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Everything posted by mikeyb101

  1. Ok Oakam have replied: "Based on the checks completed and the information you had provided to Oakam, you were approved for a loan of £XXXX. This is because you had displayed affordability to repay the instalments that would be due on the agreement. Oakam notes that the full terms and conditions of the loan were made available to you prior to completing your loan agreement and you did have 14 days to cancel your agreement if you felt the product was unsuitable for you. Thus, when you replied positively to the agreement; you were agreeing that you were financially able to manage the repayments due. Based on the numerous checks that were carried out against your name during the application process, we have found insufficient evidence to support your claim that your loan was mis-sold to you." their response is "you said you could afford it so we gave you the money" Even though I had 4 other short terms loans active at the time with other lenders. What should my next move be? Or is that it?
  2. Thanks. Will give it a couple of weeks then unless Lantern escalate.
  3. I emailed Oakam about 6 weeks ago regarding my irresponsible lending claim against them. They wrote back a little over a month ago saying they needed four weeks to investigate and to expect a full response within eight weeks. That was 5 weeks ago. This morning I got an email from Lantern Debt Recovery Services Ltd. saying Oakam had sold my loan to them and I was to deal directly with Lantern from now on. What should I do now? Just wait for Oakam to respond or start the whole thing again with Lantern or go to the FOS?
  4. My wife and I are renting and we've had several instances of anti-social behaviour in the immediate area recently. Last week a car was set on fire right outside our house and last night 2 more were burnt about a 50 yards away. I thought the first might have been an accident but with the other 2 going up I'm guessing it's deliberate. We've also had a couple of letters from the police asking for reports of anti-social behaviour in the street and to attend a local meeting about the problems where we could voice any problems so it is a known trouble spot to the council and police. Our tenancy runs out at the end of February but I'd like to know if these incidents could be grounds for ending the tenancy early? Also the landlord hasn't given us any information about the deposit protection scheme or even if he's using one. Could we use this to end the tenancy?
  5. Already sent one, as stated in first post. Should I send another?
  6. Received a letter a few weeks back from Robinson Way who were chasing a £450 debt for Capital One card that was paid off 7 or 8 years ago and the account was closed. Wrote to Robinson Way saying the account had been paid up and closed many years ago and if there was any arrears then they would be statute barred anyway. Got another letter today from Robinson Way saying that they had "an agreement from November 2012 with Hoist Portfolio Holding Limited" but Robinson Way would be handling the account and an enclosed letter from Robinson Way with their contact details on it. We've never had any contact with Hoist Portfolio Holding Limited but they do share the same address as Robinson Way. Any advice on how to proceed please?
  7. Had another letter from Welcome yesterday that again said they need £1 and more ID from me to send me the documents I requested. Do I need to file an N244 now and how will that help me when I go for questioning later this week?
  8. Having read other threads about Welcome Finance on here and on elsewhere I think it's completely normal where Welcome are concerned. They seem to stall at every available opportunity and use every means they can to get money from me.
  9. Acknowledge service of what? The original claim form (Yes) or the CCJ (no, it just came through the post).
  10. Set-aside - The CCJ said the default judgment was issued because I didn't return the claim form, but I had. Secondly I was paying PPI when I wasn't entitled to it (which would also have been my defence). Why did I miss the defence deadline - I was busy trying to keep my business going and also Welcome and Hegarty haven't sent me any of the information I have repeatedly asked for.
  11. Well I've made a pigs ear of this completely. I missed the deadline for the defence. Early December I recieved notice that I now have a CCJ and the paperwork said I had not responded to the claim form. I could not afford the fee for a set-aside form and I don't qualify for help with fees. A few weeks ago I had another letter from the court saying I have to go in for questioning and to take all my financial details, statements, etc. with me. Since then I've sent off a PPI claim form to Welcome and another CPR request letter. They've replied to both but again they said I needed to send £1 and extra personal details for the information I requested. I've written back saying it's a CPR not a SAR and they have 7 days to respond. That was 6 days ago and no reply yet. The original agreement was for £1318 plus £253.30 PPI plus £75 acceptance fee plus £1837.30 interest. (makes me feel sick looking at that and stupider for even agreeing to it!) I've tried doing a StatIntSheet but I don't have a monthly breakdown of payments and charges. So, looking for a little advice re getting this all sorted out, overturned or just reduced to a manageable amount please! I appreciate I haven't helped myself by letting things get this far but I was trying to keep my business afloat over the last few months and the house heated and food on the table. Thankfully January's been a lot better than November and December were business-wise!
  12. Hi all, Had another letter about the case, this time from Hegarty saying they ARE acting as solicitors on behalf of Welcome now. I haven't entered a defence yet, just said that I would be entering a defence. to be honest I have no idea how to go about entering a defence or how to claim or even if I can still claim. I have sent a CPR 31.14 request to both Welcome and Hegarty. Welcome responded with "we unable to investigate this matter." (without an account number) If you are unsure of your account number(s), you can request a copy of the Credit Agreement and Statement of Account by writing to us and enclosing a statutory fee of £1.00... Furthermore I am unable to verify your identity based on the information you have provided. As this is the case, I will need copies of either a passport or driving license for each customer named on the account." I used a template from this site for the letter, it doesn't specifically state "this is a CPR 31.14 request" but does state what the are required to supply under the Civil Procedure Rules. Do I send the N244 to my local court now that the case has been moved there?
  13. I sent my CPR request on the 25th June to Hegarty and got no response from them. Welcome wrote to me on the 26th June saying Hegarty were no longer representing so I resent my CPR Request to Welcome around the 12th July as I'd had no response from Hegarty after 14 days. Welcome have not produced the documents within 14 days of that letter either so can I move for a court order to produce the documents or get the case dismissed?
