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UKDomains

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Everything posted by UKDomains

  1. They took 5 days with me. They legally have 28 days maximum the FOS told me.
  2. I am. Plus I'm emailing the person who's details they sent me and telling her to complain to ICO as well
  3. Oh dear. Vanquis just sent me all the paperwork for my SAR I did ages ago. Copy of the T's & C's, a nice covering letter saying if I want copy statements it will cost £5 each as per their terms and conditions, and then kindly gave me someone else's account details, transactions, address, email, all contact details as well as full account history!
  4. And if it was already in unauthorised overdraft due to Lloyds fees and Payday lenders raiding the bank account for multiple x £20 payments Lloyds added on over £400 in fees before closing the account 11 months later.
  5. A quick query about this. As Lloyds originally entered a default nearly 11 months after account went dormant, and Hoist have discontinued, can I demand Hoist remove the default from my credit report? As it has been discontinued, any chance they could restart it?
  6. Me thinks people should start complaining to the courts regarding Rectum's wasting court's time if they ever get to the court stage.
  7. Yeah, thanks, I've done that. Looking through a lot of recent threads, Rectums seem to be issuing a lot of claims recently where they have been informed it is statute barred and they ignore that, or seem to think default date means the "cause of action" to start the stat barred clock running.
  8. Despite Reston's being told that the debt is statute barred, they have decided to go ahead and issue a County court claim. Name of the Claimant ? ARROW GLOBAL GUERNSEY LIMITED Date of issue – 30TH MAY 2017 Date of issue 30TH + 19 days ( 5 day for service + 14 days to acknowledge) = Friday 16TH JUNE + 14 days to submit defence = 30th June (33 days in total) - What is the claim for – 1.THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT(S) UNDER A CONTRACT BETWEEN THE DEFENDANT(S) AND VANQUIS DATED ON OR ABOUT APRIL 14 2009 AND ASSIGNED TO THE CLAIMANT ON FEB 28 2012. PARTICULARS A/C NO- XXXXXXXXX DATE ITEM VALUE 10/02/2017 DEFAULT BALANCE 782 POST REFRL CR NIL TOTAL 782 What is the value of the claim? £912.00 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? AFTER -2009 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. ASSIGNED TO ARROW GLOBAL WHO ISSUED CLAIM Were you aware the account had been assigned – did you receive a Notice of Assignment? YES Did you receive a Default Notice from the original creditor? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? EVERY MONTH MY PAYMENT WOULD GO OFF, THEN ACCOUNT FEES WOULD PUT IT OVER LIMIT, THEN OVERLIMIT FEES WOULD BE APPLIED TO MAKE TOTAL EVEN LARGER. CREDIT LIMIT OF £200. REQUESTED HELP FROM VANQUIS AS HAD LOST JOB FOR TWO MONTHS, I WAS IGNORED. What was the date of your last payment? 14TH FEBRUARY 2011. THIS WAS VERIFIED IN A LETTER FROM RESTONS! Was there a dispute with the original creditor that remains unresolved? YES. I REQUESTED HELP WITH PAYMENTS, AS THEIR FEES WERE PUTTING ME OVER THE LIMIT EACH MONTH. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES, REQUESTED HELP FROM ORIGINAL CREDITOR. On the 15th of March, I received a threatening letter from Reston's telling me I owed them money, I responded asking for more info. They sent me an email saying I owed them money. I informed them on the 27th of March that I believed the alleged debt to be statute barred. On the 10th of April 2017, they replied and said the credit card had been defaulted on the 29th of July 2011, therefore was within the 6 years, and that they are in the position it is not statute barred and I need to pay them or they will issue court papers. I replied the same day and denied that the default date had anything to do with the Statute of Limitations, and that should they decide to take this to court, despite being told it is statute barred, I would be requesting the court to regard them as Vexatious Litigants (they didn't like this and wrote an extremely rude letter back, lol) So now: I go online to MCOL, ack and defend all and leave jurisdiction. I've already sent SAR off to Vanquis. Should I send off a CPR 31.14 to Restons as well? Any merit in waiting longer for stat barred defence?
  9. I actually have the original terms that were emailed to me when I opened the account. I cannot find any terms for dealing with missed payments and account closure.
  10. I understand where they are trying to pull a fast one, but if a creditor decides to only issue a default after a year, that extends the statute barred limit to 7 years I recall I think it was the OFT at the time said maximum 3 months?
  11. Hey dx, well I was being generous and thinking the cause of action would be the date of last payment plus 1 month But I love playing email tennis when I know I'm in the right. Yeah I'm ignoring them for now.
