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hbc50l

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About hbc50l

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  1. Thanks Bazooka, Update news though...... Yesterday I received a letter from Creation, dated 19th February stating that they were writing to say that they were still investigating and would respond in due course. Bizarrely, today I received another letter today, also dated 19th February wittering on but the point being that they have zeroed account and thats the end of it. Result!!! Thanks guys.
  2. Thanks both.Brig. I didn't do nothing!! I've written to Creation asking them to prove the debt, they have merely passed the alleged debt onto (now the second) DCA.The broker has been settled with Creation, Creation are standing firm that the broker is no longer involved and I need to pay, blah blah.Nothing on credit file.Don't intend to pay Moorcroft a penny, won't speak to them when they call saying I don't conduct business over the telephone. What I was after was advice on whether or not they will give up? after roughly how long? or is there a further 'hard hitting' letter I should be sending them?
  3. Hi People, For the past 12 months or so, I've been chased by an alleged debt from Creation Finance (Premium First), the outline circumstances are this:-- I took out some business insurance on monthly direct debit via my insurance broker, the finance was arranged via Creation. The broker sent me a renewal letter which said if you want to continue, do nothing. I didn't receive the letter as I had moved premises. I had however cancelled the direct debit as the insurance was no longer required (after one years premiums paid) Broker said its in the hands of finance co - Creation. Creation wouldn't listen to me, basically said tough....pay up or else! They subsequently set WMD on to me. After following advice on here, I sent them the 'prove it, send me the assignment letter" followed by the threat to report them to the OFT. This has then been followed up by relentless correspondence from Moorcroft. I sent them recently the assignment letter which was responded with "We're looking into it YOU NEED TO PAY" followed by "Your account is suspended YOU NEED TO PAY" and then today, a further 'possible litigation' letter. I've had nothing about the assignment other than confirmation that it was verbal from Creation, surely this isn't sufficient? Any ideas on how to proceed, follow up letters etc.? Feel free to ask questions if there is anything thats too vague, the letters received are the standard ones others have posted. Thanks
  4. Great post thanks!!! I had a disputed debt over cancelled finance with Premium First earlier this year. I soon received a letter from WMD and sent them a 'prove it' letter back in August. Today I received a further letter stating that they "have still not heard from me" and that they have "no alternative but to take further action without reference " and "We are currently reviewing our options" I'll reply to the advised address by recorded delivery tomorrow
  5. Hi all, I was discharged from bankruptcy on 01/09/09. As part of the settlement with the Trustee, I 'purchased' the trustees interest in four properties that I previously owned. One of these was my home which was jointly owned and mortgaged with my wife, the other three owned and mortgaged outright by me. All four mortgages have continued to be paid, in full and on time throughout. I also have a high street bank account with a debit card, never been overdrawn, always in credit. Having obtained my credit file, I have noticed that the 'score' is steadily improving. A few issues, 1. There are a number of defaults/updates being registered post BR. I am aware that these debts should have been dealt with at BR time. Is there a template letter out there that I can send to the lenders to correct my file? 2. Some of the debts are unenforceable, the OR/Trustee wasn't bothered about this but I want to have these removed from my file if possible and intend to follow normal procedure. 3. Does anybody have an idea roughly how long it may take to be able to avoid sub prime lenders? Its not that I want or need any mor credit at present but in the next couple of years re-mortgaging may be an option as may car finance. Any positive advise would be appreciated.
  6. Hi there, I was discharged last month. I have recently received a letter from Natwest stating that they are calling in a personal guarantee that was given around 4 years ago. The PG relates to business banking debts. I resigned as a director prior to BR and there was no debt. Natwest were advised that the co. ceased trading in Feb 2009 but have continued to acrue charges. They claim that as they were not specifically informed of the BR (There were two other un-related Natwest debts in the BR, 1 personal, 1 business) in relation to the co. that the guarantee remains valid and as I am now discharged from BR they will commence recovery proceedings. Can anybody confirm that this PG is no longer valid. I argued that the BR was a matter of public record and further they were informed due to other debts..ther're coming after me!! Oh finally, have informed trustee
  7. hbc50l

