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Lapchien66

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Everything posted by Lapchien66

  1. Many thanks - I'll read it a few times to understand it, and let you know how I intend to proceed.
  2. The ccj was set aside on 1st July, the judge ordered that Lloyds resubmit the claim form by today. Lloyds have not sent me the claim form - so what happens to the set aside ccj now? Do I need to do anything? I'm not exactly screaming for a new claim form, mind you...
  3. Any chance you coudl post a link to your thread please frettful38..?
  4. Thanks for the comments, I hadn't noticed that the pages looked out of number/order. The cca is part of a pack of statements that were sent by connaught, the cca piece starts with an internal header sheet from hsbc, with Page 1 of 5 at the bottom, then page 2 of 5 on the 'top sheet' (first page in the scan, you can see it as RETURN THIS COPY Page 1 of 6 in the scanned document). Page 3 of 5 has RETURN THIS COPY Page 4 of 6 in the scanned document, Page 4 of 5 has RETURN THIS COPY Page 5 of 6 in the scanned document, lastly Page 5 of 5 has RETURN THIS COPY Page 6 of 6 in the scanned document. So it looks like they haven't sent page 2 of 6, or page 3 of 6. What they have sent is confusing and therefore at the very least arguable, does everyone agree? Next actions on this - should I ask connaught to clear this missing page issue up? There is a default registered by hsbc, should i ask the OC or DCA for a copy (may not be constructed correctly)? There's also a number of high penalty charges on the statements. The overall balance on this account is about £1200. Thanks Lapchien
  5. Received this from connaught - I *think* it may be , but would be grateful for an expert opinion! hsbc.pdf
  6. 1st Cretins have a default on my file for an old Lloyds account. I wrote to Lloyds asking for a copy of the DN, they wrote back saying that they could not supply anything as this was for an account they no longer managed (it's from 2006). I told 1st Cretins to send me a copy of the DN that they have registered, they told me that the OC would have sent it and they do not have a copy. I suspect that the DN was not correctly written/served, and I want 1C to remove the DN. Any ideas? Thanks Lapchien
  7. Last week, out of the blue, RBS wrote to be saying they were invoking one of the clauses in the agreements and telling me to return both of my cards. They said that the accounts would remain open, and I will still receive monthly statements, until the balances are paid off (the balances are £4500 and £2000). Not sure why they have done this, I am pretty close to the limit and pay off the minimum amount each month, but never had any real issues with them. I bank with RBS and credit my not inconsiderable salary with them each month. Any ideas why the cards have been withdrawn? I've SAR'd them but following the comments of other caggers I'm not sure what sort of response I'll get! Thanks Lapchien
  8. Just back form the court. No problems, Lloyds did not attend, but they did send a note to the Judge asking for the case to be adjourned in order to locate the 'papers'. The Judge refused, briefly read the paperwork (I couldn't see much, but did see a letter from Setchari Clark + Mitchell (? - think that's what they are called)). The Judge then said that the account was sold to Moorcroft, and that Lloyds had bought it back. He has given them 14 days to resend the claim form, and a further 14 days for me to file a defence. So for now, any advice? Do I CPR or SAR Lloyds, and if so - to which address? Thanks Lapchien
  9. I have a set aside hearing on 1st July, I found out recently that I have a ccj for £20K from Lloyds, the ccj was registered at an address I left in 2004. The ccj was entered by default in 2007. I only found out about it recently when I applied for a car loan. Checkmyfile were not aware of it either, until they tweaked my old address! I have letters from Lloyds at my old address, and, crucially, my new address (card statements, bank statements, notice of tax paid, PIN notification etc). I also have other documents showing my new address since 2004. I am requesting that the court set aside the ccj as: I was unaware of it, until I applied for a car loan in April 2009 I have no idea what debt for £20K I could possibly have - my last staement from Lloyds shows an overdraft limit of £1800 and the balance of £36 o/d, my credit card had a limit of only £1000. It could be identity theft - I just don't know. The default was put through at the Northampton bulk centre so I have minimal information about it. I wrote to Lloyds, asking for a CCA, and they wrote back saying they do not hold an account for me, and returned my PO! I have a schedule of key dates (left old address, informed bank etc), and also a document schedule (bank statement, card statement, letter from employer, information from electral role for periods in question etc). I have my papers in order, and have a bullet pointed list of key issues. But guys, I'm struggling with the wording and procedure. Do I have to say, "Sir, it is my application today that I request you to set aside this ccj because..."? Is there a certain way I have to put this? Any advice would be, as ever, very gratefully received - court on 1st July! Thanks Lapchien
