catquest
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I thought so, thanks
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I'm being pestered by the Lloyds Mortgage department to prove how I will repay my Interest Only mortgage in 5 years' time. There is nothing in the original agreement which says I have to provide proof during the currency of the agreement ( I am aware that nowadays they want the proof before even giving an interest only mortgage but that certainly wasn't the case 10 years ago ) Any thoughts on the legal position ?
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Actually one advantage of sending them a letter saying it's statute barred and you don't intend to pay is that most of them ( in fairness, in my experience ) will then confirm that they are stopping any further requests for payment as the FCA CONC rules require this.
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Noddle seem to list normal long term loans under "Short Term" on the basis that the lender provides daily information under a new system called MODA. Is that legitimate ?
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Next cat debt showing twice on credit file
catquest replied to listenmint's topic in Mail order catalogues
I've had this as well - how does it actually work in terms of what the purchaser paid for the debt - do they get their money back ? -
Robinson Way/Hoist portfolio2 chasing old Barclaycard 'debt'
catquest replied to Boltmaker's topic in Barclaycard
If they send you a reconstruction ( and they would use that in court with a witness claiming it was the correct agreement at the time ) then you will need to find some evidence in the T&Cs which shows it can't be your card ( eg look out for special interest rates for Premier Football tickets ). By the way I found out from a Barclays SAR that they told MKDP that a debt is s78 unenforceable at the point of sale.- 9 replies
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Could have been an unpaid cheque which was guaranteed by a card which the bank had cancelled
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Arrow have a habit of passing debts around various DCAs. I suspect they can't get the CCA especially if it was Egg pre Barclays. You can ignore their letters .
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I just looked at an old Citicard agreement - this states that if the cardholder ends the agreement ( which Wandsworth did with his 5th Nov letter ) then the full balance is payable immediately. No default notice is required in such a case. However the Barclays agreement I have simply says "the agreement continues until all amounts you owe have been paid "
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It starts from the last payment date if an account is already in arrears. If up to 9 October the account was fine then the cause of action ( leaving aside the DN problem for the moment ) was the first missed payment date, presumably some time in November. Also you acknowledged the debt in a letter ( 5th Nov ? ) when informing Barclays that you were using a Debt Management Company to clear your debt.
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I suspect most agreements that people are dealing with have not ended. Barclaycard say in their terms and conditions that the agreement continues until the full balance is paid off.
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Yes indeed, but if they have no agreement especially if asked for under s78, then it's unenforceable and I am sure the defence could be amended on that point if necessary, this is highly technical though
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