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  1. No it's not on my credit file, never has been either
  2. Hey, I was hoping for a bit of help with a really old Talk Talk debt and BW Legal. The debt is from 2014. I'm not sure that it qualifies as statute barred? I haven't heard off them for years, but within the past 6 months or so, they've been sending me their standard debt collection letters and emails. I have just ignored them and I haven't formally acknowledged the debt. However, recently they've been threatening to issue court proceedings, so I thought I would like to try and get them sorted out. Am I right in thinking that this type of debt it an unregulated debt? As in it wouldn't be covered by the Consumer Credit Act? If that is the case, is there any precedence for doing a SAR request to ask for a copy of an agreement to provide their services? I am assuming that they would rely on some sort of original agreement between myself and Talk Talk to provide services? Would It be worth doing a DSAR instead? I am familiar with doing SARs for consumer debt, like loans and cards, but I haven't done one for a utility debt. Would someone be able to point me in the right direction please? Many thanks
  3. Just a quick update on this one... I sent a CPR 31.14 request to Lowell Solicitors, today they responded... "Upon reviewing the account, a commercial decision was made to close the account. The claim issued in this matter has been discontinued, a copy is enclosed for your information." I'm guessing that they never had any of the documents they referred to in their pleadings! Success! Thanks everyone for the help and advice.
  4. Hi guys Here is the info... Name of the Claimant ? Lowell Portfolio Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 31/01/2017 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1.The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Provident Personal Credit Limited under account reference XXX ("the agreement"). 2. The Defendant failed to maintain the required payments and default issue was served and not complied with. 3. The agreement was later assigned to the Claimant on 26/06/2015 and notice given to the Defendant. 4. Despite repeated request for payment, the sum of 231.00 remains due and outstanding. And the Claimant claims a) The said sum of 231.00 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of 0.051, but limited to 1 year, being 18.48 c) Costs What is the value of the claim? Amount Claimed: 249.48 Court Fee: 25.00 Costs: 50.00 Total: 324.48 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Provident Loan When did you enter into the original agreement before or after 2007? After 2007 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. Assigned to Lowell Solicitors - issued by Lowell Solicitors Were you aware the account had been assigned – did you receive a Notice of Assignment? No, but I have moved twice since then Did you receive a Default Notice from the original creditor? No, again I have moved twice Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Mental health problems and other health issues What was the date of your last payment? About 1 month after taking the loan Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No
  5. Hey, I haven't posted on here in a long time but I have just received a Claim Form from Lowell Solicitors on behalf of Provident. I used to work in litigation, but that was 7+ years ago (unqualified legal assistant), so whilst I am familiar with small claims and county court processes, I am a little rusty all the same, so I hope to get some information from people in the know... The date of issue is 31/01 I have filed AOS I am calculating the date for the defence to be by 04/03. I have made a CCA request to Lowell Plus I have made a CPR 31.14 request to Lowell Solicitors The part that I need help with if is... I don't really know how to defend my claim. Do I just hope that they cannot find the agreement, unable to provide a legible copy, or there is an issue with the contents etc? If I remember rightly then this loan dates back to 2010/11 - in which case it might be statue barred? I have made a payment to them in almost the same amount of time. I will need a copy of the agreement to see what date is on it. Is there anything else I should do or be aware of? I stopped paying because I was struggling with my mental health; I received a bi-polar diagnosis whilst battling other health issues - so I just lost all touch with reality for a while. Thanks in advance! M
  6. Really? Because I thought that once I was discharged from bankruptcy then I was free from the restrictions that an un-discharged bankrupt is subject to? I could win the lottery and not have to pay a penny towards my bankruptcy debts, nor would I have to tell the Official Receiver.
  7. Hi there, I was just after a bit of advice... I declared myself bankrupt in 2008 and I was given an early discharge some 8 months later because I had no large assets etc, so I was an 'open and shut' case. I wanted to look in to the existence of PPI on some of my pre-bankruptcy debts, but because I was unsure whether I had PPI attached, I sent a section 77/78 CCA request to some of my creditors. MBNA have said that any entitlement to request 77/78 CCA 1974 request has passed to the trustee, and therefore they are not obliged to send me a copy of the credit agreement. But from what I understood, since I have been discharged, and so has the trustee from their duties, surely I should be able to request a copy of the credit agreement? If anyone could shed any light on the situation then I would be most grateful. Thanks Mark
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