Hi guys,

I had a loan with Halifax for £7155 and it had another loan on it for £1573.73 plus interest for PPI this was taken out in 2003. Unfortunately, I fell behind with the payments and the loan was sold on to a DCA, which I have been paying via Payplan and the DCA are making me pay £6854

I wrote to the Halifax on 30th October 2008 submitting a claim for PPI. They responded in writing on 19th November 2008, with their usual waffle and also went on to say that I will receive a payment within 1 month.

On 19th December, I telephoned them and was told that the loan agreement had been written off and that the Halifax were looking at their PPI refund procedures, I requested written confirmation that the amount had been written off and have heard nothing since.

I wrote again in January 2009 (recorded delivery) - No response

In February 2009, I reported them to the FOS, but they are very slow due to the sheer volume of complaints they have about PPI etc.

I have today written to Halifax again asking them to confirm the accont is wriiten off and to either send me a check for £1573 +8% or ask the DCA to reduce the amount owed by the same. I have given the ANOTHER 15 working days to come up with the goods or I take them the small claims route.

Can anyone suggest anything else???

regards & thanks in advance

Their solicitor asked for costs of £1500 to be added, the judge refused this outright as they had no reason to make me bankrupt in first place, as I was already making payments via payplan.

I just need to know can I apply for a cost order against them?

Hi Guys,

Just an update...I attended court and their solicitor turned up, went in to see the judge and obviously he gave his case for making me bankrupt and I argued that I have been making regular paymnents via Payplan.

The Judge asked me to show where the payments had been sent etc, their solicitor confirmed that they had received the payments but tried to argue that they had not been able to contact me regarding the matter, so I produced letters that I had sent via recorded delivery and proof of delivery, showing all correspondence between all partys.

The judge threw it out straight away and refused to order costs against me.

I am not bankrupt, and I am made up as I have stood up to these bullies and won . The only question I have is can I put a claim in for costs against them, and if so how do I do it?

Jimmy. From the information you have provided it is likely you can keep the property by exercising your right under the low cost transfer scheme as previous discussed within this thread. Just make sure that the OR actions this as soon as you start dealing with them, sometimes you need to make it very clear. Also, OR's are very busy people right now so make sure they work well for you.

 

Who is the DCA by the way?

 

Best wishes,

 

Seq

Thanks for your upport guys it means alot!!

The DCA is Marlin Europe (Mortimer Clarke) nasty bunch do not listen to anything you say. Court date is Monday 2nd March not looking forward to it at all.

Have you other assets?

What other debts do you have?

Are they aware you have no equity in the house?

How do you feel about being made BR?

Other assets = None

Other debts = total of £12k all included in DMP, which is upto date

Are they aware = Yes, after several calls and letters telling them so

How do I feel = All I am concerned about is the house for my missus, our newborn and me.

Petitioned for BR, SD was served back in July 08.

Gizmo,

I am being taken into it by a DCA, even though I am making payments via a DMP.

First of all, I do not have an attitude, everything I have said is based on fact and is also based on a telephone conversation I had this morning with the Insolvancy service, which you provided me with the link. It was also backed up by an OR.

At the end of the day Tony we will have to wait and see, yes it may take time.

Everybody's situation is different my friend

Tonycee,

I do understand and the OR has said that if I did go BR then my partner can buy my share of intrest which will equal £0 for £1 from the BR

Outstanding shared Mortgage (interest only) = £101k

shared Secured Loan against Home = £18k

Outstanding Total shared secured lending = £119k

Home currently valued at £103k so if home was sold for £103k we would still be in negative equity by £16k. If we were forced to sell the house and to knock say 20% off that would make things even worse. There simply is nothing at all in the house to take.

I have just submitted my defence to the court and I asked about the house situation. They gave me a number for the OR.

When I rang them and explained the situ, they confirmed that the house would be in negative equity becasue of 2nd charge on home (secured loan) and they confirmed that my partner would be able to buy my interest for £1 + £211 legals and as long as we keep up the payments on the mortgage and secured loan nothing will happen to the house.

They also advised that the mortgage and secured loan do NOT even come under the bankruptcy as they are secured lending.

Just have to wait and see what the judge says now, as long as our home was safe that is all I was worried about.

Thanks for your reply Loobyloo35.

Can anyone else shed any light onto this?

I have a mortgage for £101k and a secured loand for £18k, the house is worth approx £105k, would I lose the house if I was made bankrupt?

Can my partner buy my share of the house?

Please advise

Steven,

Have you managed to have a look at the CSA I posted for you to have a look at?

Thanks Steve, see attahced PDF

CSA.pdf

I am paying Marlin Europe £51.08 per month through Payplan and have done so for the past September 2008 in order to reduce a £4000 debt.

I have today received papers from their solicitors Mortimer Clarke enclosing a Bankruptcy petition and Schedule of Costs by way of service upon me. They say I will need to appear in my local County Court on 2nd March @ 11am. A previous hearing was done on 18th December (according to a piece of A4 paper I have in front of me), which I knew nothing about!!!

I have sent everything across to my case manager at Payplan and also called Mortimer Clark and explained that I am making regular payments via Payplan, I am waiting for someone to call me back.

I remember receiving an SD in July 2008, but I didnt contest it as the time was already up on it, so I just sent it to Payplan.

