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  1. I thought that as the debt has been passed onto them by RBS I would have to SAR them and RBS to ensure that I recieved all relevant paperwork. If I dont have to then I'll ask them to send my £10 back.
  2. Wow what a thread LP you are a star to have given frettful so much advice and support. Hope it all goes well for you frettful:D
  3. Thx for the replies and suggestions. I have just wrote a letter back to moorcroft explaining that I wont be sending any documentation and if they dont belive that I am me then why the heck are they asking me to pay this money. Dont worry angry cat I would not have EVER sent original documents.
  4. I sent a SAR and I've just received a letter back from Moorcroft saying that they as Data controller do not have to comply with the request under section 7 (3) of the Data Protection Act 1998 until they are supplied with and I quote, "such information as they may reasonably require in order to satisfy themselves as to the identity of the person making the request." They have asked that I send them a copy of my drivers licence, passport, rent book or a recent utility bill. Do I really need to provide such personal information to them? I would have thought that by sending demands for an alleged debt they should already know if its me or not!
  5. just as a an update they never did get back in touch so maybe they have realised the error of their ways and wrote the debt off. Or perhaps its sat waiting to be passed onto to another DCA...we'll have to wait and see.
  6. any more thoughts on how to proceed? Is there anything I can do or is this all above board and legal?
  7. sorry a little confused now but its late and the wine has taken effect, so they got the details wrong which makes the NOA invalid but when they have this pointed out they can amend the NOA to what fits now!!! I can pay the OC but what if they dont exsist and no one has given me proof that the people I am paying actually own the debt? what would I do if NHL suddenly tell me I haven't been paying them as per the tomlin order do I refer to incorrect, inadmissable, unlawful paperwork as my defence? HELP I need to know if I should continue paying the apparatent new owner of the debt or begin a fight.....
  8. bump .... I could really do with some help pls
  9. I could do with some advice with regards to the above, the story goes like this: Mortgage was with National Home Loans who repossessed the house and then when sold took us to court for the shortfall of £5084.85. The judge awarded a tomlin order and payments have been maintained at the agreed amount of £5 per month ever since. In November 2007 we received an NOA fron a company called Asset Recoveries who said they were acting on behalf of a Phoenix Recoveries who now owed the debt from NHL. They were then stating the debt amount on the NOA as £6889.52 which was strange considering that £5 per month had been paid for over six years. After many letters the last from me in Feb this year I have received an amended / revised NOA for a different amount again but not the amount that they say we actually owe!! My questions are: 1. We have never received an NOA from NHL stating that the debt had been transferred to Phoenix Recoveries. Should we have done or as their solicitors state they had no legal requirement to do so. 2. As the amount on the original NOA is incorrect does this render the NOA unlawful and therefore unenforceable? 3. Can they have they appear to think they can issue a revised or amended NOA (which still has an incorrect amount due) or is this unlawful and therefore unenforceable? 4. If these NOA's are not enforceable then can I stop payments and if I do how will this effect the tomlin order? would love to be able to tell these barstuards to get lost after 18 years thx reply to asset feb 09.doc
  10. hi I would write back saying that they are welcome to try and take you to court for a debt that they haven't proven dispite you requesting they provide you with unrefutable evidence. Inform them that should they take such action you would put in a counter claim based on this lack of evidence. I'd also check my credit file to see if they have registered a default against you for the debt.
  11. bumping as I really would like some comments to make sure if I've covered all bases
  12. Hi butch, I would send a bogoff letter to lowlife as they are unable to provide proof you actually own the debt they shouldn't be processing your data or issuing defaults demand they remove them immediately (you'll probabaly get back a standard letter saying they think the informations being processed correctly) You will no doubt have to send more letters threatening legal action. Robbers way - try to post the agreement (minus personal details to site and someone with more knowledge than me will I'm sure offer their opinion and advice. Wescott - send the prove it letter - its up to them to prove you owe this money not up to you to prove you dont. Hope this helps a little
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