  10. Is it just me or does everyone else think that these MuckHall people are utter shi*es, the lowest of the low?
  11. I have a set aside hearing on 1st July, I found out recently that I have a ccj for £20K from Lloyds, the ccj was registered at an address I left in 2004. The ccj was entered by detault in 2007. I only found out about it recently when I applied for a car loan. Checkmy file were not aware of it either, until they tweaked my old address! I have letters from Lloyds at my old address, and, crucially, my new address (card statements, bank statements, notice of tax paid, PIN notification etc). I also have other documents showing my new address since 2004. I am requesting that the court set aside the ccj as: I was unaware of it, until I applied for a car loan in April 2009 I have no idea what debt for £20K I could possibly have - my last staement from Lloyds shows an overdraft limit of £1800 and the balance of £36 o/d, my credit card had a limit of only £1000. It could be identity theft - I just don't know. The default was put through at the Northampton bulk centre so I have minimal information about it. I wrote to Lloyds, asking for a CCA, and they wrote back saying they do not hold an account for me, and returned my PO! I have a schedule of key dates (left old address, informed bank etc), and also a document schedule (bank statement, card statement, letter from employer, information from electral role for periods in question etc). I have my papers in order, and have a bullet pointed list of key issues. But guys, I'm struggling with the wording and procedure. Do I have to say, "Sir, it is my application today that I request you to set aside this ccj because..."? Is there a certain way I have to put this? Any advice would be, as ever, very gratefully received - court on 1st July! Thanks Lapchien
  12. Thanks Sunflower - I like the first letter, I think I will amend and send on Monday.
  13. Summary - account opened around 2001, passed to Wesnot etc, requested CCA 3 months ago, various guttersnipes passed back to Halifax. Now, Halifax have sent this letter: Dear Lapchien66, I enclose a copy of the agreement when the account was first opened together with a copy of the current agreement. By providing this information we have fulfilled our obligation under Section 78 of the Consumer Credit Act. (Just the usual print out of some terms and conditions that so many lon here have had) The regulations define what is required of a “copy”. Whilst regulation 3 provides “every copy” of an executed agreement… shall be a true copy”. Regulation 3(2) (b) provides that a copy can omit any signature box, signature or date of signature. At the moment we are not able to provide a copy of the original signed agreement, however we can confirm that our procedure has always been to obtain our customers signature to an agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confident that the agreement remains enforceable. However, even if an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court. It has always been our process to ensure that an agreement compiling with the CCA requirements would have been signed by the customer before setting up a credit card account. Should this matter proceed to court we will adduce evidence to confirm this. I hope this clarifies our position. Now, I can just hear most of you scoffing at some of the comments here - what they seem to be saying is that the agreement is enforceable just because of the way the bank usually opens card accounts, in spite of not having an agreement! Anyone care to comment or assist with a snappy response? Something along the lines of "bog off" (but in a little more legal-ees!)? Thanks Lapchien
  14. Does anyone know how soon a CRA updates it's files to remove a ccj after a set aside has been granted?
  15. I check my credit file every month. Last month the crudites stuck a default on my file, the default was, they say, added in November 2005. It wasn't there last month. I've written to them and demanded that they remove it, stating that they have no default notice, no acknowledgement of any debt, and in any case no notice of assignment. I've given them 14 days to remove or else. What can I do to 'force' them to remove it?
  16. Update: Well, I heard back from Equifax today. After complaining to them, they have come back and said that they first marked these searches as in dispute, and wrote to Muck Hall for details. Equifax have told me that they have had no response from them, and have accordingly removed these searches from my file. Result! Good information here for anyone else who has these pesky so and so's searching their files and leaving their dirty great footprints everywhere...
  17. Update: Eventually heard back from the original court, Northampton Bulk Centre, saying that the case for the set aside was being transferred to my local court, who will contact me with the date of the hearing etc. Won't this just be a straightforward rubber stamping exercise by the court, or will I have to attend and quite literally 'state my case' for getting the ccj set aside?
  18. A friend of mine has been claiming JSA for the last 6 months, they've recently asked him to sign every week, rather than 2 weeks. However, the first time he was due to sign weekly he forgot - he was so used to signing each fortnight. The next day he went to the job centre, they told him he had to go for an interview today to explain what happened, they've told him that the claim is now 'disallowed' and he will have to re-start his claim! Does this seem fair? Is there an appeal process?
  19. Just hang on a sec - what gives them any rights whatsoever to go poking around in anyones credit file?
  20. Just what 'qualifications' do you need to work at TS, and on what basis is their 'advice' offered, I wonder!?
  21. Great thread - Hitachi deserve to get screwed. It does make you wonder about all of the other souls that give in to these twits.
  22. Interesting article. I recently wrote to MH after I found out they have performed 14 credit searches on me in the last 18 months! I've complained to the OFT about it as well.
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