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Everything posted by dizzyblonde1966

  1. Got a bit of an update, looks like no option but for set aside , going to file it in court tomm, (sorry for the long post, but its quiet humorous in parts ) Spoke to bw legal today who acted on behalf of lowells, to see if they would consent to a set aside/suspend the warrant without the unnecessary hassle and extra expense of filing an n244 set aside application I Spoke to a lady employee after my friend had passed all his security/data protection and passed the phone to me , she wasnt very helpfull, although she claimed she was trying to help (by claiming it wasnt stat barred ) more on this later At one point she sought advice from a senior member of staff, and still came back saying they were refusing consent she confirmed the account was defaulted in feb 2009 The account was assigned to Lowells in 2011 I advised my friend had received no paperwork/court claim and was applying for a set aside, a nd that in any event the account was stat barred and if he had received the paperwork that would have been his defence he would have used I advised the name on the court warrant was also wrong, she tried saying it was just a spelling mistake, so I advised her that 2 totally different first names is not simply a spelling mistake she claimed it will be for my friend to prove its not him on the warrant under the wrong name and she still isnt consenting to suspend the warrant , I asked why is it our responsibility, its their mistake not his, so why couldnt she simply get the correct name details from their client lowells, she still didnt want to admit it was the wrong name and said that wasnt an option (or words to that effect ) I asked if she had any info on his last payment on the account, she said she didnt have that info She said she could see on their notes/file though that my friend had returned a missed call in April 2014 and went thorough data protection and admitted laibility on the phone, (my friend claims he never spoke to anyone ) I pushed her for more info, I asked what his exact words of admission/liability were, she said she didnt know as she didnt have that info in front of her, to which I replied so why are you claiming he admitted liability then if you dont know what was said? she replied with well there is no note saying hes disputing it,? how bizzare, since when did that become an admission, in any event it would have already been stat barred in april 2014 thats the gist of it so far, I was hopimg they would consent , but they wont,.so now its going to cost him £155 to file the n244, How does he go about claiming it back, hes left with no option but apply for the set aside as bw legal didnt want to help resolve My friend has spoken to the bailiff and advised of the set aside being submitted tommorrow, who was really nice on the phone and said no problem and advised him that as soon as he has filed the set aside application tommorrow can he ring back so he can check with the court that he has applied for a set aside , So at least my friend hasnt got the worry of the bailiffs coming now, but he does want to seek costs from BW legal /lowells for them giving him no option but to file the n244 and the cost associated with it Can someone please advise accordingly Thanks
  2. Hi guys, Thanks for quick response Yes the debt would have been stat barred at the time of claim issue The warrant letter is dated 29th June and says total to pay before 13th July is £172.25 (which im guessing is the bailiffs fees) with a balance outstanding after payment of the warrant of £230 Thanks
  3. Hi Guys, Bit of an update, It appears that this is a debt from about 8 years ago for a credit card He has not acknowledged it or paid anything on it for at least 8 years, hence the reason he had forgot all about it , It turns out a ccj was granted last year as no defence was submitted , ( he never received any paperwork) The first he has heard is this warrant, The debt would have been stat barred, I have just done a few quick calculations re his income etc , and its very unlikely he will qualify for fee exemption to set aside the judgement , so he will have to pay the court fee . is it £155 ? The dilemma now is, does he borrow the money from family/friends and pay to have the ccj set aside, If he wins the set aside, does he get the court fee back? as the fee to have it set aside is not much cheaper than the debt itself of £230 Or does he borrow the money /try and arrange a payment plan with the bailiffs to pay the debt and the bailiff fees and then go about trying to reclaim it all back ? or does that undo his stat barred/no paperwork received defence Hes really worried the baliffs will come knocking and hes got children in the house and he doesnt want to face a confrontation in front of them,
