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  1. Hi, Has anyone got any suggestions on how to proceed please. I would really like to try to get this sorted once and for all.
  2. Hi Prematurejack, Firstly i would like to wish you all the best. Many people (myself included) are fighting these sharks. Now i am no expert but I think the only way to find out when the last payment was received is to send a SAR (subject access request) to your original creditor. They will have 40 days from receipt to send you all the statements and any other info you require. Make sure you write at the top of the letter "I acknowledge no debt to your company". A template of SAR letter can be found within this forum. You will also need to send them a £10 postal order. Make sure you send it by recorded delivery. As far as i am aware a CCA request does not constitute acknowledgement of any alledged debt, but again write at top of letter that you do not acknowledge any debt. Someone with alot more knowledge than me will probably be along shortly. As i say i am no expert so if i have misinformed you i apologize. Good Luck Langhar.
  3. Thanks ODC. "Doctors differ and patients die" I like that, very funny lol. I have just emailed Experian as per Curlybens suggestion so will await any reply from them. Suppose i should just sit tight and see if these Clowns are gonna serve me with a correctly served SD instead of the joke one i got back in April.
  4. Thanks Curlyben. I will get on to experian today. Hi ODC, It is getting quite confusing now as to who actually owns the debt. I am getting letters on a regular basis from both Lowell Financial and RED debt collection. Lowell sent me the copy of signed application form and seem to think that they have complied fully with CCA request and RED debt collection sent me copies of my Cap One statements and are now demanding payment within 5 days. A little concerned after reading some threads on here that some TS offices think that a copy of signed application form DOES NOT comply with CCA while others seem to think that it DOES. Not really sure how to proceed.
  5. Hello again, Just received a copy of my credit report from Experian and, Surprise Surprise, Lowell Portfolio have entered the following default on it: Company name:LOWELL PORTFOLIO I LTD Account type:Credit Card / Store Card Default Balance:£841 Current Balance:£840 Defaulted On:23/09/2002 File updated for period to:15/10/2006 Status History: (brackets indicate most recent status)[] There are a few things i would appreciate advice on please. 1st) Can Lowell enter a default against me as they are not the original creditor? 2nd) How do i go about getting Lowell to remove the default? 3rd) As you cans see, Current balance is £1 lower than defaulted amount. Does this mean that the £1 postal i sent with my CCA request has been used to pay the debt? Would this mean if i went to court the Judge would say that i accepted liability? Sorry to keep seeking advice but these Clowns are starting to get me down. Cheers Langhar
  6. Just a quick up date. Still not received anything back from Halifax in response to the SAR i sent them. I phoned Wragge on 11th May to request explanation of charges applied to my account and also to find out why house was sold for £13,500 when Halifax's own valuers valued it for £19,000. Wragge said they needed to contact Halifax for that info and they would get back to me asap. I still have not heard anything back from them on this. Whilst on the phone to them i also asked if the info they had sent was in response to the SAR to Halifax and they said no. Halifax where under an obligation to reply to me directly with the info requested. As i have said Halifax have sent me NO info at all. What are the time restrictions for Halifax to respond? Is it worth me contacting Wragge for the info they where supposed to be getting for me? Any advice on how to proceed? By the way, i did get a questionaire from the court which had to be filed before 30th May. I sent it back to the court around the 20th May and have recently received a copy of the same questionaire sent to me by Wragge. Thanks in advance Langhar
  7. Hi, Sorry to keeping asking for advice but would anyone be able to suggest a next course of action for me? Is there a template letter i could send to Lowell/Red advising them that the have defaulted on the CCA request, therefore committing a criminal offence, and that i have reported them to the relevent authorities and respectfully requesting they leave me alone? Please help.
  8. Update time, Received a letter from Red Debt collection services on 31/05/07 along with statements fron Capital One (dated 18/05/2000 - 19/06/2002). The letter reads as follows:- Dear Mr Langham, our ref: ********** original creditor: Capital One Balance outstanding: £***.** We write in respect of the above debt, which, as previously notified in writing we have purchased from Capital One. Please find enclosed copies of the original statements as requested. We know require you to call our collections department on the above telephone number to discuss this debt in more detail and to reach a satisfactory resolution. We trust this information clarifies the situation and look forward to hearing from you. Yours sincerely, Firstly, they have never sent anything other than the Original signed Capital One application form, which they think complies with the CCA request. They have not sent anything to prove they actually own the debt. Secondly, the time for them to comply with the CCa request expired on 3rd of May and the staements where not posted until 31st May. Have they still committed a criminal offence? How should i continue with this? Can they now enforce payment in court after sending the statements? Any help would be much appreciated. Thanks
  9. Hi Tideturner, My mortgage was originally taken out with Leeds building society. They where bought out by Halifax. My biggest issue is the fact that their own in house valuers valued the house at £19,000 (2 valuations done by same people 3 days apart) but they let it go at auction for £13,500. Wragge have said that if i accept full responsibility for the whole debt then Halifax will accept £50 per month but they want first payment by 30th May. By the way I have posted my defence back to the court today. I am tempted to just let it go to court and see what happens. I will be on the phone to Wragge tomorrow to get them to explain some of the charges that are on the account and also to find out as much as possible about the MIG. Thank you very much for all the help you have given so far. I will keep you upto date. Langhar
  10. Hi Tideturner, The SAR has been sent to Halifax and they have sent me a confirmation letter but as yet have not supplied any documents requested. However, i also asked Halifax's solicitors for some information which they have supplied by letter today. It is not my intention to dispute owing any money, but i do not agree with how much they are saying i owe and the circumstances with which they arrived at this amount. It's funny you mention the MIG. The covering letter from Wragge says "the MIG was in place with Royal Sun Alliance for the sum of £5200.00. This amount was recovered under the MIG policy and now Halifax seek to recover this money, on behalf of Royal Sun Alliance, under a subrogated claim". I have no idea what this means so any advice on this would be great. I would also like some advice on the following:- 1) What charges are they legally allowed to chase me for?? There are charges listed on the paperwork i.e, arrears admin charges,legal costs and a counselling fee which i can't remember anything about. Don't even recall being given any counselling by Halifax. 2) They have sent a copy of two valuations carried out by Halifax asset management which clearly states that they valued the house at £19,000 and suggested they market it at £22,450. So my question is why did they accept £13,500 at auction??(a house four doors down from mine was sold at auction in Oct 98 for £20,000 and was in similar condition to mine) Would this be an acceptable defence? Lastly they have accepted a repayment of £50 per month but only if i admit liability for the entire debt. Not sure what to do. regards Langhar
  11. I just got the report from Land registry for houses sold in the same area as mine between Jan & Mar 1999 and the average house price for a semi detached property was £43,827. My house was sold for £13,500, so can i use a defence of "Mortgagee has legal obligation to achieve the best possible price. In my opinion, looking at average prices at that time £13,500 was not best possible price." This would also change the amouint of interest they are trying to claim for. If they had sold for above £25,000 this would have settled mortgage in full so i would have owed them nothing. Any advice appreciated. thanks Langhar.
  12. Thanks Diskmandave, I have read your thread. It is very inspiring to know that the little guy's can actually win. Congratulations!! I hope to be putting this dispicable company behind me in the very near future. Regards Langhar
  13. Thank you ICO. It is a appauling how low this company go to retrieve monies that they can't even prove people owe. I just hope enough people complain to the relevent authorities and this company get prosecuted. I would like to thank everyone watching this thread for their support and advice. regards Langhar
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