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Opto

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Everything posted by Opto

  1. Hello, could someone please help me, I am going to declare bankruptcy, I own a shared ownership property which due to me not being able to keep payments up on I rented out, I had to put £100 a month towards the rent to pay the mortgage and rent but for the final few months before the tenants moved out the housing association put the rent up and as I was in overdraft their monthly payment did not get taken and so the mortgage company paid it for me I did not realise this was happening, what will happen about this in bankruptcy? Many thanks
  2. Ok dx, I will just leave it and see what happens. Once again thanks for all your help, it's much appriciated.
  3. They are called Mackenzie Hall, then it says Persuers Lewis Group, then it says original creditor --------. Can I send them an SAR just to get all the info from them to see where I stand? Its just as I said my report is only showing stuff for my current address as there is no previous address on my report so there could be stuff on that address relating to it, so if I SAR at least I can see the whole picture.
  4. Ok seems the report I have does not have anyhting from my previous address on it. Is there any way I can CCA request them without admiting the debt or that its over 6 years old, i.e saying to them "you say I have a debt but I do not agree, give me the proof" ? If I send the letter template M regarding no contact in over 6 years and they prove otherwise, can I then SAR them and see if they can hold up the claim, or will I then not be able to SAR them? Cheers
  5. Great, sorry to keep asking questions but do you think I should check the other Credit Agency or should this be the same? Also can they put a default or CCJ on my credit report even though there is no account currently on the report to add it to? Thanks very much,
  6. Hi Guy's I have jusst checked Experian and under account information there is only 1 account and that is my bank account, under "number of accounts including settled" it says 1, does this mean there has been no contact? Thanks
  7. I have no idea what it was I think it was a Playstation 2 I bought at UNI on a store card, it was 2000 or 2001 and I changed bank in 2003 when I started to get a few defaults on things as I didnt have a job, once I changed bank I have not made any payments on this and I have not recieved or replied to any letters since at least 2006 when I moved to a different address but I have not written too nor made payment on this since 2004. It was such a small amount and because I have not had contact regarding this since that time I have forgot all the details, sorry.
  8. Right I see, I do not have my credit report, but I can get it and have a look.
  9. It comes from 2000, but to my knowledge I have not had contact since 2004 but there is no real way to tell, it may have been 2006.
  10. They sent me a letter two weeks ago saying please contact us to get more info, I didnt do anything then today I got a letter saying due to not responding you now have 7 days to pay in full and they showed the pursuers name and the original acount name. Thanks
  11. Hi all, I need your brilliant help, I have received a letter chasing a debt that I think is over six years since any contact has been made. Do I use the template M letter: The Loan Company Company House, Church Street, Newtown, Kent, R1 7HG Dear Sir/Madam Acc/Ref No 4563210025897412 You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the limitations act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” We would also point out that the OFT say under their Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours faithfully Mr A N Other Or is there a new letter now? Also if I am wrong and it is just under 6 years can I then ask to see the contract as it looks like its been passed on about 4 times, so I guess theres no paperwork. Thanks very much to all you for your help.
  12. Thanks supasnooper will check it out, anyone else want to add anything, please do. Thanks
  13. Hi All, I'm new here but have been reading posts for a while. The situation is that HSBC handed my account over to Metro and I was to arrange a payment plan with them after writing to them I did not receive a reply. Since then I have gone abroad to stay with family who are putting me up and paying for me, but I have still been sending token payments even though I had no reply, I get my friend to pick up my post for me, they picked it up about a month ago and there were no letters, they have since picked the post up a couple of days ago and there is a Judgment for Claimant letter, I obviously didn't receive the paperwork in order to send in my defense to the claim and the first thing I've known about it all is this Judgment. I would like to ask everyone what they think is the best thing to do and if the N244 form comes into it, telling the court that I never received the claim form. Also if I do need to fill in this form how do I fill it out. Many Thanks in advance to everyone.
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