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tigercub

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About tigercub

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  1. Thanks Andy I reside in Scotland and the agreement was made in Scotland. Essentially then I can just ignore as I already have an agreement in place?
  2. I have an old Credit card debt with RBS which defaulted in Sept 2009 approx. £6300 still due. It no longer shows on my credit file as it dropped off last year. I have been paying £25.00 per month without fail every month towards it for more than 6 years. As I have been making payment it doesn't come under the same rules as being statute barred (Or does it?) I have received a letter stating that Westcot Credit Services will be managing the repayment plan going forward and they will contact me in 14 days. The minimum payment given to RBS was accepted by them in correspondence goi
  3. Just off the phone with Shelter - Essentially they are saying that the lender can issue as many call up notices as they like and can continue to do so until they eventually take me to court ;-( They have seen some Lenders issue several call up notices before eventually taking people to court and repossessing the property.
  4. [F6Subject to subsection (12) below,] a calling-up notice shall cease to have effect for the purpose of a sale in the exercise of any power conferred by the security on the expiration of a period of five years, which period shall run— (a)in the case where the subjects of the security, or any part thereof, have not been offered for or exposed to sale, from the date of the notice, (b)in the case where there has been such an offer or exposure, from the date of the last offer or exposure. [F7(12)A calling-up notice calling up a standard security over land or a real right in land use
  5. Thanks for the feedback. The call up notice gave me two months to pay before they could take action however this was five years ago. The call up notice has expired and is now null and void. The lender needs to comply with pre action protocol before issuing a call up notice or starting repossession proceedings. My question is still now that the call up notice has expired after 5 years can they then by law start the clock ticking again by issuing a second call up notice? I will contact shelter but from a point of view of law I can't see how they can just issue another notice if t
  6. I received a call up notice over 5 years ago which expired in January 2014. In line with the Conveyancing and Feudal Reform (Scotland)Act 1970 I believe that under section 19- Calling up on standard securityparagraph 11 states: (11) A calling-up notice shall cease to have effect for thepurpose of a sale in the exercise of any power conferred by the security on theexpiration of a period of five years, which period shall run- (a) in the case where subjects of the security, or any partthereof, have not been offered for or exposed to sale, from the date of notice (b) in the cas
  7. Question Ref Calling Up Notice as stated above: It has come to light that the call up notice that was served in November 2013 was invalid due to the fact that the Bank failed to follow the pre action protocol before issuing the notice. With this in mind the original Call Up issued in Jan 2009 has well expired and as the 2nd call up issued November 2013 is invalid there has been a period of more than five years since the original paperwork was received. Does this mean that they can still pursue the debt or does this become extingushed? Can they issue another call up no
  8. Thanks for the reply - Varde tried to take me to court a few years back and I sent in a defence letter to the court ( see below ) which then lapsed as they failed to take it any further and the court 'stayed' the case which cannot be opened again unless they reapply to the court in question. I have not heard from Varde for 3 years and the debt drops off my credit report in approx 18 months. AccountNo. **************** Unlawfully Repudiated As defence to the action being raised by VardeInvestments (Ireland) Ltd the defendant notes that the claimant has stated inthe particulars of t
  9. I am in an ongoing dispute with Equifax regarding a debt which I do not acknowledge to the current DCA The alleged account in question was unlawfully terminated by MBNA by way of passing the debt to Varde Investments (Ireland) Ltd (With Experto Credite acting on there behalf) prior to the rectification date of the default notice thus unlawfully rescinding the agreement and the account in question therefore Unlawfully Repudiated. Varde have no legal right to the debt and in turn if Aktiv Kapital wish to pursue this debt on there behalf they will have to apply to court in order to lif
  10. Thanks Ida, I am awaiting an appointment with the original solicitor I used 8 years ago when the overdraft was created. We received a letter from the local authority as well. Shelter is next on the list to contact
  11. Thanks Ida, I believe the initial calling up notice received 19th Jan 2009 is about to expire..... In line with the Conveyancing and Feudal Reform (Scotland) Act 1970 I believe that under section 19- Calling up on standard security paragraph 11 states: (11) A calling-up notice shall cease to have effect for the purpose of a sale in the exercise of any power conferred by the security on the expiration of a period of five years, which period shall run- (a) in the case where subjects of the security, or any part thereof, have not been offered for or exposed to sale, from the d
  12. Morning,Ill try and keep this simple and to the point. I am joint guarantor for a business loan from Bank of Scotland that was called up in Jan 2009 (Almost 5 years ago) The call up had the incorrect address, namely the postcode and my wife’s name was also completely wrong. I have managed to fight it so far over the last 4 years and ten months. However I have just received a Calling Up Notice from there solicitor demanding payment within 2 months or they will pursue repossession of the property. They have always contacted me and not my wife who is also down as G
  13. Im probably going to make a settlement offer on this one as I have two complaints now upheld by the IOC and the FOS for lack of information being provided on an SAR and various other requests. In theory If this was to go to court I think they would have egg on there face but not prepared to go that far just want it cleared. If I can get this settled within the next 12 mths the record should come off my file anyway as the default will then have hit the 6 year period where it is recorded on my credit file and the account would have been settled anyway
  14. NO PPI on the card, charges now are all associated with the overdue payments. They did however stop charging interest on the card a long time ago so I am only effectively paying what is owed up to the point of default. I incorrectly though that after 5 years this would go away. I take it since I am making payment then until we come to some sort of agreement on a full and final settlement then this can go on until the debt is cleared........ At this rate 15 years!!!!
  15. I have been paying a token payment of £25.00 to the RBS forover 4 years now on a defaulted credit card. I have a question in relation tothe Scottish law when it comes to a defaulted account becoming Time Barred. Due to the fact that I am paying a token payment towards thecard each and every month and have done for four years does this essentiallymean that the default will never become time barred?
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