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irate-wife

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Everything posted by irate-wife

  1. hi huggy41, I just dont want to go through letters keep coming through my door, I have had a lot to deal with since my divorce 15 years ago and have just had one debt SB'd with the help of CAG. So basically, I should just ignore them?
  2. Hi, I have recieved 2 letters from this company, 1st one was a letter addressed to me asking me to contact themand give a reference number, but after looking on here I chose to ignore it due to me thinking it was a debt that was statute barred. However today 6th september, I recieved another one but it is a different debt I owe a credit card company. They say in this one they are acting for Cabot assigned from MBNA. This debt has to be at least 10 years old, I have not acknowledged it in any way or form and as far as i am aware I do not have a ccj against it. My credit rating is fine and its not on there. If I can recall I had this card when I was still married to my ex and that was approx 15 years ago but to be on the safe side I will say 10 years. They say in this letter I need to contact them immediatley to discuss payments and depending on my financial circumstances they may even reduce the amount I owe. After reading peoples dealings with this company I am not going to contact them. However if its statute barred do I need to be sending them a letter telling them this. Any help would be much appreciated. Thanks in advance.
  3. Hi friends, need a bit advice with regards to being chased for credit card by ruthbridge and dont know where to start new thread. Any help would be much appreciated. x
  4. Hi Friends on CAG. Just an update as to where I am at with this whole mess I got into through no fault of my own. Whilst in the process of my husband leaving me with 3 small children for another woman, I had to have my house reposessed. I did not hide in any way from my debts and managed to pay approx £30.000 off over the past 13 years. Whilst I was married we had accumilated around £55.000 in debt in cluding the mortgage. I struggled along not knowing where I was gonna get my next meal from, but with friends and family I always seemed to manage. I was in reciept of £165 per week, not much to bring 3 children up, but I did it. And I may aswell add that I am proud of all my kids as they have all turned out to be fine men with good jobs. I thought my life was starting to get back to normality, my kids had all flown the nest, I got a new job, started saving £10 month out my wages when out of the blue my world came tumbling down last year. Out of the blue I recieved a phone call from a bunch of low life **** bag Hermit Crabs who are probably grotesquely overweight sitting bullying people and obviously bullied as kids, demanding I owe them quite a substantial amount of money from a mortgage 11 years previous. I was mortified. As I have already stated I have always paid what I have owed, but Decided to seek help. National Debt Helpline told me it was statute barred as lots of others told me the same. To cut a long story short, these low life **** bag hermit crabs would not have it. As stated in a letter I recieved last year (posted on here on page 15) They informed me it wasnt statute barred until 30th June 2011. Well folks, its now 5th July 2011. I am the most happiest person on this planet. If it had not been for you lot on here only God knows what I could of done. To be honest after all the heart ache and pain I suffered back then and to have this land on me, I can honestly say if you lot had not of been there I probably wouldnt of either. I would like to say a GREAT BIG THANK YOU TO YOU ALL ESPECIALLY PRIORITY ONE AND SPAMHEED. Without your help I would never have gotten through this. You are the rock that keeps all these Hermit crabs where they belong, well below you. I cannot thank you enough. You all do an absolutley tremendous job on here, devoting your time helping people who dont know where to turn like me. There are no words I know of that can describe the way I feel about you all. You have been my tower of strengh. And I love you all for it. And Spamheed, if I knew where you lived I would of called in and given you a great big kiss and cuddle. Well, that just about sums things up for me. I will try to look on here as much as I can. Pay Day 25th, I look forward to making a donation to you all. Keep up the excellent work. Hopefully I wont need you again, and maybe some people could get a bit of help reading my thread and get a bit of hope too. Like I said, THANK YOU VERY MUCH FROM THE BOTTOM OF MY HEART. I LOVE YOU ALL. XXXXXXXXXXXXXXXXXXXXX
  5. Hi people, dont know if p1, spamheed etc are still looking at this thread. But, just in case you are, I have been lying low for a while. Only 12 more days and I can be the happiest person on this land. And its all down to you. will post on 1st July. X
  6. Hi friends, Just to let you know I have this morning recieved a letter from aruk in response to the last letter which P1 kindly helped with. It says "We acknowledge the letter recieved but they have no record on their file of having recieved a formal S.A.R.N request from me. And that in the meantime as our correspondence refers to an unsatisfied debt which you are clearly refusing to address by raising every obstacle in order to avoid its repayment, we can only repeat our request that you seek legal advice about your position". well thats what I recieved this morning. May I inform you ARUK as I know you watch this thread, I have been to the national debt helpline and quite a few others whom you have reccommended on the seperate sheet to some of the letters you sent and may I take this opportunity to inform you they all have said the same, IT IS STATUTE BARRED.