  12. Hi all, I'm putting this here in this section as Restons are threatening that I will be receiving a county court claim soon. In April 2009, I was offered a Vanquis card and I took it. I fell in a rough patch mid 2010 with payday loan spiral, and towards December 2010 I started missing various debt obligations. I was drowning under Vanquis as well, they would take my payment, and then their ROP charges pushed me over the limit and then I'd get a late payment fee added. Mid January 2011, I put the account verbally in dispute with the person who had phoned me, demanding additional payment. Credit limit was £250, they were chasing me for £700. Few debt collectors have come and gone, I've always ignored them. Beginning of March this year, I got a letter from Restons, demanding payment. I emailed them and said sorry, I don't acknowledge any debt to you. This was shortly followed up by another letter, saying I owed them £780 for the Vanquis card, last payment date: 18th January 2011. I responded, saying sorry, this is statute barred. They responded saying: Totally fed up by this now, I responded to their email, stating that I had already told them it was statute barred and that the date someone decided to issue a default notice had no bearing on the statute barred date and I suggested they go read the Limitations Act of 1980, and that if they decided they still would like to continue to take me to court, I would be requesting the courts to regard them as Vexatious Litigants and I would be requesting compensation. I then got the very snotty letter attached. Next course of action? Ignore until I either get a county court application as they have threatened, or should I be doing something now? I've just sent off for a SAR to Vanquis as well. restons threat.pdf
  13. Was just about to update this when I received an email from local County Court. Howard Cohen never bothered to inform the court they had discontinued the claim. Court requested they send immediately the form through, which they did via email, and the case in now officially closed
  14. Don't have it in front of me at the moment, will put it up later tonight.
  15. yesterday I received notice of allocation to small claims from my local county court. Emailed the courts sending copy of scanned notice of discontinuance from Howard Cohen. Receive an email now from county court stating Howard Cohen have never sent the notice of discontinuance to them, and they will be contacting Howard Cohen to find out why
  16. So received some good news. Howard Cohen sent through a Notice of discontinuation on Christmas Eve! In it it is mentioned their client reserves the right to reapply for CCJ in the future. Now my question is: How much of my defence could be used to reset the SB clock? It was due to expire in May this year
  17. suppose that's the route I'll have to go then. It's all academic anyway, they've assigned me a date that I completed on the form that I am NOT available anyway. I'm not in the country that day.
  18. Hi all. So I'd filed DQ with courts, sent copy through to Howard Cohen. Received email from courts now offering mediation offering me a date. Also, ask me three questions, one of which is: "I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment" Unfortunately I have to answer no to this: Howard Cohen have not even acknowledged my CPR request, neither sent me the requested info, and have not even bothered to send me a copy of their DQ. NO communication from them at all since this started. I'm guessing when I answer NO, mediation will not go ahead?
  19. Andy: Should is the operative word. They haven't even responded to my CPR request they received 19th September. Nothing, not even an acknowledgement.
  20. Hi all, just another update and need some help now. Received in the post "Notice of Proposed Allocation to the Small Claims Track" (Looks almost like this is Howard Cohan's cover letter, as it says on it "A copy of the defence has already been sent to you bu the defendant") Attached to this is the DQ. Please check if I have this all correct: I complete A1 with a tick saying yes I agree to mediation. Complete section B with all my details C - acknowledge small claims track is appropriate D1 Hearing Venue - ??? Enter my closest County court? D2 - Don't have any expert witness so I say NO? D3: enter 1 (myself) D4: let them know the days I'm not available (I have a lot of time I'll be out of the country) Now what do I do? Howard Cohan never responded to my CPR request (I have a copy of them receiving and singing for letter) Do I just complete form and send in tocourts, send a copy to Howard Cohen and wait?
  21. Of course. I had already planned on donating I'll update on what PaydayUk have to say for themselves when they contact me. By law, as the adjudicator explained to me, PaydayUK can deduct income tax if they want to. not very often, but they can. http://www.financial-ombudsman.org.uk/publications/guidance/comp_tax.htm I would then be given a certificate of tax deduction
  22. Just an update on this finally. Received a letter yesterday from the FOS. The ombudsman agreed with the adjudicator that MEM/Payday UK have to refund me all charges, rollover fees, missed payment fees going back 6 years ago. Plus 8% simple interest, plus remove ALL traces from my credit file. My spreadsheet shows this will be about £2800. I still owe them £600, so they will deduct that as well probably first. I've sent my acceptance letter and the Adjudicator has said MEM have until the end of November to contact me and arrange payment. Also a note that MEM might deduct income tax. Would this be 20%? there was mention I could then claim it back? How does that work?
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