hariboh
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Everything posted by hariboh
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No i requested a CCA in 2009 from TSB and then again in 2014 from Yuill & Kyle prior to the court date, Yuill & Kyle said they would cist the court case ....however i showed up in the day and so did their solicitor so i guess they were hoping i would be no-show on account of the case being put on hold.
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Thanks for the reply Blueda... Im just not sure because they started proceedings to take me to small claims court just before the 5 years and the case was put on hold until Yuill & Kyle could investigate the lack of CCA that was requested so i wondered if that would stop the Statute barred coming into effect?
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Well here was me thinking i wouldnt hear any more ... received a large envelope today with the following letter.... Dear Sirs, LOWELL PORTFOLIO I LTD - V - YOU We refer to the above case and enclode herewith a copy of our first Inventory of Productions which we have now lodged at ...... Sheriff Court. Should you have any proposals for settlement we would be pleased to hear from you within 21 days. Should you be in any doubt as to your legal position you should take independent advice from a Solicitor of Citizens Advice Bureau. Yours Faithfully For Yuill & Kyle Inside the envelope contains the above letter and statements from January 2008-10th January 2010 (no CCA) Last payment made on account was 8th July 2009??
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Anyone any more advice? PRBrown i have been looking at the letter you kindly put up for me to amend and send, im confused with the pursuers part...my original cca request was sent to TSB and this debt only transferred to Lowell recently infact first and only letter i ever received of them was on the 20th September 2013. So where it says the account was in dispute with the pursuers etc do i change that to say the account was in dispute with the TSB?? i know i'm asking really silly questions but i need to get it done and sent and obviously want to do it correctly Thanks Hari
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Hi Ida, thanks for the reply,im not even sure what my options are, i send the TSB a CCA request on the 27/8/2009 enclosing a £1 cheque and never heard anything back then sent them 12+2 letter as advised and again never heard anything back other than a copy of the current terms and a letter that states "there is no requirement under the CCA to provide you with a copy of your signed agreement" received a few letters from mha collections in nov 2009 then one from Lowell in sept 2013 and finally one fom Yuill and Kyle at the beginning of this month. Yuill and Kyle were the solicitors acting on behalf of the Clydesdale Bank in apr/may 2009 that took me court and got granted in favour of the bank, i have just finished paying them off which is probably where this is all coming from, but i didnt request a CCA from Clydesdale and didnt dispute
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okay here goes page 1 form of service, Lowell portfolio against me dated 18th feb ...you are hereby served with a copy of the attached summons, signed sheriff officer(Stirling Park) .... we are instructed in this action by Yuill and Kyle, 79 regent street etc to whom all payments and correspondence should be directed quoting ref no etc... Page 2: Small Claims Summons with Sheriff Court Address, pursuer Lowell Porfolio, Defender ME, Claim: the prsuer claims from you the sum of..... and the pursuer also claims from you the court expenses. Details of the claim on separate paper.....on or around the 2nd December 2004, Llloyds advanced monies to the Defender in terms of an Agreement regulated under the Consumer Credit Act 1974. The defender failed to adhere to the terms of the agreement and, accordingly, a Default notice was issued in terms of the Act on the 15th January 2010 seeking £ from the Defender. The Defender failed to make payment. The pursuers carry out business, inter alia, as a debt purchasing comanywho have place of business at..... The pursuers and Lloyds entered into a debt purchasing agreement on 24th June 2013 in terms of which Lloyds sold this debt to the Persuers. The agreement between Lloyds and the Defender allows for such a purchase agreement. Explained and averred that the defender was advised of said purchasing agreement by letter. There is a total balance due and resting owning by the Defender in the sum of £ which is the sum sued for. The pursuers have requested the defender to make payment of the said sum due but the defender has refused or delayed doing so. This action is accordingly necessary. The defender resided at.... the defenders had been resident there for more than three months immediatley preceding the raising of the action. The nature and circumstances of the defender's residence indicate that they have a substantial connection with Scotland. This ground of jurisdictation of the court is domicile of the Defenders in terms of section 41 or (section 42)of the cival jurisdiction and judgements act 1982. this court accordingly has jurisdiction. the other pages are the options page then the page to say whether i admit or dispute and the reasons to dispute and a time to pay direction and defenders financial position form
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Ok, seems its for a credit card originally from TSB then transferred to MHA Colections on 18th November 2009 and then to Lowel l, letter was sent to TSB on the 1st July 2009 requesting a signed CCA which wasn't received. Last payment seems to have been made on the account on 3rd July 2009 according to CC statement but i cant find any direct debit payment on my bank statement for then, last one i can find is beginning of January. Today i have received summons for small claims for hearing beginning of April....not sure where to go from here...anyone any advice? It also says on court letter that default notice was issued on 15th January 2010, i have a default notice from the TSB dated 15th September 2009??
