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Welshwoofs

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About Welshwoofs

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  1. Well we had information sent from them today which they're saying fulfills the SAR but I think otherwise. There's a copy of a letter they supposedly went to my OH (but he's never received) which informs him that they've been assigned the debt but it's not a copy of the Notice of Assignment. The full statement of accounts appears to consist of a print-out of their account information which simply states my OH's name, info that he's a home-owner (he isn't), an employer name he's never worked for and a total amount of debt. There is absolutely no break-down of what this figure is made up of.
  2. Very true. OH was thinking about doing that but was rather suspicious that this company may not have anything to do with it at all and be pulling a fast one, especially after querying Northampton CC and hearing that the CCJ was still in the name of Yorkshire and no application had been made to change the creditor's details. That's why we sic'd a CCA and SAR on them to see if they had, in fact, been given notice of assignment and what exactly they were claiming for. As their name is on the SD as assignee of the debt, is it worth popping them £40 of postal orders at this point to bring the
  3. Many thanks for the help on this Shawn Having had a really good look at this SD they are issuing it under section 268 (1) (a). We're going to apply for a set aside under #8 listed in the set aside application: "Say that the Demand does not comply with the Insolvency Rules in that....(and then highlight the following from Section 268 in red)...the complainants have failed to a) demonstrate the debtor is unable to pay the debt and b) the debt is subject to a CCJ repayment order of £10 a month and NOT immediate repayment" Section 268 says: 268. Definition of “inability to pay”,
  4. To answer your questions: 1. The payments are now not up-to-date. The last payment was made in Sept 08 and October's payment was returned by Yorkshire with a note that they had sold the debt on and the new owners would be in touch in due course. The next thing received was a letter from Phoenix in November demanding full and immediate repayment of the whole debt. We did the following: a) Emailed them stating the debt was subject to a CCJ with repayment terms of £10 a month and as far as we were away they had to accept that. That email, though read, was ignored. b) Sent off a CCA an
  5. It was sent by first class post. Is the fact that this debt is subject to a CCJ whose payment plan has been honoured enough grounds for a set-aside? It seems bizarre to me that a County Court can issue a CCJ, the debtor honour the repayment terms stipulated by that CCJ and still have a face a SD simply because the original creditor sells the debt on!
  6. My OH has just been served an SD through normal post this morning from Mortimer Clarke acting on behalf of Phoenix Recoveries. We've read a lot of the SD information here but this case has one confusion which is making us unsure of what to do. In essence, the debt is the subject of a CCJ in 2004 with the repayment terms of £10 a month to Yorkshire Bank. My OH had been dutifully paying that £10 a month until he got a letter in the post one day from Phoenix Recoveries stating they had purchased it and would be in contact shortly regarding repayment. They got in contact to demand full repaym
  7. Many thanks for the information! My OH has now written off to Northampton CC Bulk Centre with a query/complaint on this matter. He's also hit Phoenix/Mortimer Clarke with a Subject Access Request for good measure to see where the hell they've come up with this new debt figure from. He'll make a complaint to Trading Standards today. Shower of ****s these people! He wants to pay back this debt and has been doing so and they change the goalposts!
  8. Many thanks for the advice. If the County Court Judgement still stands, despite the debt being sold on and the new 'owners' Phoenix demanding full repayment of the original amount I wonder if they'll now claim he's defaulted. The reason I say that is that their first communication which stated they now owned the debt explicitly stated that my OH should a) stop paying Yorkshire the monthly £10 ordered by the court and b) stated they would only accept full repayment. My OH hasn't sent any money to this outfit given their statement. Can they spin this and now state he's in default of the CCJ
  9. I've come seeking help with a problem my OH has. He owed approx £2k to Yorkshire Bank for a credit card (a lot of that figure was interest + charges) and had a County Court Judgement filed against him in 2004 and an order to repay £10 a month. This he has been doing faithfully since 2004, however he recently received a letter from Phoenix Recovery informing him they had bought the debt and demanding full repayment of £2092.42 which we're sure was the amount of the original judgement! Now he's received a letter from Mortimer Clarke Solicitors acting on behalf of Phoenix stating
  10. Lowell Portfolio (and their alter-ego Red Debt) for trying to pin a debt on me that wasn't even mine and ignoring all requests to supply me with proof the debt was mine.
  11. Many thanks for all the advice all. We'll try the S.A.R approach. In the long run, I guess there's not a great deal they can do to him anyway. He isn't trading and his assets are zero so they can't take what he doesn't have to give.
  12. Writing this one on behalf of my partner who's being chased by an outfit called Tenon Recovery working on behalf of Yell. Ok - the background. My partner was a self-employed plasterer operating as a sole trader. He got a lot of sales calls from Yell and agreed to a salesman visiting him on site. The Salesman sold him a listing for his website, one of those which appear on the right hand 'priority' listings when you search for a trade in a specific area. A price was given which was particularly low and my partner stated surprise at the price, to which the salesman stated that the prices we
  13. You need to wait it out because they will follow it up with a letter telling you how much they want out of you. If its for B'card (they appear to have bought up a ton of B'card debts) then it'll give the last 4 digits of the card and the amount they're asking for. At that point you'll be able to recognise if it was your old card or not. Undoubtedly if it is your card, that £100 will have quadrupled and more by now.
  14. Darren, well my case is basically the same as yours and I was advised to send off the Statue Barred letter. However I sent them £1 and a CCA request to get the original agreements. I've gone down this latter route only because I'm sick to death of the practices of companies like this so I'm quietly hoping they do send me somebody else's financial details to enable me to file a complaint about them breaching the Data Protection Act. The worst thing to do is phone them up and tell them they have the wrong person since they don't actually give a damn and will most likely demand you send
  15. This is exactly what I was hoping for when I did a CCA request to Lowells. They have said they'll send the agreements (they'll be in default period in another 4 days) and I know they are nothing I've ever signed...which, if they come up with these documents, leave them in a position of revealing somebody else's financial position to me. :grin: Obviously this is against the Data Protection Act. Does anyone know how I'd go about dumping them into a big pile of dollop from a great height for that sort of DPA breach?
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