    Harassment by MBNA

    Never engage them on the telephone, thats what they want you to do and go about ducbious methods to achieve this. Correspond in writing only and stick to your plan, if the debt is un-enforecable they have little chance in the long run. Try not to be too concerned, there are many very knowledgeable people on here more than willing to help no matter what happens.
  8. Can somebody please give me some quick advice? In 2007 as a director of a company i signed a personal guarantee for the companies banking debt. In September 2008 I was declared bankrupt and was discharged on 1 September 2009. Yesterday I received a letter from Natwest dated 1 September 2009 claiming monies owed under the guarantee. They were aware of the bankruptcy as there were other dealings with an associated company. Should i simply write back and refer them to the bankruptcy? Is the timing of their letter coincidental? I just want to get on with my life now, this shouldnt be happening!:-?
  9. hbc50l

    Harassment by MBNA

    Hi, Wanted to add something regarding your concerns on court costs. Am not legally qualified and, am currently at work so can't readily check but, from memory I'm sure that County Court costs are capped and covered by statute. The book that CAG promotes on their home page goes into more detail and that was written by a judge. My understanding is that costs over and above have to be stated and can be easily challenged. As in many things at court if you don't challenge them, they go through. From personal experience (and prior to this knowledge) i did challenge legal fees as being dis-proportionate to the capital sum and had them significantly reduced. Had i known what to say properly I think they would have been substantially struck out. Worth half an hour reasearch?
  10. Flyingdoc, I agree! Somehow I have come across against the OP on this one? My points about the AST are based on good practice etc. and i totally accept the comments regrarding the formation of the contract etc. I also agree that in reality the co-tenant has probably breached the implied term of allowing quiet enjoyment. My previous advice was based on a potential opportunity that if there is a written AST then, it could be possibly be argued as being un-enforecable and therefore giving a route to disolve the co-sharing arrangement. I remain, that the best remedy is to sit down and openly discuss the issues and then try to formulate a mutually agreeable plan forward even if thats only until the end of the tenancy and then go their seperate ways.
  11. You MAY be correct however, there are many provisions that MUST be included within an AST in a prescribed format and as such the vast majority of AST's will be in a prescribed format as published by a legal stationer or similar so as to ensure compliance with the law. This actually opens up an interesting scenario because if the AST is non-standard then it may not comply with The Housing Act and possibly then be un-enforceable allowing the tenants to go their seperate ways. Would it be possible to post a copy of the AST up here with any personal info removed? Sorry if I caused any offence earlier, not intended!! Want to help you out and enjoy a healthy debate on matters
  12. Because tenancy agreements fall into a limited number of catagories by far the most common being an Assured Shorthold Tenancy which must be issued in accordance with the provisions of the Housing Act ie un-amended. You seem to want to pick a fight when I am offering advice? If you read my response I offer the only potential relevant clause of the AST and then suggest that it doesnt apply unless certain other "tests" are applicable. Lets try and help rather than bicker!
  13. You may be on sticky ground. Assuming that you have signed an standard tenancy agreement (you should have) Clause 3.5 of an AST states that "Not to assign, sublet or part with posession of the Property, or let any other person live at the Property" If you can demonstrate that a) he maintains another home and uses that say after work before coming round to yours b) doesnt keep clothes etc at your house then I would argue that he doesnt "live" there. It seems that its a straightforward breakdown in relationship which can happen alot in shared houses. Unfortunately, you have both entered into a legally binding agreement and need to see it through until its conclusion. Its best therefore to try and sit down, maybe somewhere neutral and thrash things out.
  14. Well, its all hotting up! EoN are replying to correspondence pretty much straight away. Ironically, the last response being sent on the same date that Buchanan Clark & Wells sending me a letter stating that they had taken over the debt! They have had the stock DCA response this morning. This is the second time EoN have enlisted the help of a DCA, does this mean that they may have written off and sold the alleged debt on? Anyway, EoN are now blaming the subsequent supplier for the problem and suggesting that I pay the bill and refer to them. I have reiterated my statement that no firm bill = no debt therefore no claim! and that THEY should pursue the other supplier if they think the information provided was incorrect.
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