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Heropanda

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  1. They are different account numbers on my file for 118118 and Lowells entries, most of the digits of the account numbers are starred out but the last three digits are visible and different on the accounts. How would you proceed with this based on that info? I never took a claim forward for irresponsible lending I just made a payment because I wanted to stop being chased and harassed by creditors and stated that I believed this was irresponsible lending at the time. I am looking into the possibility of starting a formal complaint and claim now based on this information as the statements I received show that the interest portion of the loan is far higher than the balance that's been defaulted and it was a high APR loan to someone with active payday loans and defaults on their credit file already using debts to pay off other debts etc. I guess I'm most surprised by the three situation, if they are unable to provide any evidence of the contract details or what I'm meant to have signed up for then how could they prove where the balance came from eg for agreed penalties for early cancellation, I would thought that they need some documentation to even start a claim
  2. In the time since you first messaged i have sent notifications to all creditors with my new address so thank you again for that prompt. Just on the 118/Lowell's one I do believe there are two entries as they are also for different amounts (1780 Vs 1400) which reflects the amount when it first defaulted and then I did attempt to make reduced payments for a while (I think directly to 118118 and not to Lowell's but I'm not sure) for a short time which reduces the balance. I think I wrote at the time saying it was a payment that didn't acknowledge the debt which I disputed on the grounds of unaffordable lending but I'm sure that won't have worked and extended the SB timeframes a little. Is there anyway I can find if these are dual entries and what can I do to ensure accuracy in the date/amounts? The three thing would have been the early termination / abandonment of a contract part way through. The reason I assumed that without the agreement and statement it wouldn't be enforceable is based on what I'd assumed from all of the things you request in the CCA requests and pre action checklists, I had just assumed that these were things a company would have to produce to prove the debt existed in the first place and that I had agreed to it and the terms.
  3. For the 118118 debt I have two current defaults on my file, one created by Madison CF with a date of default of 26/03/2018 (last updated 31/10/23) and one from Lowell's relating to the same debt with a default date of 25/04/2018 (Last updated 05/11/23) I did always think it was unfair that I've got multiple defaults listed against the same debt but the credit reference agency said this was valid and within their right to do this. My question about the three debt (which is registered on my file in the name of Lowell with a default date of 24/07/2018) is that if they are saying it's not a regulated borrowing and they can't provide an agreement or statement of the account then should it be on my file at all and could they ever take it further based on this?
  4. Thank you very much and for your patience in helping me out. For a bit of background and context, all of the creditors were given my updated information for my previous residence where I was s21'd in June, the place I've ended up in I can't stand and am looking to move out of in the next month as soon as I have a break clause which is why I hadn't wanted to update the details knowing that I had a redirection in place, I definitely hadn't realised that court documents wouldn't be redirected so I'll get on that asap. You'll also be pleased to hear that I have 5 years and 1 month without any form of missed payments so the light at the end of the tunnel is firmly approaching
  5. Would appreciate some advice here and I'll apologise in advance that I won't be able to provide a great deal of information until a few weeks time as I received this letter just before going on holiday and I'm not back til next week now but I think I need to find a way to act in the meantime. I've eventually received a letter of claim from Overdales representing Lowell (it was sent to an old address but luckily had Royal Mail redirection) and it relates to an alleged debt with 118 Money and also a mobile contract with Three. Both of these are from 2015/6 with last payments in 2017/8 so I've been keen to let them move towards their stature barred dates. I have had prior communication with Overdales before on these about this time last year and nothing came of it but they are trying again. Specifically for the three contract I asked them for a copy of the agreement and statements detailing this balance and they wrote back with the following in Dec 22 'This debt does not arise under an agreement for credit and therefore it is not regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a copy of the agreement, if it was in writing, and therefore we are unable to obtain a copy. However, we have requested a statement from the original creditor, this should be provided to you in due course. Please find attached the Notice of Assignment provided by our Client.' Then in February 23 they followed up regarding the statement that:- 'With regards to the former Three Mobile account, we have been unable to obtain a copy of the Statement due to the age of the account.' I understand there is a process to follow now with the pre action checklist but does the lack of ability to produce an agreement or statement upon request make this alleged debt impossible for them to proceed with? Also if this isn't an agreement regulated by the consumer credit act should they be allowed to record it as a default on my credit file? Annoyingly I arrive home on the day of day 30 from the date of their letter, is there a way to acknowledge the letter of claim, change the address they are using for me and reply properly with CAG guidance a few days after the 30 days are up? Very much appreciate any advice and trying not to let it ruin my holidays!
  6. I think one problem i have is that i feel like i can repay these debts, but i've always sabotaged myself along the way with gambling, it will be different when i'm paying rent and bills as i'll have much more outgoings, should i look to sort out a place to rent before this situation comes to a head? I get that i shouldn't wait for all the debts to default, i've only got two payments which are currently a week overdue, i'm awaiting the response of my complaint/request to the casino in question to refund some past payments, if they do that then i'll be able to survive a bit longer and have a few more options. Half the problem is that i have to almost game plan against myself, its very tiring...
