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Everything posted by 1stlifeline

  1. Well, Ive just tried to get my credit report from the link but after entering all my details and card details it gives me a message saying there is not enough information to compile a credit report for me. God, there must be loads of info somewhere!
  2. That's not good. But did she leave the biscuits?
  3. Thank you for the reply, to answer your questions- I did get a default notice years ago. I haven't claimed any PPI or default charges as I thought that if I did that I was acknowledging the debt. The application form they have sent me does not appear to have all the prescribed terms and conditions. It was a credit card. I don't have all the paperwork with me now to look at but, in the latest letter from them it doesn't say if they are collecting on behalf of Halifax or if they have bought the debt. One thing I don't understand- The 6 year statute barred replies on you not acknowledging the debt, making a payment or contacting the company involved. But- if I have responded to the threats of the 3 different agencies which have written to me regarding the debt then does that not mean that I have in fact acknowledged it?
  4. Good evening all. Ive not been on the forums for some time now due to a lot of personal reasons. I was however wondering if much has changed. When I was last on I had great help from a few people on here regarding agreements being enforceable. If I remember correctly there were certain criteria which had to be met to make an agreement enforceable and I had a battle on my hands with Halifax who, in response to a SAR, had sent me not an agreement but instead a copy of an applicationform which had been signed by me but not the Halifax. I had written to them to say the debt was in dispute and in the last couple of years the debt has been passed to 3 different debt agencies and each time I have written to say the debt is in dispute and it has on each occasion been passed back to the Halifax. A month ago I got a letter from yet another collector and I replied with the same response ( I also pointed out that the Halifax had no right to pass on a debt that is in dispute - Is this still correct?) Today I got a letter from them which states that the Halifax have 'no record of there being a dispute' and they have also sent another copy of the same application form. So now I need to respond, but need to be sure of my facts- Am I still correct about the terms and conditions in an agreement, has anything changed? I also wondered about the 6 year 'statute barred' rule. Does this still exist? I havnt had direct contact nor made a payment to the Halifax in 5 years 8 months since I first sent the dispute letter. Does the fact that I have had to respond to other companies regarding the debt negate this? I would appreciate any help on this please. Thank you
  5. Yes there is further action pending, however, as I tried to explain in my opening post this payment is from a union personal insurance scheme and is nothing to do with the pending court case. Thats why I was worried about the wording in case they try to use the fact that my wife has had this insurance payment (which she would have been entitled to, court case or no court case) to wriggle out of the liability/damages scenario.
  6. Good afternoon, thanks for reading. My wife has been retired on ill health ground from her employment and also has a case pending because she had an accident at work. Under the terms of a union insurance sheme she is going to recieve a payment because she is now registered diabled. She has recieved a letter stating that the payment has been authorised but I feel a bit wary of the wording. It states that 'The (Company name) authorise that sum of ===== is payable in full and final settlement to Mrs -------- through the personal accident scheme in relation to the accident dated =====.' Now, the personal accident scheme is a totally seperate issue to the court case and would be payable anyway once disability was confirmed, however Im worried that by the wording of the letter they may try to use it at the court case to say that she has taken the payout in full and final settlement. My wife thinks the full and final part applies to the union accident scheme but Im just a bit wary. Im I right to think this way or am I just being negative with my thoughts.? I would appreciate opinions please. Thanks
  7. If someone changes from weekly to monthly pay is there any help available as there will be nearly 5 weeks with no income, or is it a case of grin and bear it. He has asked at work if they can do an interim pay half way through the month but has been told its not possible.
  8. Bumping to update. My partner has now had an unsucessful operation and has since been told that his condition may be permanent. He is claiming Industrial Injuries Benefit and Employment Support Allowance and has it in writing that he is now considered 20% disabled. He hasa also been toild that due to the type of injury it is extremly unlikely that he wil ever be able to return to work. (Although he refuses to think like that). However we are no further forward with the solicitor. She still dosnt seem to think he has a case as neither the council or his ex employer will admit liability. I dont see why its anything to do with the council anyway. The union are saying they are doing all they can by passing him on to the solicitor. The trouble is that we cant afford to fund this without the union and yet the solicitor they have given us is very negative about his chances. Just out of interest we have rung a couple of those 'no win, no fee' types of the television and they have not wanted to want to take his case. It dosnt seem right though. my partner was injured doing his job and is now left with a possibly permanent disablement and loss of income. I dont understand how his empolyer can not be liable and why the solicitor cant see this. What the employer seem to be saying is that if the weather conditions were so bad my partner should have rung in and told them he was going to have to abandon his round. (In reality he would have been disciplined had he done such a thing). He had worked the previous 2 days in the same conditions and not had a fall so he would have no way of knowing it was going to happen. The solicitor just keeps writing to him asking the same questions again and agian. Why didnt he abandon his round? Why wasnt he wearing snow chains etc? He rang to speak to her and said in a nice way that he didnt feel she was 'fighting for him'. Her reply was that she was behind him, that she could only follow procedure and that he was free to use another solicitor if he was not happy with her. What else can we do? any suggestions gratefully recieved!