  7. Hi, I have recieved a letter from ARUK asking for my response to lhe letter they recieved marked "complaint". They are also asking for my proposals of what I am going to do to pay this money. I sent letter which P1 wrote on 20th march. It seems to me they havent recieved this, but I have proof in the form of postage. I dont know if i am right here but I think i will just sit back and wait to see if they miraculously find it and reply.
  8. Hi friends. I am now home from my very sad time with my family. Just an update on this issue, I have still recieved no correspondence from the letter I sent 20th March. I was expecting one on my doorstep when i got home. will keep you informed. x
  9. hi, sorry for taking a while to post anything, been away from home for a while family member terminally ill. quick update. Still no response to the letter I sent 20th march. sorry if you think i am ignoring you but i have very serious family problems and have just got home today but only for a couple of hours as i need change of clothing etc. will let you know as soon as i get anything. Please dont forget all of your help is much more than appreciated. x
  10. thanks spamheed, your help and P1's and everyone else helping me is very much appreciated. oh by the way, my kids are taking me out tonight as a mothers day gift, not going to be too far away from you, going to newb club for a drink, maybe you could call in and i buy you a very well deserved drink My shower is calling, see you all later. thanks again. x
  11. Thank you P1 for that, I will leave it until monday before i do it, just in case anything else needs to be added. Not that I doubt your letter its just in case I or any of the others helping think something is missing.
  12. On a letter dated 5th feb 2010 it states i left the property in 1998. i have this letter and all other letters I have recieved from this company on my pc but its showing on thread as very small and unreadable.
  13. On 16th January 2008, in accordance with section 136 of the law property act 1925, you were given formal notice of the legal assignment of the outstanding debt to mortgage trust ltd to our client, Phoenix Recoveries (UK) limited s.a.r.l. I enclose a copy of that letter. On 22nd April 2008 you were sent a letter from our solicitors, Lawsmiths, referring to the outstanding debt and I also enclose a copy of their letter. Never recieved this and nothing enclosed with the letter. On 26th january your account manager phoned your home and spoke to possibly your husband. In reply to this the letter forgets to state the threats made to my husband over the telephone. And she also discussed the account with him and didnt even know who he was. For all she knew she could of had a wrong number and been speaking to my neighbours whom she threatened to contact. Also this has nothing to do with him, its not his debt. Surely this is illegal is it not. you then sent us a letter dated 26th january 2010 alleging the debt was statute barred The national debtline told me it was and to send the letter. Mortgage Transaction History report enclosed with our letter to you on 29th january, is the report recieved by our client from the mortgage trust. this shows all of the transactions credits and debits applied or deducted from the mortgage account both prior to and following the repossession and the outstanding mortgage shortfall balance of £xxxxxxx. This was not enclosed. As we have consistently pointed out to you, including the letter from our solicitors that the outstanding debt is still within limitation until 30th june 2011 I never recieved this.
  14. From aruk I acknowledge our receipt on the 23rd february, of your letter dated 17th February 2010 marked "complaint", which has been passed to me for my attention. I note that you now state "I do not acknowledge any debt to your company or to any company or "client" who you claim to represent". I will deal with your comments as they appear on your letter. On 16th January 2008, in accordance with section 136 of the law property act 1925, you were given formal notice of the legal assignment of the outstanding debt to mortgage trust ltd to our client, Phoenix Recoveries (UK) limited s.a.r.l. I enclose a copy of that letter. On 22nd April 2008 you were sent a letter from our solicitors, Lawsmiths, referring to the outstanding debt and I also enclose a copy of their letter. On 18th january of this year you returned a call to you from your account manager xxxxxxx xxxxxxx and spoke to her. During that conversation you confirmed that you would be taking advice in the matter before agreeing to any payment. You said that the reason why you had never got into negotiations with regard to paying the debt was because the lender had sold the house for peanuts, when it was worth a lot more. On 26th january your account manager phoned your home and spoke to xxxx possibly your husband. you then sent us a letter dated 26th january 2010 alleging the debt was statute barred and suggesting that our client was no longer able to take any court action against you to recover the alleged amount claimed. Although your letter did not dispute the debt you then alleged it was statute barred. I then sent you a letter dated 29th january in reply to your letter whilst clearly setting out that the debt was not statute barred and explained why not. You then sent a letter dated 30th January in response to our letter of the 29th january. We then sent you a letter dated 2nd February 2010 in response to your letter. You then sent us a letter dated the 3rd February 2010 referring to the council of mortgage lenders voluntary policy of the 11th february 2000 and the financial services authority ' The mortgage conduct of busiiness rules@ in 2004. We then sent you a letter dated 5th february 2010 in response to your letter. The Mortgage Transaction History report enclosed with our letter to you on 29th january, is the report recieved by our client from the mortgage trust. this shows all of the transactions credits and debits applied or deducted from the mortgage account both prior to and following the repossession and the outstanding mortgage shortfall balance of £xxxxxxx. We have not, therefore, failed to establish our clients legal right to persue you in respect of the payment of your outstanding liability to our client. We have clearly and at length responded to all of your letters which appear