inacorner
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Aged , CCJs and retirement
inacorner replied to inacorner's topic in Debt management and Debt self-help
Following a relationship breakdown around 12 years ago I was left with a lot of debt some of which resulted in ccjs Up until last year I've been doing my best to reduce these some have been paid off, some just haven't been paid at all for various reasons I disputed a few and as the collection agencies couldn't provide the paperwork they couldn't enforce the debts. However as I'm not working and my income is significantly less than when all the repayment agreements were drawn up I'm struggling to pay. Obviously no interest is being added but some of the debts including the ccjs will continue for decades and will in reality never be paid off. Whilst I don't want all the upset and stress that this caused I'm unsure what to do and do feel that I need to cancel some of the repayments. What is the likelihood of this causing further action against me, especially the ccjs if I stop paying I'm not sure I can go through it all again especially as I've been in a new relationship for some time so don't want loads of letters arriving chasing me for a few pounds a month. Any advice is appreciated -
Ok so what exactly do I say? Bcard say theyve complied with the cca though recognizing what theyve provided isnt enforceable and that's their final word. What exactly is this 82(1) element. Cheers
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Should a recone contain my signature? Given they admit that they don't comply with 82(1) what should I say in my reply? I take it I don't offer any further payment. In their letter they refer to a number of court cases about what doesn't constitute enforcement and also something about unfair relationship which I claimed in court they'd deny I assume all this is to scare me into paying
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an earlier post suggested that reconstituted agreements aren't ok if debt older than 7 years is this true
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Earlier this year I think to moorcroft they were pushing for more and were hounding me so I did cca.
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ok alls been quiet for a while until I was contacted by Robinson Way - I sent them the Moorcroft letter saying they couldnt provide the CCA now have been sent a reconstituted agreement no signature and a front sheet with cancellation notice in a box details to be sent and my address on top corner. rest is the credit agreement. Letter from barclaycard says cant comply with terms as varied under 82(1) of act but bascially they can still take actions which arent enforcement. Robinsons asking for repayment proposals in 14 days WHat should I do edit this debt is more tthan 7 years old so is a reconstituted agreement acceptable
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According to them they are only collection agents so will resend request via them with PO to Llyods TSB. Doe the clock start again for them to reply as if not they are way past the 12 +2 days. Will the PO redo the PO in their name if I return the other one?
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I've sent a CCA request to Wescott who have returned it together with the PO saying I should send it to Llyods direct with a PO made out to them not Wescott or I can send back to them and that they will forward. In the letter they have said they still want me to arrange a payment or proposals to repay within the next 28 days irrespective of the CCA Can they insist on this and how should I reply. thanks
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No whats that ?
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theyve written saying theyll send someone round if I dont start paying again what should I do - I did write back an acknowledge letteer
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Are they still allowed to continue to chase the debt
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Thanks guys good to hear... They did say they were ...sorry to inform me... I bet they were They also asked for immediate settlement or proposals to repay I wiil respond acknowledging their cnfirmation For the record this was a former egg account
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I sent of a CCA request which they saiid they'd refer to Barclays the original lender and have now said its not available. They say that the debt remains payable and want my proposals and that they will continue to report to debt collection agencies and that whilst the law says that whilst there is no formal agreement that this isnt to say there was no agreement and I am expected to pay. Are they just trying it on or can they take more action. Should I reply and if so with what cheers
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Contact is a Mr Watson - would I not be better sending the account in dispute letter to cover myself - deadline for reply is Wed 6th Who are these guys? - I don't know the name.
