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hitchy1

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Everything posted by hitchy1

  1. Thanks. Would you recommend writing and asking for an explanation at this point or going straight for SAR?
  2. Engage are still very much active and have a website. To be honest my experience wasnt a bad one. My ex left and i was holding the mortgage. Engage supported me by letting me pay reduced payments without adding charges with a view that i would pay the mortgage when the property sold. Unfortunately this left the £2707 shortfall and they did not add further charges. It is only when i have paid what i believed was my 50% that Optima say im still liable for the remainder. From my perspective i think this is my ex's liability but im not sure the law will support me. I would rather pay a solicitor to try and deal with it than to pay 80% while my ex pays 20%. I may have been naive but ive not been dishonest or failed to pay what i believed was my portion. If my ex continues paying then the full liability will be paid off at 50/50 so why threaten court action?
  3. I dont think so. The mortgage shortfall was £2707 and thats what i agreed to pay half of. Optima are saying that there is outstanding balance of £1397 but that includes the £211 that they seem to have added without reason. So by my reckoning there should be be £1197 outstanding which indicates my ex has paid something but without paperwork im not sure. My inclination is to ask for a statement detailing payments received and explaining how the original debt differs from Engage paperwork. At that point i can make a decision on how to deal with it.
  4. The mortgage was with Engage and the agreements to pay £2707 back was on their paperwork. Optima then seem to have been appointed to collect and i have made my payments by standing order until i cancelled it to them. It is Optima who are stating that if i dont set up the payment again they will refer back to their client to commence legal proceedings. So should i SAR Optima or ask for an up to date statement and to explain the difference in the original amount?
  5. I have original paperwork showing the debt at £2700 although Optima are saying £2911 so im guessing they have added some fees but i dont know why. By my reckoning i have paid £1328 and there is £1397 remaining but if this has been overstated by £211. I know my ex agreed to pay them at £20 per month but i have no contact so dont know if the agreement was honoured. I have never received any statements i have just maintained my payments until the 50% liability for me was redeemed. Im loathe to continue paying when my ex seems to be ignoring liability. If we go to court surely they should prosecute us both?
  6. There is a signed agreement at £2707 but even though I pay £83 I have a feeling that the wording means I am still liable which seems grossly unfair considering my lifestyle is far worse than my ex's Do I take legal advice or should I reduce the payment or will that still incur court action?
  7. In Feb 2014 I sold my property with a deficit of £2700 following divorce . The mortgage company agreed a separate payment plan with myself and ex, mine being in the sum of £83 and my ex at £20 per month. My understanding is that we are both liable as it was a joint mortgage . I have continued making the payments until my 50% is complete and have then cancelled the payment. Within days I have received a letter stating that I have broken the agreement and threatening immediate court action. I also noted that they had the original debt at £211 more than the actual. I am liable to continue paying at this rate whilst my ex gets away with it? seems unfair and I would rather spend the money on a solicitor and defend providing my case is strong. Can anyone advise please?
  8. Im confidant that they have never been a creditor on the DMP and because it hasn't been paid for 2 years its likely been sold to them. Im also confident it was on the dmp originally under another DCA, possibly ARC. Should I still send a CCA to find out what they have as its almost impossible that I can remember what if anything I owe?
  9. The debt does not show on my credit file. The dmp was with the company now known as Stepchange and was non paying but as I said I haven't paid anything in over 2 years as it was a joint plan which was cancelled when I got divorced. I think both of these were cca'd with the original creditor back in 2005 and they may have even sent copies of the agreement but I cant remember and don't even know if the figures are correct.
  10. More than 10 years ago I had a number of debts and these were eventually wrapped up in a DMP 2 years ago when following divorce I stopped paying as I couldn't afford and also moved home. I have started receiving numerous threatening letters from Wescot advising they are chasing debts for Egg and RBS and that they will continue to try all means to contact me. Fortunately they only have a postal address. Im not sure how to handle this. Firstly I know that under the DMP nothing was paid to Wescot so it seems they may have purchased from another DCA as im sure Egg and RBS didn't get direct payment. Do they need to provide me with proof of the debt and the amount outstanding?
  11. I have received a letter from Arc which says it is following up on information i have received recently. I have received no other letters so this is the only information. They claim to represent Arrow Global for a loan which was originally with EGG back in 2003. I did have an EGG loan which was part of a DMP with my ex wife and my last recollection of any payment was in June 2013. Im assuming Arrow have passed to Arc for collection and they have traced my new address. They inform me that i am legally responsible. Can someone advise how i should deal with this please? By the way the debt is said to be around £5k which is more than i borrowed in 2003.
