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Posts posted by lochlisa

  1. Did you ever receive a Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 ?


    On an overdraft the Cause of Action for Statute Barring is normally the date on which they formally call it in and demand full payment.


    To be honest, I have absolutely no idea - is there a way of checking if these were served?

  2. Current account taken out in June 2007 with O/D facility.


    Papers dated 5 Feb.


    Particulars : The claimants claim is for the sum of £643.27 being monies due from the defendant to the claimant under a current accounts agreement regulated by CCA 1974 by the defendant and Barclays bank plc. under account ref 1234567890 and assigned to the claimant on 09/07/13. The defendant failed to maintain the contractual payment under the terms of agreement and a default notice has been served and not complied with.




  3. Okay, My current account was in credit, my credit card was in credit (due to a refund) and my loan account was behind.


    So, they combined and offset the loan account balance with the credit card credit balance, and my current account credit balance.


    The unsecured loan paperwork I have, and it looks ok.


    It seems that the best thing to do is lie low and keep paying the £1 per month - yes?



  4. Hi guys, me again, still hanging on and still paying MCS a £1 per month.


    I can confirm that they have lumped all my accounts (credit card, unsecured loan and current account) into one for repayment purposes and classed it as an unsecured loan on my credit file.


    Now, am I not right in thinking that an unsecured loan is just that, not secured on anything? So, can they really go for a charging order on a property with no equity?


    I am going to be paying this £1 per month for the next 8000 months. Should I just sit back and let it happen at £1 per month?





  5. hi all, I defaulted on First Direct Loan and a FD credit card because of ill health.


    FD have lumped both debts together and sent to HSBC in-house collection people MCS who are now demanding payment.


    This is not acceptable, is it? How can they be allowed to consolidate into one account?


    I have an incurable life threatening illness - what can I do about this please?


    thank you



  6. first of all, don't panic!!


    I bet it is because you house share and they are suspicious that you are actually 'living together'.


    If you have done nothing wrong then there is nothing to be worried about.


    Let us know how it goes but please do not panic and take someone with you if you want for moral support.

  7. hi all,



    Amex have confirmed that they do not hold an original card agreement but they have assigned the debt to Moorcroft who, they say, have every right to chase the debt despite it being in dispute.


    Am I correct that without the original agreement there is little chance of a court case and can I just ignore Moorcroft and tell them to get lost?


    They are constantly phoning and writing, despite being instructed only to conduct communication in writing.


    What exactly should I do?


    thanks, Lisa

  8. ok, me again, sorry about duplicate thread starting.


    Aktiv are not accepting the unlawful rescinding despite it being glaringly obvious on the dates that things happened.


    This debt is only 3 yrs old and no payment has been made for 3 yrs. Then it was sold to Varde who purchased it during the Default Period and hence it became unlawfully rescinded. Varde were lettered to that affect and now 2 years later Aktiv are on the case as I assume Varde gave up and sold it on?

  9. hi there, had an MBNA debt sold on to various DCA's who were told that the agreement had been unlawfully rescinded as it had been sold many days before the end of the default notice period.


    Been passed around for over 2 years now and is Aktiv have now lettered me to advise they have purchased the outstanding balance from the last DCA.


    Now, do I simply send them the unlawfully rescinded letter, please go away (like I did to the last lot and they eventually sold it on after 18 months) or do I sit back and do nothing until they start court proceedings?





  10. Original creditor have confirmed that they do not hold any documentation that makes my alleged debt with them enforceable.


    However, DCA after DCA, and the odd solicitor, keep writing to me demanding payment.


    Is this against any OFT official policy or guideline or do I just have to keep up the merry go round of letters telling them to go away?


    thanks, Lisa

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