wrong! This morning I got I have received a claim form from Bank Smart for what they claim to be claims management services and associated costs. I have a long standing dispute with them. actually paid all the outstanding money in June! When I log into my account with them there is nothing showing as owing. I had some emailing with their 'legal' department because they continued to chase this 'debt' (it was old because I disputed some of the charges they had added for service that hadn't been done!), that got resolved and I paid the outstanding invoices in June. I have an email from them stating that there are no outstanding invoices now. Their legal department continued to chase an alleged £60.40 that is outstanding. I emailed them in July and again in August along with a copy of the email saying nothing outstanding - still waiting for a response. I chased the response just yesterday. Roll on to today when I receive a claim form for claims management services for the sum of 407.94, plus 50 for debt collection, plus 59.32 for stat interest, plus 180.00 for legal and admin costs, plus daily interest, plus undetermined 'costs' How do I dispute this? I am convinced that I have paid all that is owed, when I log on I cannot see any outstanding amounts to pay. They are absolutely useless at providing any documentation. They STILL have a copy of my marriage certificate which they requested for a claim which they have since done nothing with bit still hold. I've not had a claim form before and I'm not sure where to start! Thanks in advance
  5. Hi Stigman Thank you, I checked noddle and the debt isn't listed at all on my credit record, not sure what that means though! I guess they will add it. Thank you, will try the above advice.
  6. Hi there, I really need some advice. I'm being hassled by Lowell for a debt I have with Three. I have sent them the dispute letter and they claim that they have to know details of the dispute I order to hand it back!! I told them that I did not wish to deal with them as DPA had been breached in them receiving my Information in the first place, they just repeated that they needed information on the dispute. Now, and without going into too much distressing detail. My phone was stolen/lost during a vicious assault. I dutifully phoned three and gave then the crime reference number. They said they would suspend the account, but they didn't! Several months went past well over a year to be honest where I was unable to function never mind deal with three. So now two years later they have referred to Lowell and what was £30 is now over £250 in added months line rental and charges, I presumed - I've not had a statement despite asking three numerous times in the months after the attack. I'm suffering badly with PTSD and every communication about this is bringing back horrendous memories of what that man did. What can I say/do to make this go away, I don't want to avoid the debt if it's my mistake but I know I called them at least four times and went through the same conversation where I told them and gave them the reference number again as each time they had failed to log it!! Thank you
  7. Hi there Following a period of unemployment, I'm pleased t say that I am not employed again I was unemployed for just over a year So I decided to pick up my defaulted Next Directory account and write to them with a payment proposal (I did write to them when I was jobless with no income and they never responded, or chased the account!) So I wrote and included a cheque for the 1st payment, the cheque wasn't cashed and they wrote back to say that they would not accept a payment plan - because of the status of the account?!?! So I wrote to them again a few weeks later with a follow up 'please reconsider my payment plan' letter with another cheque, again this went uncashed and the letter unanswered!! Yesterday I sent a third letter the same as the second with a third cheque, this time sent recorded delivery. My question is, what can I do if they have ignored my attempts to repay? I'm making every effort to repay this debt and being ignored and I cannot help but think they are ignoring me so that they can refer it on to a debt collector or court! I'm confused and not sure what to do next! Can anyone be of help?
  8. Hi there Following a period of unemployment, I'm pleased t say that I am not employed again I was unemployed for just over a year So I decided to pick up my defaulted Next Directory account and write to them with a payment proposal (I did write to them when I was jobless with no income and they never responded, or chased the account!) So I wrote and included a cheque for the 1st payment, the cheque wasn't cashed and they wrote back to say that they would not accept a payment plan - because of the status of the account?!?! So I wrote to them again a few weeks later with a follow up 'please reconsider my payment plan' letter with another cheque, again this went uncashed and the letter unanswered!! Yesterday I sent a third letter the same as the second with a third cheque, this time sent recorded delivery. My question is, what can I do if they have ignored my attempts to repay? I'm making every effort to repay this debt and being ignored and I cannot help but think they are ignoring me so that they can refer it on to a debt collector or court! I'm confused and not sure what to do next! Can anyone be of help?
  9. ahhh, darn it, I wondered at the time if I was doing the right thing! Does anyone have a template 'prove it' letter? Many thanks guys
  10. PS... £1000 costs for wrong entry?! Wow! How do I do that? I had a wrong entry recently from a satisfied loan from crappy welcome finance, and they defaulted the difference betweent he settlement amount and the loan amount!! They removed it when I wrote to them, so i've probably missed the boat on that now!!
  11. Hi there, I sent the acc in dispute letter after 12+2 days, then the unenforceable after another 30 days (plus a couple for postage) had passed. I have no idea what the alleged debt is for, or who the OC is, all I've ever had is a 7 digit reference number stated on 1st credit's letters! I have no idea what to do now, but obviously I don't want this on my credit record if it's not mine!! I've also asked Experian to investigate removing it. I don't know what else I can do really with regards to responding to 1st crud's letter saying they are satisfied of my liability for the debt! Many thanks,
  12. Hi there I CCA'd 1st credit last year as they were contacting me regarding a debt I've never heard of. They defaulted at 12+2 days and failed to supply any agreement after a further 30 days, so I sent them a bog standard 'unenforceable' letter fromthis site (thanks!!) They have responded as follows.....l I write further to your letter of 27th November, A copy of our complaints procedure has been sent under seperate cover. Following your request for documentation under section 78 of the consumer credit act 1974, we sought the same from the original creditor. We have since been advised that this is not available to be supplied to us and we are therefore unable to comply with your request. This places the account into a default situation which you are correct in your belif that the debt is currently unenforceable by law. We are fully aware of the legalities in relation to this situation however, this does not mean that the debt is written off and the account remains due and payable. We are satisfied of your liability for the debt by the payments which have been made to it. As such, your details will remain recorded ont he debt file and the account will remain on your credit history for the relevant period of time. YS Compliance Officer Now, I've never received teh complaints procedure, but that's by the by really. The main point is I've NEVER made a payment to 1st Crud!! Should I now send them a Subject Access request? Or what do I do, I am convinced this debt is not mine. Also the day after the letter is dated they entered details of this alleged debt to my credit file!! It wasn't even on their before, so I now have a default showing that wasn't on there before!!! Arrrrgggghhhh!!! Can anyone help!?
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