  4. Hi guys, Im hoping someone will be able to help me , 2 issues really, first one is he has no idea what its for and secondly its in the wrong name These are the details One of my friends has received a notice of issue of warrant of control with a total of £172.25 to pay with a further £230 balance outstanding , The notice was issued in in the county court business centre and the creditor is lowells Does that mean its a business debt they are chasing or a personal debt ? he has never had a business and doesnt have any personal debt that hes aware of The is genuinely the first he has heard of any debt, and he doesnt know of any ccj"s , However as well as those issues which he will now have to get to the bottom of, they have used his middle name instead of his first name on the warrant of control , which is very odd, cause surely if there was an old debt he has forgotton about , surely it would be in his original birth name as thats still his official name, He is known to his friends under his middle name as he prefers that name , but on all his official documents ie his passport.licence , bank account etc hes known as his birth name Hes really worried the bailiffs will call and take his belongings before he can get to the bottom of this He doesnt have funds to pay for a set aside, Does he have to fill in form N245 and apply for feee exemption or does he just call lowells and question what its all about and why the name is wrong etc Any help much appreciated
  5. Thanks guys The alleged debt is for just under £6k I did also receive a notice of assignment when Cabot initially bought the debt, Do I just ignore Marlin or do I start a time wasting exercise in asking for proof/documents/ cca again etc Cabot have been chasing me for 2 years on this account, do Cabot not issue court proceedings in their own name? or is it just a tactic to try and make me think its a new DCA chasing the debt ? DB x
  6. Hi, we have had a few accounts sold to cabots, This alleged debt of just under £6k is for a credit card account which was opened in 2005, it was defaulted in 2009 , it went through various dca"s before finally being sold to cabot in 2012 There is no ppi on it, last payment/acknowledgement was Nov 2008 im presuming it becomes stat barred in 5 months Cabots have been sending me letter after letter, I went down the CCA route again and they supplied a recon with no signature, no varied terms etc I have since ignored any further letters from them , but last week received a "notice of change letter " Cabot have now instructed Marlin to recover the alleged debt, Do I just ignore marlin too or do I resend another cca request etc Do marlin have any teeth and with it being stat barred in 5 months will they be more urgent in their desire to collect this alledged debt , Is Marlin just another arm of cabot or are they a seperate company altogether Thanks DB
  7. Thanks guys, Thats what im thinking, They made enough out of the loan repayments,£120 or as citizen B points out 34% on top as a so called establishment fee is way out of proportion Any suggestions on where to go from here, Am I right in thinking cash converters have a representative on here, ?
  8. Thanks, Would they have to tell him this in advance, and is there any guidelines/regulations they have to follow, ? surely each shop cant just pluck a figure from thin air and add it to the already sky high charges,
  9. I have the paperwork here in front of me,he took it out at a cash converters on our local high street Its go all the details, ie loan amount of £350 interest rate of 150% , and frequency/date of payments etc Also has establishment fee of £120 listed , my son has no idea what its for, and says he was unaware of it until I pointed it out to him, the first figure on the loan repayment sheet says £470 owing , ie the £350 plus the £120 "establishment fee " Thanks
  10. I recently found out to my dismay that my son had taken out a payday loan from cash convertors, The loan has now been paid back in full, obviously much more than he had borrowed, his initial loan was for £350, but £120 was added for "establishment fee" This took his loan upto £470, so he was already £120 worse off before he even left the shop, let alone the rip off interest he had to pay on top. Anyway, my sons stupidty aside, is this establishment fee which was added to the loan legal, ? how can they get away with adding almost a third to the loan before he had even left the shop? Any help much appreciated
  11. I had the cca looked over on here a few years ago and the consensus was it was in the prescribed format, which then only gave me the dodgy DN to fight with, , but am I right in thinking a dodgy DN on its own is no longer viewed as a strong defence. DB X