to have been copied from the many websites that are now freely available on the internet. We note that your latest letter of complaint appears to be a copy of a letter on a blog from the consumer action group website. As we have consistently pointed out to you, including the letter from our solicitors that the outstanding debt is still within limitation until 30th june 2011, our client is entitled to issue court proceedings against you, in respect of its recovery. Accordingly, we have not committed any breach, as you now allege, of the consumer protection in the unfair trading regulations 2008 of the office of fair trading guidance on debt collection. We have made no threats to you but have simply been outlining our clients legal right to collect the outstanding debt through court proceedings. You also state that we have been unable to furnish you with requested documentation under your subject access request. We have no record on file of recieving any such S.A.R.N. request from you. Accordingly, please let me have a copy of your formal request that you allege you have sent us. I note you do not wish us to arrange for a representative to visit your home. This is another indication of your desire not to deal with a clear and unsatisfied liability. It seems that you are now intent on raising every obstacle to avoid paying your just liabilities, using standard letters from the internet which do not relate to your circumstances. As already stated, our client has taken a legal assignment of the outstanding debt, together with all of the relevant documentation appertaining to it. Their rights are beyond doubt and the point that you make shows a lack of understanding of your legal position. Your allegation that your agreement to that assignment was required by law is wrong and our client has not breached the datd protection act 1988, in that respect. Your point about section 10 of the act is also wrong. We are entitled to process data by virtue of the provisions of schedule 2 of the act. Many of the points that you make have no basis in law and are just copied from an internet blog. We suggest that you seek legal advice about your position. The practice direction-pre action protocol forming part of the civil procedure rules recommends various sources for advice and we attach a list of organisations that provide advice. They are likely to be more helpful to you than an internet blog and we suggest that it would be helpful for you to consult one of the organisations reffered to. If we do not hear from you with any proposals for settlement or payment proposals within 21 days our client will ask us to refer the matter to solicitors to consider legal action against you.
  15. Please bear with me, I cant get letter up so I am going to type it in, I am not a quick typer so it might take a while.
  16. I got the letters on my pc but when i try to put them up they coming out too small to read :?
  17. Look at it logically. If what this company was saying was true every lowlife DCA would sell on all debts once they had them for 5 yrs 11 months and then another bunch of muppets could claim that they had another 6 years to enforce them until in another 5 yrs 11 months they sold it on again. Total and utter bollocks. The six years start when the debt goes into default which is generally 1 month after the last payment or written acknowledgement You really need to report these losers to ALL the regulatory bodies and your MP. They are not fit to hold a TV licence let alone a Consumer Credit Licence. Hi ODC, It is 12 years for a mortgage before it becomes statute barred. There are a few things I have noticed on my letters recieved which do not correspond. ie dates on one letter i got dont match dates on other letters. They say its not statute barred until May 2011 on one letter, then on another it says June 2011. Then on my most recent one it says I left the property in 1998. well if i left the property in 1998 that will be when the last payment was made as I was in reciept of benefits. Can anyone tell me about this cos I have just remembered that when my husband and I split up I was on benefits and was getting the interest paid by DHSS. they wouldnt pay mortgage, only interest. That was for 6 months as they told me that they would only pay it for that length of time. Then my children and I moved out into a friends house until we got sorted with somewhere to live. If it was 1998 surely it is just about statute barred. They say in there letter i moved out in 1998 but no date. They also say they sent me mortgage history etc, THEY DID NOT. They also say they sent solicitor letters dated april 2008, THEY DID NOT. They also say they have enclosed this letter but THEY HAVE NOT.
  18. Thanks for that spamheed. I cant afford legal advise as my wage exceeds the amount for legal aid by a few measley pounds and I am just managing to make ends meet, and as far as I am aware I can use any means I desire to get my information from.
  19. Anyone know if you can claim credit card charges as I have 2 and my huband says I can claim them back. I know its got nothing to do with this thread but if you can point me in right direction it would be much appreciated.
  20. Hi FS I got til may next year for it to be SB. I been watching your thread also. I wish you all the best luck in the world and thank for your kind words. I am just hoping they dont continue with this as it had me really worn down at first, I am just glad I happened to come accross this site or I might of been tempted to pay this. Everyone on here helping me are Royal Gems.
  21. Hi friends, just a quick update. 14 days have now past since my letter of complaint was recieved by ARUK and no response whatsoever from them. Also the response to the subjust access request has not been met in the timelimit. I suppose I will just have to sit and wait til their next correspondence arrives.
  22. Hi there my friends, Just to let you know I havent forgotten about you all and a quick update as to whats happening, I sent the letter of complaint to aruk and apparantly they recieved this on 23rd feb, still had no reply to it as of yet. i honestly thought something would of came on saturday as thats the normal day for me recieving letters from them. Well thats all to report for now. Just keeping fingers and toes crossed they come back with a good result.
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