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terlyn1104

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About terlyn1104

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  1. Hi all wondered if someone can help me with Link? I had a MBNA credit card which was sent to Link Financial Ltd anyway, sent Subject Access Request Cant find my agreement! Sent second letter advising not acknowledging debt etc.. and will no longer pay blah blah blah Recd letter from Link as detailed below: Unfortunatly at this time we are unable to supply you a copy of your agreement however the FOS have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default if it is a accurate reflection of how the account
  2. Hi Can anyone suggest my response if any to the following letter received from Link regarding my old MBNA credit card account - i am a bit confused!!! 'unfortunatley at this time we are unable to supply you a copy of your agreement however the financial ombudsman service have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default if it is a accurate reflection of how the account has been paid. The information commisioners office have also made it clear that if a default on a credit file 'accuratley reflects the payments on the ac
  3. Hi Babybear thanks alot Could you have a look at this respnse and tell me if it looks ok to send? Thank you for your correspondence received today of which your comments have been noted. As you are fully aware the statutory demand which you issued was successfully set aside (cancelled) on the, therefore your threats to continue legal action and petition for bankruptcy are seen as both threatening and harassment, and with that in mind you have today, yet again, been reported to both OFT (office of fair trading) and Trading Standards. With regards to Judge ? comments at
  4. Thanks babybear the company is Weightmans they were already reported to OFT and TS for pursuing a debt when in clear dispute several months ago (issued a SD when in dispute) I have today contacted OFT via Consumer Direct to complain about there further threatening actions I just wanted to be sure that they couldnt do anything else with regards to petitioning for bankruptcy as the SD was set aside The judge was very mad with them for issuing in the first place and said it was obviously a county court claim and not a route for bankrupcty I might even send the judge
  5. I would like to tell them something else! so they cannot issue a bankruptcy petition once it has been set aside? is that the end of the road for them once the application has been successful? I am I correct in thinking there only next step would be county court claim?
  6. Hi all My application to set a Statutory Demand was successful and after taking the judges comments on board i made a reasonable offer to my creditor However, they have just wrote back today saying that they cannot accept my offer (they want another £400!) and quote below: 'as you have been served with a statutory demand, our agreement to defer further legal action against you is strictly conditional on your payment of the above sum being received by this office, if your payment is not received on or before the above deadline, please be advised that we will be forced to issue
  7. Sorry my scanners not working! I have cut and paste below - if someone can create a link to it then great Refuting witness statement of ? and debtors defence P 5. With regards to the amount payable under the above agreement, the total amount paid from the debtor totals £2,213.40 as per statements provided (Refer to appendix 1) P 6. This is incorrect - Payment Protection Insurance was cancelled on the above account in November 2007 as per the attached confirmation letter from ? so therefore monthly payments were reduced from £65.60 to £56.
  8. no - other solicitor opposed them due to the fact that I could have obtained 'free' advice from CAB etc... and that it was my duty to respond to correspondence anyway! Which was a shame at first it looked like the judge was going to award them but when she said that he agreed!! But he did say if it did go to county court because of the work that has been involved to increase costs! Solicitor was very helpful when I came out she admitted even she couldnt work out the amounts did say that my defense was excellent and I have been very successful! pat on the back for me!
  9. Hi Guys Just wanted to let you know that I have just got back from my application hearing to set aside a SD and i have WON!! The judge ripped the others solictor to pieces - asking her three times why her client did not go down the county court route and chose instead to issue a SD which is a complete abuse of the collection process! He also questioned all the charges and was bemussed as to why her client had charged three times in the same month!! He said that it is clear from the debtors application and documents enclosed that there is a clear dispute to the debt and
  10. Thanks so much guys for all your help After going through the default notice section yet again! Have noticed that the default notice HFC did send me dated 28th Feb 09 asks for all sums owed to be paid by 20th March 09 - if not paid by on or after this date then further action will be taken and the agreement will be terminated with effect from this date ermmmm did they not already terminate the agreement on the 1st Sept 08 and assign Weightmans on the 3rd Oct 08 - as per weightmans witness statement - and if they HAD sent the default notice as stated dated 18th August 08 - why
  11. this is great 42man reading through the default notice area it looks like they are snookered! and because they terminated the agreement september 08 and I did not receive the default notice until 7th March 09 they are def in breach of the CCA Furthermore both the default notice I did receive and the one they 'say' I received are inaccurate show different amounts! I have cut and pasted this and added to my documents ready for tomorrow Thanks again
  12. Thanks Tiglet It would be great if you could advise me of what to point out in the consumer act and insolvency act Am I correct in thinking that because they have not provided a full breakdown of charges and not sent a default notice as suggested that this could be what I quote? With regards to the insolvency act - again am I correct in thinking that the point to make is that it should not be used as a 'debt collection tool' and that the debt was in dispute and therefore should not have been pursued in the manner of which it has Your help would be really appreciated
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