  9. What they have written is---- We do not accept this is harrassment. We have provided time for you to contact the creditor and advise us of thier decision. Please be advised, W-----t is not the creditor and we do not hold the relevant document you require. You must therefore contact our client under s.78 of the C.C.Act 1974 for this information. (I have already told them that I have already done this and what they have provided is an unsigned application form and seperate terms and conditions and that it is not a compliant cca.) We have not ignored your dispute, however until you contact our client directly for the information you require we can only act on our clients instructions. (Why would I contact the client again????) The account is placed on hold for 21 days. Should we not hear from you within this period the account will revert to normal collection activity. We have acted in good faith and reject any complaint--blah-blah-blah------ When other collection agencies have tried it on with this account they have accepted my letters stating that the account is in dispute and have ceased action. I thought they had no legal right to proceed or chase me if the account was in dispute.
  10. Hi 42 man Been a while since Ive had to deal with this stuff but here we go again. They are collecting on behalf of.
  11. I have a debt that has been is dispute for the last 3 years because there is no valid CCA. It as been passed to 3 different debt collectors who have all in turn passed it back when I have written to tell them it is in dispute. Now I have W--cot on my back. I have written to them 3 times telling them thta the account is in dispute and also sent them the standard 'harassment' letters from the library on here. I have also told them I have contacted the FOS etc. Now they have written again to say that they have contacted the lender who says that the paperwork they sent is compliant (it is not) and they have given me 21 days notice to 'contact the lender yourself and get back to us otherwise normal collection activities will commence'. They have written to say that they do not hold the paperwork I require and I must get it from the lender. They say they have put the account on hold once for me to do this and that if I dont comply within the next 21 days they will proceed. They also state that they dont see 'asking me to contact the lender is harassment'. Any suggestions as to how to proceed please?
  12. Update time. Got in touch with the court and was told they couldnt give me any legal advice and to consult a solicitor which I have since done. It seems that they CAN pass the debt to Fredericksons, they cannot sell it but they can pass it to them to deal with. They can als add interest if they so wish as long as the orig agreement says they can carry on adding interest if you default if it is stated on the court judgement or not. I also spoke to National dbtline who told me that a lot of people fall into the trap of thinking that once the CCJ is given that is the final sum owed.
  13. Thank you again. The charging order is not a concern as we are in rented property. One last thing regarding my second question in the last post. The charges I speak of have been added by Fredericksons since it was passed to them. They are in addition to the debt and solicitors charges which were on the CCJ so if I understand you correctly--- The Nationwide cannot legally pass the debt, it has to be dealt with by themselves or the orig solicitor acting for them. Fredericksons were quite specific that they had not bought the debt but were acting on behalf of the N/wide. Therefore this other £3000+ which has been added has come out of thin air. Bearing this in mind and as Shoosmiths (The orig acting solicitor) have told me that they no longer hold the file, would it be an idea to write to the Nationwide for clarification and ignore all coresspondence from Fredericksons. My partner wants to set up a direct debit to Fredericksons to keep the payments going as he thinks stopping all payments is a bad idea (I told him to wait till they had looked at the incom/expen form before making any further payments) but I dont feel we should pay anything to Fredericksons in view of what you have advised. We also want to know where the extra 3 grand added on has come from.
  14. Thank you harrassed senior. Its getting really silly, Shoosmiths deny recieving any payments since Nov, our bank shows they went out for 3 following months, its a joke. We will apply to the court to get the payments sorted out. I have some questions I would like speceifc answers to if anyone can please. 1. Can they legally pass the debt once a CCJ has been given? 2.What are thier rights as far as adding nearly 3000 to the debt, surely if the CCJ was based on owing 13,000 then that should be what we still owe? 3. Fredericks say they have not 'bought the debt but are 'acting on N/wides behalf so can they add a fee? Same question as above I suppose. 4. How can they threaten court action when it has aready been to court?
  15. Thank you for the replies. Sorry I havnt got back before now and I do have an update. Originally we had a letter from the court saying that there was 'summary judgement for the claimant as the defendant does not have a defence with real prospect of sucess'. There was no payment plan set in place. We then got a letter from Shoosmiths who were acting for them and set up a payment plan by direct debit. 2 weeks ago they we got the letter from |Fredericksons saying they were acting on behalf of N/wide and we must now pay them. We clarified this with Shoosmiths who told us that N/wide had removed the file from them. (She also said the had taken no payment since Oct although our statment shows payments made in Nov, Dec and Jan. The orig amount when the court passed judgement was for 13,040. The letter from Fredericksons states the debt is now just under 17,000!!!!!!! Other half has sent them an income expeniture form showing he is now on benefits. Today we rec another leter from them threatening that if no debt not paid in 7 days they will take it to court?????? (This letter has crossed in the post with the incon/expend form.) Other half wants to ring them and kick off but I would like some advice as to exactly what to say to them please. Thank you for reading.
