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xray2

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Posts posted by xray2

  1. Cheers folks, looks like we have lots of letter writing to do. We wrote to MH back in Feb quoting the recent slap they got and they come back with this ...not got many brain cells have they!! Will try to write to the original debtor but doubtful it will be the correct address as this agreement dates back to 1995 so likely statute barred anyway! This firm really are bottom feeders aren't they!

     

    Thanks all :)

  2. Hi,

     

    My partner has been pursued by Mackenzie Hall for a credit card debt we know is not his for years. The first and surname is correct but the middle name incorrect. We have asked them a number of times to cease their harassment and requested a copy of the agreement and who the debt is owed to. Today an agreement arrived but it is NOT my partner's as we knew because we have never had a credit card. This agreement lists the other persons date of birth, no of dependants, address, previous address and bank account details!!!! It also has a letter attached to it that the debtor has written to the credit card company also including personal details about their financial status, employment and savings. This cannot be legal or ethical!

     

    We are furious and want to take some advice form you guys so that we handle this in the best way possible because these people need to be stopped!!! Who do we complain to first, and would it be an idea to contact this person's bank (not the same bank they held their credit card with) and let them know personal accounting details are being passed to strangers?

     

    We really want these people stopped so want to calm down and then take the appropriate action against them.

     

    Cheers,

  3. Hi,

     

    HFO took a case against me in 2007, they failed to attend the hearing and the Judge struck it out. They made an application to reinstate in 2008 and the Judge denied it, he gave them 7 days to appeal that decision and they did not. Now today I have come home to threatening letters and a 'copy' of an application form which they are passing off as an agreement. Surely given this case has been struck out they cannot do this? I have both copies of the paperwork from Court. BTW due to my mental health state at this time my husband was appointed my litigation friend by the Court in 2007.

     

    Any advice would be gratefully recieved :)

  4. Hi,

     

    My partner recently did a SAR on a company he is in dispute with. It seems at some point somebody has applied for an official copy of register of title at the land registry. This has been passed on to the company and they have processed my data on my partner's electronic records. Is this a breach of Data Protection, should they not have blacked out my details before processing? I gather anybody can search the land registry I just feel a bit aggreived they are keeping this data on record relating to me when I have nothing to do with the alleged account.

     

    Have I waffled or do I make sense lol

  5. well peeps the saga continues! Still no mediation but they have applied for and successfully gained more time from the Court. They are also now saying that SLC have found signed original agreements. You can see these are recently signed even from the copies we have and one is dated the day after my hubby has dated his which would have been impossible as the university used to send off these agreements as job lots by post. We have requested these agreements be scienitifcally tested at our expense (unless any anomolies are discovered) and they have refused our request.

     

    They have admitted they do not have a notice of assignment but have said they can provide a letter from the SLC that states they sold the loan but this is surely not good enough in law is it?

     

    A further point is that they do not have copies of defaults, they said it is not usual custom for finance companies to keep copies - I thought this was a legal requirement? Furthermore, there have been 3 default's issued can they do this?

     

    If anyone can help would be very grateful,

     

    Thanks in advance

  6. Hi Slick132,

     

    Can she just ask to opt out of this system? I am staggered they can charge £22 every 5 days on an amount she never even asked for, she originally asked for £200 overdraft they raised it by another £150 without telling her. In the meantime I will get her to talk to them and fingers crossed they will help!! She is a lovely very polite young lady so that may get her somewhere, the flip side is she is a bit too nice sometimes!

     

    Thanks for your help it is very much appreciated :)

  7. Hi,

     

    My daughter has an account with Barclays she is a student. She went to them some time ago to explain she was having problems while awaiting a bursary payment so they gave her an overdraft of £200. That was fine for a while but then she had heart surgery and as a result of her medical condition had to change degree's and is now awaiting student loans payments so has zero money until the paperwork goes through. Barclays wrote to her and told her they had given her something called a Reserve of £150, which got eaten with direct debits. They are now charging her £22 every 5 days which they are claiming is a reserve usage fee. I have only just found out about this, she has felt embarassed and kept it to herself, she really does not need this stress on top of her heart condition and operation! Any help will be gratefully recieved :)

  8. Since I last posted my OH has recieved two letters from HSL, one a statement of account to which legal costs have been added despite the fact the judge said they were awarded NONE! The second is pretty intimidating and a gross misrepresntation of the facts. They are claiming the judge ordered my OH answer their statement of case - A LIE, they are also saying my PH admitted the debt - A LIE, and they are asking for their money!!!! How are we supposed to enter medition with tricksters like this? Can we go back to the judge with this even though the case is stayed for 2 months?

     

    To be honest we never understood how mediation was going to work when even the judge said there was no legally enforceable agreement (and he said he felt what they had supplied was copied from something else - isn't that fraud??!!), or a notice of assignment. So given all that it was going to be difficult but the latest correspondence is just a gross misrepsentation and intimidating ie if you don't pay up this could cost you blah blah.

     

    Another point OH was awarded small costs which we have yet to recieve, how do we go about that - small claims them :p

     

    Any help gratefully recieved :)

  9. Hi, there was no explanation but they refer to a letter they have allegedly sent that apparently explains their reasoning. Of course I haven't received said letter! I think I maybe need to reply since they refer to a letter I haven't got they could pull a stunt or two with that? So at the very least maybe I need to let them know I do not have the letter they refer to?

     

    Thanks

  10. Hi,

    I am very new to this so hopefully someone with a lot more knowledge will be along soon to help. I think though if there is no CCJ (which I doubt) then your debts are statute barred under the Limitations Act. If there is a CCJ then I'm not sure what happens.