  7. The Debts are still with the original lenders yes... I appreciate the advice everyone, i feel a bit of a stigma over the bankruptcy option but i am reading more and more about it to see what suits. Feels like the calm before the storm at the moment. It's going to come to a head in the next month though so i'm just preparing myself for that. Will keep you posted on next steps
  8. Frankly i don't have any assets whatsoever, company car, everything thats not nailed down i've sold to fund my habits over time, most expensive thing i own is probably a digital camera worth £100... I will read through the information around it, specifically around impact upon job and housing but do you know if this would create any problems or difficulties for my parents listed currently at the same address? Thanks for looking in and taking the time to advise
  9. Over the past two years i've racked up an incredible amount of debt, it reached as much as £60k last Christmas but this has now come down to c£50k. I have a gambling problem which is where all this debt comes from and which is why its so hard to shift. The pressures of this debt, personal relationships and job insecurity have started me feeling anxiety and stress related symptoms, i don't want to over-egg this but going to the GP recently i realised that things had to change. As you can imagine the largest problem i have is being reliable with any substantial sum of money in my account. I'm currently living at home with parents and need to move out by March/April, i'm finding this difficult for budgeting purposes as i don't know how much its going to cost me in the future and i'm already struggling. My Debts are as follows:- Sainsburies Loan - c£11k Halifax Card - £9k IHG/Barclaycard - £4.5k Virgin/MBNA Card - £4.5k Nationwide Card - £4.5k Amex Card - £3k Currys/Creation - £2k Onstride Finance - £2k 118 Money - £1.9k Marbles - £1.2k Paypal - £1k Very - £700 In order to make ends meet i've also taken out several phone contracts to sell the handset, this means that i have about £150 pcm expenditure on line rentals across 5 contracts. Current salary brings in about £2490 per month, minimum repayments for all of these are approximately £1900. So if i was continuing to live at home and if i was able to not fritter away my entire pay packet within 7 hours of it hitting my bank account then i could get by. Unfortunately neither of these are true. I'm considering making a change to my working situation resulting in less hours and a higher pension payment (thankfully money i can't access to waste) which would bring my new salary to c£1800 per month, out of that i would estimate £800pcm for rent and bills, £450 for day to day expenses. So i can't work out whether i can put myself through the mass defaulting stage, i don't know if i can bear the constant calls, i don't know how easy it will be to get a place to rent with a wrecked credit file, i don't know what to do right now. I'm currently asking the gaming company for a partial refund of my recent deposits (After i've self excluded), if that provides a decent return i can keep going with the regular payments for a bit longer but its no long term fix. My dream is to own my own home, trying desperately to work out how i feel about pushing that out another 6-7 years. Also wondering if i should leave open the Halifax account or pay separately as its still on a balance transfer offer and presume it would be good to have one high value account with history when looking to get a mortgage down the line... Bit of a stream of thoughts there but i'm really at a crossroads, mostly 0/1 months behind and its about to hit the fan.
  10. I've been looking through a lot if decisions and there seems to be a real difference of opinion and how things are dealt with based upon your adjudicator. I've had a very good one on my three cases and I've always been very prompt and complete in responding to any of his questions and it's worked out very well. Only one decision went to the full ombudsman which is provisionally in my favour so fingers crossed. Anyhoo one of them was with wonga, i accepted their offer last Friday, they emailed me yesterday, I responded immediately and the money was in my account today. It was over a grand so a nice quick turnaround as a data point for you all...
  11. My complaints with the FOS are currently in progress but the adjudicator today let me know that he was recommending two out of the three repay all interest paid and all credit footprints removed. (He's still waiting a response from the 3rd company) After all the misery its great to have results like this and like some of you i'm in line to get back thousands of pounds which i thought were lost. I would say that there can be a marked difference between adjudicators though, in an earlier case with a more culpable company they found in my favour without any communication from me, this current chap has been awesome, lots of questions and clarifications and he's got to the bottom of it. I think it helps to research similar cases and see how they've adjudicated and mention them in your first correspondence with the adjudicator. All cases are different for sure but it helps to frame the direction of enquiry if as in my instance you can find a case where repeated lending (ie more than 3/4 payday loans) showed a pattern of irresponsible lending by clearly using a short term product over the long term. Anyways, if you're reading this and afraid of taking it forward then don't be, if you've got the email trails, bank statements and do a bit of research, you have a great chance of getting redress for being wronged.
  12. But if you read the other threads on here, over the past few days Motormile have been removing defaults from credit files that they had no right to place so this may be unlinked to whatever correspondence you had with them.
  13. Thanks for this information, i hope its true and it holds up. If it does then it changes my life for the better massively, hope this also applies to others!
  14. Because the chap i was responding to noted that he'd just had accounts removed today also so i thought it could be linked. When you say 'correct' that sounds like a temporary measure, how long till things are re-instated?
  15. I came on here today because i had two defaults registered by Motormile Finance from payday loan lenders in 2010 which have just disappeared off my credit file with experian also... has this happened to any others?
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