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Everything posted by langhar

  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
  14. Thank you Zimmie and Tomterm8 for your advice and help. I will complain to TS and OFT on Tuesday.
  15. Hi all, Just to update you. I have still not received any of the info that i requested from Wragge solicitors on the 3rd April. The SAR was sent to Halifax and i received a letter dated 25th April from them saying they had received my letter and they are currently processing my request. The letter also said " Please note HBOS plc is not obliged to supply records held in paper format as they do not form part of a relevant filing system. " Is this the case? If so, how can i get paper copies of records that are held? One more question. They are trying to charge interest from tha date the house was sold to the present day at 8%. Can this form part of my defence, as that seems like an extremly high interest rate even at todays standards? Regards Langhar
  16. Hi all, Not been on for a while coz of Computer problems. Just thought that i would update you all. I sent Lowell a letter dated 11th April 07 saying that "on the 15 March 2007 i requested a true copy of the executed credit agreement under CCA 1974 and that to date all they had sent was the initial application form signed by myself, which only proves i applied for a credit card. It does not prove that i owe any outstanding debt." On 25th April 07 i received a letter from Lowell which says in part "We can confirm that we fulfilled our obligations with regards to your Consumer credit act request by sending you a copy of the original aplication on 2nd April 07. Under the terms set out by section 78 (1), we are not required to send you any other information except for the agreement. As you have stated in your letter that you require further proof of the monies owed to us we have requested copy statements from our client." Then on the 26th April 07 i received a letter from Hamptons Legal adressed to Mr George Langham, (my name is Robert Langham and all other letters have been adressed to me.), saying "As you have failed to attempt to clear your outstanding arrears or adhered to a repayment plan i enclose a statutory demand by way of service upon you......... we may be in a postion to present a Bankruptcy petition against you should you fail to respond accordingly." Are Lowell right? Does a copy of a signed Application form fulfill a CCA request? If not, the 12 days + 1 calender month ended on 3rd May 07 so have they now committed a criminal offence? What do i now do about Hamptons serving the Statutary Demand?????? Please Please Help. Langhar
  17. Sorry to sound dim, but when filling out the court forms do i put in as a defence that they haven't sent requested documents. I am not disputing that i owe anything, but I am disputing the interest charged and how much they sold the house for. What am i best to write on court forms?
  18. thank you tideturner for all your advice and support. I will phone the court this morning and get the ball rolling. Regards langhar
  19. Please help. I am really panicking now. I sent a letter to Wragge on the 03/04 asking for a full breakdown of the account and asking for info such as when arrears began, when last payment made, when was house sold and how much for etc. I have still not had a reply from Wragge but yesterday (Friday 13th of all days) i received a claim form from Birmingham county court. The total amount they are now wanting has shot up from £16201.51 to £27102.44. The breakdown of that sum as follows: Amount due at completion = £25803.20 Cost of sale = £5413.79 Total = £31.216.99 Less proceeds of sale = -£13500.00 Less subsequent payment = -£1515.48 Shortfall total = £16.201.51 Interest from date of sale to todays date @8% = £10400.93 And interest on same basis until judgement @ daily rate of £3.55. What should i do now? As i said i have had no reply from Wragge with the info requested and i can't afford to pay back the £16000 let alone £27000. Would i be better off going to one of these debt management companies? If so how do they work? Would i loose my house? PLease Please help. This, along with the CSA debt, is putting a massive strain on me and my family. regards Langhar
  20. I was contacted a couple of years ago (sorry can't remember exactly when) by a Halifax saying that they expected to make a loss of approx £16,000 that i would have to pay back, but they didn't tell me the house had been sold or when it had been sold. I spoke to a gentleman and told them that i was not prepared to pay an expected debt and that they should get in touch again when they had a definate amount. Not heard anything until now.
  21. Hi, I am having a bit of a problem with LCS, who are trying to collect an alledged debt for electricity supplied by Powergen. I was renting a house in Leicester until Aug 2005 that had a card meter. I used to buy £10 worth of cards at a time and when the electricity went off i would pop to the shop and buy another £10. I only used the emergency button on a few occasions. When i moved out in 2005 there was nothing oweing on the meter (in fact there was still credit on it). I informed Powergen when i moved and told them my new address so they could start supplying my Electricity there. After about 6-8 weeks we changed our supplier and cleared any outstanding bills with Powergen. The problem now is that LCS have been in touch last week to say that i owe £245 for electricity used in the house in Leicester between Aug 2004 and aug 2006 (but i moved out in Aug 2005) I phoned them to explain the house was on a card meter and that i wasn't living there for half the period stated in the letter but they said that even being on card meter i could still run up a debt and that i would have to prove to them when i moved out. Are they right? Can you run a debt up if you are paying for electic cards as and when you need them? Any advise would be great. Langhar
  22. Would anyone have any advice on whether or not i should send a letter to Lowell saying that a signed copy of an application form does not fulfill the CCA request? I don't want to do their job for them but on the other hand i don't want them to think everything is ok.
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