I have just looked at the Conditional Sale Agreement, which is regulated by the CCA 1974, taken out in 2003, there is no signature next to my name or the witness name for that matter only a signature OBH the finance company. Also in the "due dates for monthly payments" it is blank, nothing has been entered. Is this agreement enforceable?

I have never seen a Default notice on this matter nor a letter before action, all I received was an SD back in July 08.

I have to go to court on 2nd March @ 11am

Any advise, please!!!!! I am worried sick now, just had a little boy and do not want to end up homeless

Quick Question, I have a Conditional Sale Agreement which is regulated by the CCA 1974, and although I have signed it there is no date next to my signature or the witness for that matter and in the dates for monthly payments it is left blank

The only date it has on it is on behalf of Finance Company, which could have been done anytime!!

This was taken out in 2003.

Please advise

If this was me .....i'd inform Connaught that this is the subject of a bona fide dispute and stop paying them...Have you got anything in writing that the account had been written off ? if that is the case then send it to Connaughts...

No I have not got anything in writing, I have requested this 3 times now too and no response!!!:-|

NEXT Directory have admitted that they do not hold a signed CCA from me and have sent me the usual "Blank" CCA.

They have placed a default notice on my CR File and advised that they will not remove this even though they do not hold a signed agreement, they have also placed default charges and interest on the account.

Am I right in thinking that without a signed agreement they are NOT allowed to process any personal information about me, charge interest on any accounts I may have with them and issue default notices

They claim that they have a valid right to do so, even without a signature!!!

I have a balance of £126 remaining as I have been paying Howard, Cohen & Co for over 12 months now, NEXT have confirmed that they had placed £176 in interest on the account and they will not reverse this. I have approached the FOS but they are very limited in what they can do

Any suggestions?

Hi everyone,

In October 2008 I made a PPI claim against a Halifax Loan that I had taken out in 2003, which unfortunatley I had fallen into arrears with and have since been paying Connaught Collections every month. Shortley afterwards I received a letter from Halifax advising that I would receive a payment from them within a month!!

A month had passed and no payment received, so I telephoned them only to be told that the account had been "written off" and that the reason why no payment had been issued was because they were looking at their payment procedures. :-?

On 15th January, I sent them a letter again by Recorded Delivery asking them for an update and also asking them to confirm in writing that the account had been "written off" Letter was delivered on 19th January!!! To date nothing again.

I telephoned them again today and again I was told the account had been "written off" and they were still looking at their procedures I have just completed the FOS form and sent them copies of everything and stated what I would accept as a satisfactory outcome, but in all honesty, I am not at all confident in using them afterall how much "clout" do they really have??? In the mean time, I am still paying Connaught Collections on a monthly basis for a debt that may not exist, even though they had sent me a copy of CCA.

Can anybody suggest anything else?

Question!!

If a creditor or a DCA CANNOTT supply a signed CCA are they allowed to charge interest, place charges on the account or use your details to notify credit reference agencies etc?

I have a bit of a problem with NEXT & Studio, I want to get them to remove all charges and interest etc

Any thoughts

Hi Guys,

NEXT are chasing me for an alledged debt which is now reduced to less than £180, which is mainly in charges. I have never signed an agreement with them and have requested a copy of the executed CCA, which they sent me a blank CCA. I reported them to the FOB who were no help at all :evil:

So I sent NEXT this letter...

"Formal Complaint

I write in response to your letter dated 16th October 2008 regarding the non-compliance of providing me with a true-signed copy of my credit agreement.

As NEXT have already admitted not having a copy of this agreement, I request that you send me a full breakdown of all charges and interest that has been added to the account as I wish to take steps in getting these removed / reversed. Without a signed agreement, you are not allowed to apply charges or interest to any account held in my name, neither are you allowed to hold or process any data about me with external companies. All of which NEXT have taken it upon themselves to do so, without my consent, as I know I have no agreement with you.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults.

Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you fail to respond within 14 days, I will expect that this means you agree to remove all such data and all further payments to you or Howard, Cohen & Co will cease."

Bearing in mind that these people, do not have a signed agreement from me and have said that a blank copy would suffice, they have placed charges on the account and defaults against my credit file and passed my account to a DCA. I have today received a letter from them advising that they wil not remove any data they hold about me and will continue to seek the full amount owed. The have also advised that they are members of the Mail Order Traders Association and if I am still dissatisfied, I should approach them. they have not sent me a breakdown of the charges as per my request.

Any advice would be appreciated

Still not heard anything from Vanquis and their time is well and truly up. I have today reported them to the FOS (what use that will be) you never know they might get their finger out of their arse!!!

I have basically said, either send me my CCA or remove all charges, interest and information they hold about me.

See what happens

I have print outs from Royal Mail confirming they were signed for at delivery.

Thanks for your help Scabhunter

Hi Guys,

Cracking site...

On 10th September 2008, I sent a CCA request to Vanquis. I received no reply so on 20th October 2008, I sent them a non-compliance letter (both by recorded delivery)

To date, I have received nothing at all from Vanquis, they have tried calling me but I either ignore them or if I fancy an argument I speak to them and ask where my CCA is? (They really are snotty blighters)

Now what do I do...it is clear that they are ignoring my requests

Any advice??