  16. Yes I have. I have written to them and also advised Wescot that I have done so. I have copied them in on the letters I have sent.
  17. We are getting threatening letters from Wescot. The first time, I wrote back and told them there was no valid CCA and they should return the file to the lender. The lender has tried 4 different companies up to know and on the other 3 occasions it was passed back to them as soon as I said there was no CCA. However Wescot dont listen. I have sent them the usual strongly worded harassment letter and followed it up with another telling them that I have reported them to all the usual places but have still had 3 more letters from them. Where do you go when the letters dont work?
  18. The court didnt state any payments. We got the letter saying that the court had ruled in Nationwides favour and that the whole debt was now due for repayment. The amount was set up in negotiation with thier solicitor although for the installments he pays he will be 112 years old when its paid off!!!!! That was before he ended up on benefits so now it could be worse.
  19. Thats correct. When they won the case their solicitor said they were looking to put a charge on the property. We had sold our property just before that and had no equity to speak of so they said they would accept a payment plan. He had been paying that by direct debit util this month. He got a letter from Fredericksons threatening baliffs and couldnt understand why they were involved so he rang them to explain he had a payment plan through the solicitors. Fredericks told him that they now were acting on behalf of the Nationwide as it had been passed to them. We rang the solicitor who said that the payments had stopped this month and that Nationwide had removed the file (I suspect they thought they could push for larger payment) . The solicitor said he should go to the bank to stop the standing order and speak to Nationwide to see why they had taken the file back. He did ask Fredericksons if they had bought the debt but they said no, they were just acting on Nationwides behalf.
  20. May i ask what the debt is for? Have you looked to see if this may need a CCA request , is the debt statute barred ?. There may be a way of turning the tables on these parasites Thank you all for the replies. We have been down the route of fighting it through the CCA request. He had 2 with the same company, one a loan and one a card and fought them both in court. He won the loan one but lost this one. The solicitor dealing with is for the other side let him set up a payment plan but they have now stopped it and passed the debt to Fredericksons. They can do thier worst, I just wanted to be certain that they had no roghts at all to my income details.
  21. My partner is being threatened by Fredericksons. We can handle the threats to a degree but I would like clarification on one point. They want an income an income and form expenditure completeing. Thats fine- he is on benefits. As it stands he has more going out than coming in, obviously as we live together I pay a lot of the bills but it is not my debt. Do they have any right to ask for details of my income?
  22. Thank you for the reply. The savings are actually 10,000. That was a severance payment for him having to leave his job through ill health retirement. Its not a lot considering he was on twice that per year whilst working and will never be able to return to the same kind of work because of his accident. His claim was above board, he hid nothing and was advised at the interview that his money didnt count because it was contribution based. Because I may be signing on on and off qhite a bit in the next few weeks I dont want his payments messing with. he has them set up to go into an account with direct debits coming out and its been so messy getting at all sorted that I dont want them stopping and starting his payments just because I have put a claim in. I thought if I was claiming on contributions it would be nothing to do with him. Can I cancel my claim if Im not geting it contribution based? If both your savings are below £6000 then they won't be counted. If they're above £6000, then they subtract £1 from any means tested benefit only for every £250 you're above £6000. If the total savings is above £16,000, then you won't be entitled to any means tested benefit. The savings are in my partners name and his sole account. Does that mean that a deduction would be taken from my claim as he isnt claiming a means tested benefit?.
  23. Morning all. I work for agency and have been told that there will be no work for at least the next 3-4 weeks. So yesterday I rang to enquire about claiming JSA. I have an appointment with them tomorrow and have been told to take in several things. My circumstances are a bit confusing -My partner is on Employment Support Allowance and Industrial Injuries Benefit. He had to take ill health retirement a few months ago and was given a severance payment. When he went to claim he was told that he could claim on his contributions so the payout he recieved was not taken into consideration. Its not a great amount but is still money in the bank. I have only worked and been paying contributions since Sept 09 so dont know if I have enough for contribution based JSA. When they went through my claim on the form she told me that there was no way to tell if I would get contribution based JSA until the processed the claim and so took me through the full claim process because she said that as I had a partner his benefits may be affected by my claim. The upshot is that tomorrow they want me to take mine and my partners bank statements amongst other things in to show them. My partner is really annoyed about htis and says he dosnt want them looking at what he considers private. I have told them he has the money in the bank, we are not trying to hide anything. I think the questions Im really asking are- From Sept 09 would I have enough contributions for JSA. (If i have then surely I can claim on my own and my partner shouldnt come into it) If I dont and have to go down the means tested route then can I withdraw my claim- Its taken so long for my partner to get his sorted out, neither of us ever having claimed before!, so I dont want to mess his up as I may well be back in work in around 6 weeks time if I dont find another job beforehand. We would have to go through it all again then get his sorted when I sign off. My partner is waiting for an operation and just getting to the ofice is hell for him at the moment so if by me claiming JSA its going to impact him then I dont want to do it. Any advice please.
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