  12. I have received a letter from 1st credit with a 70% discount full and final settlement, About a year ago they sent a letter offering 30% discount, then a few months later a 50% discount, now the 70% discount, I'm currently paying a small token amount of £5 each month and have done for about 2 years, it was for an unsecured bank loan taken out in 2008 and there is approx 17k outstanding.It was assigned to 1st credit in 2011 The cca appears to be compliant and has all prescribed terms etc,but the default notice was faulty in that it never gave the prescribed days to remedy, I'm just wondering why are they offering the big discount? Is. Are they just after a lump sum as it would still give them a nice profit on what they paid for it or could there be problems with cca? Or could the dodgy DN have anything to do with it? Although they prob aren't aware of the dodgy DN yet as I've not mentioned it, unless the original creditor supplied it to them on assignment DB x
  13. Thank you so much ladies/gents. I will keep the thread informed of progress DB x
  14. Ok thanks, On the covering letter they sent with the reconstituted terms and conditions, they claim they have now satisfied my cca request and its now enforceable, Should I just ignore them, or should I respond back telling them they havnt yet sent me a signed copy of any cca/agreement .or anything bearing my signature to produce in court if they issue proceedings, Is there anything I need to be doing at this stage, just so there is a paper trail if it does go to court? Thanks DB x
  15. Thanks for replies ladies/gents, much appreciated, I will try and post up the terms and conditions they have sent ,im not great with technology or software, DB x
  16. Sorry I don't have access to a working scanner at moment, But there are 13 pages , its all just terms and conditions, there is no copy of an application form or anything like that, just pages upon pages of written terms and conditions, including the interest rates etc DB x
  17. Sorry for delay in replying I havnt got access to my credit file at moment, but the account was defaulted and terminated and in 2009 ,(I have the default notice, and its not given enough time to remedy, only 13 days after service ) The account was sold to cabots in 2010, I told cabots in 2010 it was in dispute, its took them until now to produce a reconstituted agreement, ive just had a re look through what they have sent and they have sent a reconstituted copy from 2003 when the account was opened, and a reconstituted copy from 2008,(don't know why they have sent 2) but neither of the reconstituted copies have any of my details on, no name , address or signature etc , just photocopies of the terms and conditions etc Any advice on where to go from here, is it a fightable/winable case if they issue court proceedings?
  18. The debt is for just over £9000 The last payment was definitely in june 2008, I also have the sar which confirms this. Is a reconstituted copy with no personal details or signature worth fighting on its own,? DB x
  19. Hi, Thanks for all the replies I will try and answer all in one post, I will have to go through the statements to see if any excessive charges, there was no ppi on it, I know that for sure, What the dca has done though is after assignment they have on a separate piece of paper added interest each month, + £12 late fee + £12 missed payment fee, is this allowed? The DCA is Cabot, My last financial transaction on the card was in June 2008, the last payment was also June 2008 DB x
  20. Hi, Just wondering if someone could help me please, I have an account that will become stat barred in about 10 months time, Its for a Barclaycard from about 2005 In 2008 I cca"d Barclaycard and they couldn't find the agreement, so I put the account into dispute, a few months later they sold the account to one of the big debt collection agencies, The debt collection company then sent me a pay up letter etc etc, I explained account was in dispute as no cca, Not heard anything for a few years, and then last week out of blue the debt collection company sent me a reconstituted agreement, no signature ,no prescribed terms, no nothing just waffle and copy statements, I don't even think its a true copy as the penalty fees are for £12, Im prepared to fight them if its a winnable cause, but was just wondering, if the actual stat barred limit came into force while it was still in the court system, does that in itself make the alledged debt unenforceable due to becoming stat barred, or would it be classed as a claim was made prior to the time limit and therefore continue to an end in court, DB x
  21. Thanks, Will suggest to him he rings the insurance company up direct in the morning and express his concerns to them before the loss adjuster calls him back in the afternoon ,
  22. Its the loss adjusters who are making the various offers , they appear to be a specialist jewellery claims service used by alot of the major insurance firms,
  23. I think hes just shocked at the 50% reduction for cash, ie £3000 They are offering a gift card for the full amount of £6000, i have read that insurers get a kickback of around 20% from the retailer,if this is true, would mean the claim is stil costing them £4800 , so £3000 seems very low,
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