  14. Had a letter from Welcome yesterday from the "Customer Complaints Department" saying that without my full name and account number they are "uanble to investigate this matter. If you are unsure of your account number(s), you can request a copy of the Credit Agreement and Statement of Account by writing to us and enclosing a statutory fee of £1.00... Furthermore I am unable to verify your identity based on the information you have provided. As this is the case, I will need copies of either a passport or driving license for each customer named on the account." They've also sent a huge questionnaire to complete and return "to register a complaint about the sale of payment protection insurance." So where do I stand now and how should I proceed? It's been over a month since I got the original court letter and since I wrote to Hegarty (although they are no longer involved). I had a letter 2 weeks ago saying "This claim has moved to (my local county court rather than Northampton) as the CCBC Sol is No Longer Acting." if that's relevant?
  15. Thanks for the advice so far. Had another letter yesterday saying Welcome were no longer using Hegarty LLP as their solicitors and they would be representing themselves.
  16. Nothing from Hegarty at all until the court papers turned up. I had a few fishing letters at a previous address about a 18 months ago asking if I lived there and owed Welcome money which I ignored.
  17. Particulars of Claim: The Claiment claims for sums due uner a/various Credit Agreement(s) related only to money regulated by the Consumer Credit Act 1974 entered into between the Claimant and the Defendent. The agreement(s) was/were terminated upon the Defendent failure to comply with the terms of the Agreement(s). The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct. And the Claimant Claims: Personal Loan Account number XXXXXX balance of 2,394.14 as of 19/11/07. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 19/11/07 to 13/6/12 of 875.27 and also interestat the same rate up to the date of judgment or earlier payment at a daily rate of 0.52 AND Costs. Thanks for the advice so far, keep it coming!
  18. In August 2005 I had a loan arranged for me by a double-glazing firm to pay for a new door for my house. The loan was with Welcome Finance and was for £1,318 plus £253.30 PPI plus £75 "acceptance fee" so a total of £1,592.30. My last payment was July 2007 and I haven't heard anything from Welcome since the end of 2008 when I sent them a SAR - which if memory serves they didn't respond to. Yesterday out of the blue I got a Claim Form from Northampton County Court from Welcome and Hegarty LLP asking for £3,434.41 which includes £85 court fee and £80 solicitors fee. The form says my balance is £2,394.14 plus £875.27 interest. There's no statement of charges or fees attached or any paper work at all for that matter other than the court papers. I'm looking for advice on how to proceed. I'm self employed and have been for over 10 years so I'm fairly sure I was never eligible for PPI in the first place and I've no idea how they've got a figure of £2,394 for my balance. Should I send in another SAR and how should I respond to the claim form?
  19. Can anyone tell me if there's a time limit on requests to switch suppliers for gas and electric? I originally asked BG to be the supplier for the house I moved into in September 2009, that request was cancelled in December by BG as there was a dispute between them and the previous supplier (Scottish Power) and I was told to re-submit it which I did. Didn't hear anything so switched to Eon in July in a totally painless move and then had a letter over the weekend from BG saying they were taking over my electric supply. Spent 35 mins on the phone this morning going round in circles trying to get it cancelled but they say it will take 6 - 8 weeks to be sorted but I won't be charged by BG. So is there some sort of time limit in which these companies have to make the switch in or can they just act on these requests when they feel like it?
  20. I moved into a new house in September, told British Gas I wanted them to supply gas and electric at the address, they said fine we will start supplying you on October 10th. Scottish Power (the previous supplier) sent us a few bills which were addressed to the letting agent (I had told British Gas the name of the agent when I filled in the home moving form, so BG had obviously told SP to expect a change). We gave the letters to the agent who returned them several weeks later (after October 10th!) telling us we had to pay the gas and electric, which I had no problem with. I then chased British Gas about our bills as I hadn't had a final bill from the old address and nothing to confirm they'd set up a new account for the new address and was told the move was on hold as we owed Scottish Power. So I paid SP and expected things to move from there as the guy at BG said things would just kick in once the SP bills were paid. Got new Scottish Power bills on Friday, £500+ just for gas for 3 months, would've been £150+ less if BG had made the switch correctly and put me on their web dual fuel tarrif. Is there anyway I can get SP or BG to refund me the difference? Or do I just have to pay up and hope BG move the account before the next bill arrives?
  21. Should have updated this months ago but Lowell / Shop Direct could not find my original credit agreement and have closed my account and written off the debt.
  22. Found out from the ex-wife the other day that Severn Trent Water have slapped the two of us with a CCJ for an unpaid water bill. She moved out in 2000 and I told Severn Trent several times she'd gone by letter and email but they never changed the bill. I moved out in May 2008 and that's what caused the trouble. Apparently I was in arrears when I moved out and Severn Trent have been chasing the arrears by writing to me at the old address, even though they admitted to the ex that they knew my new address (which is now another old address as I moved out of there after 18 months). The original bill was £394.12 and court costs bring that to £563.77 and now they are threatening sending baliffs to the ex. Obviously she's a bit distressed by this as she left 10 years ago. Someone at Severn Trent told her they would have only taken her name off the bill if she had contacted them directly at the time. So I have a CCJ against me that I knew nothing about for a water bill that's nearly 2 years old that I knew nothing about as they'd sent correspondence to the old address even though they knew I'd moved and had my correct address at the time. Is there anything I or she can do to get the CCJ removed from the ex's credit record? I've written to Severn Trent to get a correct bill for the time I was actually living there and sent proof I had moved house and supplier.
  23. I had a similar situation with Capstone (not the wrong data but the wrong arrears). Their legal man had the wrong arrears on his data and I pointed it out to him about 10 minutes before we went in to see the judge and he rang capstone and changed it.
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