  12. Sorry not been on for a while been working away but have some surprising news. I sent the prove it letters as suggested and received letter back stating they needed more time to find the agreement but would not bother me in the meantime. Not heard anything for weeks but today received a letter stating unable to find original agreement and account is being closed.
  13. I know for sure there was no PPI, it was something i never did. Think i will wait and see what Lowell have first before deciding.
  14. Cheers, thanks for the advice. I will draft a CCA from the templates and send it off. I would feel better knowing what if anything they actually have.
  15. Yes, i destroyed that as well but have just pieced it together and can see a Lowell reference number and an original account number. The account has been referred to Hamptons, not Carter as i stated. Is it ok to sign the cca request?
  16. Ok. Can i send a ccr request without knowing the reference for the so called account? As i have destroyed anything they have sent so far?
  17. No i haven't done a CCA, i have never acknowledged any of their mails to date. Should i do this and should it be to Lowell or Red? I don't even have a reference number is it safe to ask for details based just upon my name?
  18. They do have my address but i have never responded to any of their letters or the two that i have received from Red. Think an earlier letter said they had got address from credit file. What I'm worried about is that Carter may just issue court proceedings and i may have missed an opportunity to see what they have in terms of documentation or can i still ask for proof at that stage?
  19. Ive now been referred to Carter with a threat of bailiffs, ccj or other action. Do i still continue to ignore at this stage?
  20. UPDATE: Have i won at POPLA? I have received a letter from parking eye confirming that the charge has been cancelled, but i have heard nothing from POPLA. Letter dated July so if it is via Popla appeal would have expected info from them.
  21. Update: i have continued to ignore Lowell and they have now referred me to Red. Should i continue ignoring? They do not have confirmation of my address or any other way of contacting me. Im assuming at some point they will threaten or instigate legal action. I am pretty sure they have no documentation relating to the debt as it was around 2004 when first taken out.
  22. Thanks for the quick response i will post on Monday morning. Thanks everyone for your help, hopefully i will win and donate some of the saved parking charge to the brilliant work of people on here.
  23. Can i ask that some of you kind people read through the following and advise of any errors or alterations i should make. Also is it sufficient to send all this by e mail or will POPLA require hard copies in the post? Dear Sir/Madam. I would like to make an appeal of the above ticket on several counts. On the 17th May I wrote to Parking Eye to appeal against the parking charge issued by them on the 10th May 2014. (Copy attached) I received a response ignoring my request and also my right to receive a POPLA code dated the 23rd May 2014. This letter also contained a list of court cases and other material designed to intimidate me and in flagrant breach of the BPA code of practice and law (Copy attached) I again wrote to Parking eye on the 2nd June and also levied a complaint with the BPA and POPLA (Copies attached) I received a response to my 2nd letter dated the 10th June 2014 which advises of rejection of the appeal but fails to answer any of the points I raised. This letter also advised the POPLA code required for appeal and a further 10 days to pay a reduced parking charge. Therefore I wish to appeal this charge on the following points. 1. Parking Eye have failed to clarify whether the charge is for damages arising from breach of contract or a contractual charge. 2. If this is a claim for damages, I require Parking Eye to provide a full breakdown of genuine pre-estimates of loss to the landowner that this charge represents. Obviously, business running costs do not apply. I contend that the landowner and Parking Eye have suffered no loss on an alleged overstay in a free car park. 3. If this is issued as a contractual charge, I require Parking Eye to provide proof that the charge is fair, reasonable and not punitive. I submit that Parking Eye has not provided a mechanism on site if the driver wishes to stay for longer than 90 minutes, and it is an unfair attempt to make a party pay excessively for an event which would normally be 'breach of contract.' I contend that the £85 charge is punitive, and an unenforceable penalty. 4) Parking eye have not been able to provide a copy of the contract that allows them to chase for monies on the landowners behalf, I require that they produce the full unredacted contract proving they have this authority 5. Parking eye have been unable to give accurate times in which the car was parked, only providing entry and exit pictures, which only proves time in the car park not time parked, I require that parking eye proves length of time the car was parked. 6. The signage is not clear and legible as the only signs in the car park are set above head height and are not readable from a moving vehicle (image attached taken from a distance of 5 metres away)
  24. Thanks, do i appeal online or should i do it by letter and include correspondence?
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