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All been quiet since previous correspondence from RMA then out of the blue yesterday I got a WARNING on a yellow card (enclosed in an envelope) from Allied International Credit(UK) Ltd of Basingstoke stating their client (RBS) has informed them that under their T&Cs as Formal Demand made payment of full o/s balance must be paid immediately. Then a tel no to ring to discuss my account. Do I ignore or send the letters as I did with RMA stating account is in dispute, I obviously wont be ringing them. cheers
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old Barclaycard debt - HFO Services & a charging order
inacorner replied to inacorner's topic in Barclaycard
Something I forgot to mention yesterday - In the 'new' Bcard letter (the one no-one including the judge had seen until yesterday) the date of sale to HFCO was about a week different to the date of sale claimed in Mr Ha Ha Ha WS statement (which was the same date as my Bcard letter which had Rox not HFOC as purchaser), you'd think they'd at least be able to get this right. Singing from the same Hymn sheet comes to mind...all together now Sha - la- la - la - la - la - la Sha - la- la - la - la - la - la -
old Barclaycard debt - HFO Services & a charging order
inacorner replied to inacorner's topic in Barclaycard
BA - Yes especially the cpmany details, registered numnbers and name changes, from what I gather something about making allocations ? going back to where the case was before orignal judegement was given so guess I get chance to defend from scratch DB - Yes the judge wasnt impressed that the 'new' Bcard letter hadnt been included in either mine nor the court bundles stating theyd obvioulsy seen mine before producing this one SG - there was a cost application but the Judge threw this out -
old Barclaycard debt - HFO Services & a charging order
inacorner replied to inacorner's topic in Barclaycard
Judge today set aside the original order and discharged the charging order basically on the grounds that the original decision was unsound given the confusion over who had been assigned the debt - even Bcard didnt seem to know You could say I am a bit pleased and relieved too Many many thanks to everyone on here and off who have supported me, offered advice and provided direct help in preparing for the hearings and pulling my WS together without this help then I wouldn't have even been brave enough to go down this route never mind get to a stage where I could win. Sounds good that doesn't it ......... did I say I WON Now will they discontinue or not - hmmmm have a great Christmas everyone -
old Barclaycard debt - HFO Services & a charging order
inacorner replied to inacorner's topic in Barclaycard
By way of an update as its a while since I posted anything Just when I thought they wouldn't reply to the last order unbelievably our friends managed to respond to the order albeit out of time. In my view they have neither fully responded to the order, simply sought to confuse matters and have actually shot themselves in the foot trying to comply with the order and cover their tracks. I'm considering my next move and hopfeully will soon be posting up some additional information for your comments. Must admit I'm finding all this HFO Services , Capital (NI and Cayman) and Roxburghe somewhat confusing and I'm sure that they play on this, perhaps our percieved ignorance with a hope to getting away with it, even trying to confuse the courts in the process. Thankfully there are some people out there who know the truth and hopefully I can see this through and ensure justice is done. thanks to all for your continued support on this -
old Barclaycard debt - HFO Services & a charging order
inacorner replied to inacorner's topic in Barclaycard
so a reply would be shooting themselves in the foot so to speak or even in a corner guess the sensible thing for them would be to just drop the whole thing rather than drop themselves in the proverbial - I wonder how the courts would react to knowing they've deliberately tried to pull the wool over their eyes? -
old Barclaycard debt - HFO Services & a charging order
inacorner replied to inacorner's topic in Barclaycard
surely they wouldn't do that would they ? and if they did there would be serious implications for them when they are found out -
old Barclaycard debt - HFO Services & a charging order
inacorner replied to inacorner's topic in Barclaycard
OK got a copy of the order today basically giving them to 27th October to reply providing a statement dealing with my letter from B'card identifying what if any relationship exisited or exists between HFO Services and Roxburghe and a copy of the agreement in relation to the sale of my account to HFOC Ltd as they claim in their WS in response to my set aside application -
Thought as much, dispute notice sent recorded today
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So I guess I done make any repayment offers just yet?
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Deadline was up today and lo and behold in post comes a letter from Cabot, I've got my dispute letter ready to go tomorrow but should I send it - I think I should Their letter states that the information has been requested from original lender but theres a delay as they are trying to get it from their archives, but no timescale given. They acknowledge not suppling info in required timescale but advise the debt is still legally due, they can report to the credit reference agency and recommend that I set up repayment plan with them and to call them. I think I go ahead and send dispute letter which then stops them processing data and cant legally chase but am I right Would appreciate swift replies as I like to get dispute letter out tomorrow if still appropriate to do so thanks again
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