     

    Hopefully, someone with heaps of expereince will read this soon and help you out. This is a great group and I haven't felt so in control of my life for a long time :)

  11. Hi,

     

    I made a CCA request last week on two alleged catalogue debts that are not mine!! The same DCA is threatening me for both. Today I recieved a letter from them that says Further to our letter of x September, please find enclosed 2 postal orders for £1 each. I have not had a letter from them with the date on they state, nor any letter explaining why they would be sending back payment in lieu of a legitimate lawful request. Surely they cannot just refuse this request. I seriously do not believe I owe this money!

     

     

    Thanks in advance

  12. Hi Caro,

     

    The mediation is with the DCA and I must admit I am confused as to why my hubby should go. The judge even mentioned something about the loans going back to SLC but even if they do they will be subject to the Limitations Act. And to go back to SLC (assuming of course the SLC ever sold them in the first place and there is no evidence they did) would mean the SLC would have to buy them back! Then there is the matter that even the judge said the loan agreements submitted to the court were not enforceable. I can't see how mediation can work on this because as far as I can see without proof or enforceable loan agreements we have nothing to mediate on?

     

    My OH would get a deferment under the SLC terms. However, in the past the SLC have denied them based on the fact that he has refused to submit what I earnt (at that time I was a student myself on loans!) and they made him give a full break down of what we had coming in and out and said they were also denying deferment based on the fact we were not making reduced payments to other creditors. (We still have that letter). If only we knew then what we know now ... suffice to say no further payments made and that was years ago. The next we know we have this firm taking us to court saying they own loans!

  13. Hi,

     

    This Judge said he had just spent 15 years specialising as a Corporate Law judge so he knew his stuff I think :) I didn't go in with my OH and the numpties sent a local solicitor who looked about 10 years old and didn't seem very up on proceedings.

    The Judge has left OH to appoint a Mediation company told him who to avoid explained the cheaper one's whilst good would not be able to deal with the complexeties of our case - so numpties get to pay large costs ;) The only sticking point for us is if mediation goes ahead how can we mediate with zero evidence these people even own any debt with my OH name on?? We have had no NOA, loan agreements are unenforceable and no DN?

     

    Do we get written notification of what happened in court btw? As my OH left the court the solicitor for claimant went up to him and started trying to nobble him should we report this to the Judge or let sleeping dogs lie for now?

     

    Thanks all :)

  14. I am wondering if they will even bother with mediation and drop their claim all together since the Judge has said they have to pay their own costs, our costs and mediation costs they will end up paying out more than their original claim and if mediation fails they cannot prove they bought any debt with my OH's name on it nor can they come up with a legally enforceable agreement. Will shall see - will keep you all informed :)

  15. Hi,

     

    Well today we had our day in court and I think it all went reasonably well. The Judge said he had never seen such a badly put together claim. He said the T & C's were made up and not the originals and agreed the CCA was illegible indeed the only legible bit was the bit that says agreement not legal unless signed by the SLC which it was not so not enforceable! Also they have no NOA or DOA.

    However, the judge said he believed this money was owed and was public money which slightly ranckles me given that he probably did his degree for nothing financed by my parents et al tax money! Anyway he has said he wants it sent for mediation and has stayed for 2 months. At the end of the 2 months if no agreement if the claimant wants to pursue they have to put together a proper POC with all original documents attached which even the judge knows they haven't got.

     

    This a.m we recieved an invoice in the post from the claimants solicitors for almost £2000 my husband mentioned this to the Judge who was not impressed at all. He immediately struck out all costs from the claimant turned to hubby and asked if he had had time off work which he had and which he doesnt get paid for and ordered that the claimant pay hubbys lost wages! He also said mediation is expensive therefore the claimant must also pay for this! I wonder if we will hear anymore from the claimant?

     

    The judge said what a very well put together case my hubby had so huge thanks to everybody especially Steve and Caro :p As soon as we get the costs awarded we will be making a donation to CAG (wish we could donate it all but he really did loose wages).

  16. Hi,

     

    Just to let you know the Judge said the agreements were unenforceable because they were not signed by both parties :) However, he has stayed the case and reccommended mediation which he has said the other party must pay for if they want to pursue. If mediation fails the other party have to put together a proper POC with all original documents attached (which even the judge knows they haven't got). He said theirs was one of the worst put together cases he had ever seen and would take a full day in court to go through. He also said that the T & C's were not the ones that came with the original document and were made up! He had said his first thought was to strike out but that money is owed just no evidence of who the debtor is ie no notice of assignment so sent to mediation.

    We recieved an invoice this a.m from the claimants solicitor and my hubby put this before the Judge who immediately said all costs from the claimant struck out then turned to my husband and asked had he lost any pay (which he had) so he awarded him lost pay :)

     

    Thanks for everybodies help,

  17. Ok feeling better now thanks guys. The numpties made an error on their POC so they made out an N244 to amend said POC which btw we have not heard anything about from the Court (we only knew they had done this because the solicitors told us but when we filed ours we had to hand a copy into the court for the solicitors so a bit odd) Anyway they have admitted the POC was an admin error on their part yet have added charges to the costs for the N244 and for serving it of almost £200 even though they admitted this was an admin error they were responsible for!! If the Court were allowing their N244 to be heard would we not have had confirmation of this?

     

    Right am off to get ready to meet hubby with this letter :)

     

    Will let you know how we get on, thanks to everyone on CAG over the last few months don't know where we would have been without you all :)

  18. Thanks Emma :) I think they are really trying to intimidate. They had not lodged ANY evidence in the required 14 days and yesterday one day before the hearing it all turned up in a big A4 file but they have simply submitted our evidence - we now this because one of the letters had my hubby's rantings scrawled on it - they have submitted it as if there own the numpties!

     

    Felt really calm when I got up too :(

     

    Thanks again :)

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