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Whole letter reads... As you have failed to pay our client's account we have today served a Summons upon you by recorded post. Should you not dispute the debt then you are now liable to pay the sum shown below which include Judicial Expenses and Interest. To avoid Decree passing against you then please return the slip below with your remittance. Failure to do so will mean decree passing against you and our instructing Sheriff officers to recover the principle, juducial expenses and a greater amount of interest along with the sheriff officers fees. Finally, we refer you to the court document now served upon which details your right to make representations to the court and if appropriate to pay the debt by instalments. If you are in doubt of the implications of this communication we would recommend that you contact your solicitor or the Citizens Advice Bureau. I havent received any court documents though
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Received a letter on Saturday (in Scotland) from the above people on behalf of Lowell. In 2009 i asked all creditors for a signed copy of cca and none were able to supply me with it so accounts were put into dispute. Never heard much more and they all seem to sell the debt onto different companies until Saturday. Letter reads... we have today served you a summons upon you by recorded delivery post. Should you not dispute the debt then you are now liable to pay sum shown below which includes judicial Expenses and interesticon. To avoid decree passing against you please return slip below with your remittance. .... finally we refer you to the court document now served upon you which details your rights to make representations to the court and if appropriate to pay the debt by installments. I have no idea who the original debt is with as it doesnt state on the letter and not sure where to go from here
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Received a letter on Saturday from the above people on behalf of Lowell. In 2009 i asked all creditors for a signed copy of cca and none were able to supply me with it so accounts were put into dispute. Never heard much more and they all seem to sell the debt onto different companies until Saturday. Letter reads... we have today served you a summons upon you by recorded delivery post. Should you not dispute the debt then you are now liable to pay sum shown below which includes judicial Expenses and interest. To avoid decree passing against you please return slip below with your remittance. ....finally we refer you to the court document now served upon you which details your rights to make representations to the court and if appropriate to pay the debt by installments. I have no idea who the original debt is with as it doesnt state on the letter and not sure where to go from here
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My husband lost his job last April and the Clydesdale Bank took him to the local sheriffs court regarding his credit card....he had offered them £50 per month and they rejected it, anyway to cut a long story short the judge found in favour of the C-Bank and a decree was issued against him and he was ordered to pay £75 on the 1st of every month, it was always paid early on the 27th/28th of the previous month, however this month he phoned up today to pay it and he was told that they had sold the debt on, because he had broken the agreement and was late 2 times???? I was only late this month and by 1 day, and they have sold the debt on??? Am i thick.... im just not getting it, what would be their motives to sell the debt to someone else when they had a decree against my husband??? hariboh x
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tsb disputing account in dispute!!
hariboh replied to hariboh's topic in Dealing with Debt in Scotland
Hopefully this works x -
tsb disputing account in dispute!!
hariboh replied to hariboh's topic in Dealing with Debt in Scotland
Yes i still have it in my file x -
tsb disputing account in dispute!!
hariboh replied to hariboh's topic in Dealing with Debt in Scotland
Yes the last default notice I received was dated 15th April 2009. x
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