bifidus digestivum
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Everything posted by bifidus digestivum
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Court Summons - Refused Offer
bifidus digestivum replied to bifidus digestivum's topic in Financial Legal Issues
Well I have had a reply from the court at Northampton, ordering that I pay £846.00 per month! I can only assume my financial statement wasn't put before the court. I have called the court and they advise I send a letter entitled 'redetermination' and argue why I should pay less. Can anyone offer any advice? -
I received a county court summons in respect of a debt with a credit card company. I returned the paperwork making an offer of repayment and sent a personal budget summary in order to evidence the payment offer. I have received a letter saying that the offer has been rejected and it will go to court for the court to make a decision. It says I will now hear from the court. Do I not have to attend, do I trust the plaintiff to supply the court with my personal budget summary? They haven't even told me what court the hearing is at.
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Letter from iQor
bifidus digestivum replied to bifidus digestivum's topic in Debt Collection Agencies
I was just wondering if the proof had to be in some formal notice. Having read these forums I suspect they will just send me back a letter saying I owe XX Company XX pounds. I will wait to see their reply and post back then. -
Letter from iQor
bifidus digestivum replied to bifidus digestivum's topic in Debt Collection Agencies
What form should this proof be in? -
Letter from iQor
bifidus digestivum replied to bifidus digestivum's topic in Debt Collection Agencies
That's great, I will wing that off to them a see what their reply is. Once again thank you for the prompt reply. -
Letter from iQor
bifidus digestivum replied to bifidus digestivum's topic in Debt Collection Agencies
Thanks for the quick reply, I thought that was what the CCA letter was for? Is there a template for a 'prove it' letter? -
Had a letter this morning from a company called iQor demanding £1092. I have no idea what this relates to, the only clue in the letter is that it is do to do with a company called Gothia. I propose to send a CCA request to iQor along the following lines. Dear Sir Reference Number XXXXXXXX With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. I understand a copy of my credit agreement should be supplied within 12 working days. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. I look forward to hearing from you. Yours faithfully M A N Other Is this the correct first step? Any advice gratefully revived.
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CCA Which Way Forward - Advice Please
bifidus digestivum replied to bifidus digestivum's topic in Financial Legal Issues
Thanks, I will send them a copy. -
I have a debt (£1,300) which is being handled by a DCA. This is well over eight years old and was originally for an HSBC credit card (I think). HSBC defaulted the account and passed it on to a DCA who then passed it to the current DCA. The original default fell off my credit reference file about two years ago. I have sent the current DCA a CCA request which they have failed to respond to, the 12+2+30 is now up. I have received absolutely no correspondence from them following my request. They did receive the letter and did sign for it. I am now contemplating my next move. I would like to stop paying them and get them to take me to court to get it finalised one way or another. I’m not too worried on this count because even if I lose I have the money to pay the judgment thereby avoiding a CCJ. My only concern is this. Can the current DCA issue a default notice on this account even if it has been defaulted in the past? I would really want to avoid this as my credit file is now looking good after eight years and don’t want to mess it up with a default. Any suggestions/advice gratefully received.
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BLS No CCA but still demanding payment
bifidus digestivum replied to poker_mad's topic in Financial Legal Issues
Does that mean you could have costs awarded against you? Seems a bit tight. -
BLS No CCA but still demanding payment
bifidus digestivum replied to poker_mad's topic in Financial Legal Issues
Why isn't it being heard in the small claims, the limit is £5000? I didn't think costs were awarded in the small claims court. -
BLS No CCA but still demanding payment
bifidus digestivum replied to poker_mad's topic in Financial Legal Issues
poker_mad, are we talking a lot of money here? I don't wish to pry but I'm wondering why they are pursuing it so vigorously. -
BLS No CCA but still demanding payment
bifidus digestivum replied to poker_mad's topic in Financial Legal Issues
Good luck. I am just starting off with the CCA request so interested in how your case goes. Best of British. -
DCA - Can they default an account twice?
bifidus digestivum replied to bifidus digestivum's topic in Debt Collection Agencies
No I've had contact from the DCA and been paying them since 2001. -
DCA - Can they default an account twice?
bifidus digestivum replied to bifidus digestivum's topic in Debt Collection Agencies
Thanks, after eight years I've paid off £20k and got my credit file looking nice. Don't want to balls it all up now. -
DCA - Can they default an account twice?
bifidus digestivum replied to bifidus digestivum's topic in Debt Collection Agencies
The finance company defaulted me, and then passed the debt to a DCA. Checked my file this morning. My last default fell off in October 2007. I have sent off for the CCA just waiting the reply. -
DCA - Can they default an account twice?
bifidus digestivum replied to bifidus digestivum's topic in Debt Collection Agencies
Being paying for 7 years. The accounts were defaulted by the original creditors some eight years ago. I must say I'm surprised to learn that a defaulted account can be defaulted again. -
I wouldn't get too hung up on the moral issue Honey. Don't forget these are the same banks, credit cards that have been screwing over customers for years.
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Luckily there do seem to be some quite knowledgeable people here. Like you I am new to this CCA game.
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As a result of this thread I have requested a copy of my CCA from the DCA dealing with an RBS account. The account was defaulted 7 years ago and no longer on my credit file. Am I right in thinking they can't default it for a second time. I wouldn't want that as my file is looking pretty good now. If they can't produce the CCA then I guess their only option would be to take me to court. That doesn't really bother me as a relative has said they would lend me the money if I lost so I wouldn't get a CCJ. I guess I'm in quite a strong position. Good luck honey, keep us posted.
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If you pay the fixed penalty notice, there is no admission of guilt and no criminal record. On the back of the ticket there will be an option to request a court hearing. I would opt for that. I bet the police and security guards did a basic investigation and left it at that when they issued the ticket. The chances are that when they come to prepare a prosecution file they won't be able to.
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So if I read this right, if the DCA can not produce the CCA then they will continue to chase the debt until a court decides it’s unenforceable. In my case the default was issued 8 years ago and has now fallen off my credit file. I assume if I contest it they can’t default it again? In which case their only option would be to go to court to seek a CCJ. If I go down this route should I stop making payments? Would the fact I’ve made payments for 8 years cause me problems?
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Sorry, typo. I meant the best they would offer is 25% off. I originally wrote to them offering to pay 50% which was immediately rejected. I have written back offering 60%, still waiting on a reply The debts are about 8 years old. Would it be beneficial to ask for the CCA's?
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