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Halibutt

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Halibutt last won the day on March 24 2012

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  1. Worked it out using the spreadsheet thing on CAG and had a friend check my calculations (I'm not great with figures). If they offer anything less than I've calculated, I'll contest it. If they offer more, then I'll accept. Again, many thanks for your help H. x
  2. Already had an admission from them that PPI was charged to the loan. That was through a speculative thing through "The Claims Guys." Thought I'd get someone else to do the footwork before claiming in person - no point in giving them 36% of any claim. I'll be using the letter that I put together using CAG advice which got me a refund of £4,700 from RBS a couple of years ago... Thanks again. H. x
  3. Thanks for your usual succinct reponse DX. Much appreciated. In that case, nothing to lose with a PPI claim, so off to the post office with a letter this afternoon! You're a great help as always. Thanks
  4. Hi, just a quickie... Is a PPI claim construed as an admission of liability on an account? Less than the 6 years for Statute Barred, so would that set a company back chasing? They don't have the original "wet" agreement and so can't (at the moment) take this to court as it was before April 2007. Any advice gratefully received. Thanks H. x
  5. Many thanks DX. I suspected that may be the case. I'll have to check with her to see if it was sold on, though I doubt it. We'll see. I'll report back!
  6. Hi All, Hope you're well and a very Happy New Year! A while ago, I helped a friend with her Santander (old Alliance & Leicester) loan from 1999. She was (and still is) unable to work, through illness. We sent a SAR to Santander, who admitted in writing that they don't have the original loan agreement - as it was before April 2007, then they need it for recovery/court action. The only correspondence from Santander since then has been a yearly statement of account. That was three years ago. She could really do with some funds at the moment to help with her disability issues and some equipment to help her with day-to-day life... My question is, would a PPI claim on the original Alliance and Leicester loan re-set the statute barred clock and/or open a whole new can of worms? I realise that they may say they will off-set the PPI refund against the amount still outstanding on the loan. Many thanks for any advice. Cheers, H. x
  7. Thanks Dx. In that case, SAR to see all the info they already have (however, they're obliged to state if they hold original signed agreement) and when we've had a good look, then a CCA. Many thanks for your continued help. H. x
  8. Thanks guys. SAR already sent and she received an acknowledgement. My thought was that we should wait and see what comes back on the SAR - if they can't or won't confirm that they hold the original (not a copy or reconstruction) of the agreement, then that's it, Idem can do one. However, so that my friend can rest easier, I'm looking at offering maybe 5% of the whole debt as F&F with a guarantee that there will be no onward sale to any other company. We'll see. Your thoughts so far are very much appreciated. Thanks. H. x
  9. Hello all, hope everyone is well! I've been helping a friend with her concerns over an unsecured Lombard Direct loan taken out well before April 2007. She thinks it was 1999. She's been paying token amounts for quite a while now after the debt was passed on to Arden Credit Management - she's the sort that would like to pay but can't (pride, honesty, etc). Arden offered her a settlement (F&F) for exactly 10% of the amount owing, which, being unemployed, she still couldn't afford. The debt has now been returned to Idem who have instructed "Fidelite" to act on their behalf. Now, as the F&F offer from Arden was so comparatively low, I thought that there may well be something wrong with the original agreement. Instead of just a CCA, I paid for the £10 postal order for her to send a SAR, which has now been acknowledged (receipt) but she only sent it last week. Obviously, Idem have the statutory 40 days to adequately and satisfactorily respond. We've sent the standard no phone calls and no doorstep visits letters as well, but she received a letter from Fidelite this morning, threatening doorstepping. Not a problem, I'll make sure she sends a copy of the letter to them as well. The bottom line is that my friend is now disabled and has no real prospect of repaying the loan. I fear for her health if she is hounded by Idem or any DCA they may nominate to "handle" the debt. My main worry for her is that she'll get asked to make repayments that she can't afford (she now works part-time) and I'd say that her ever being able to pay the full amount is a non-starter. So... any advice on her best way to offer a F&F offer to Idem please? Obviously, she'll have to wait until the SAR response is received, but I'd like to be able to reassure her with some kind of plan of action. Many thanks. H. x
  10. Have Lowell bought the account from Cooperative? They have been offloading quite a few lemons onto the more, shall we say, "gullible" DCAs recently due to the bank's own troubles. If your main concern is inability to pay due to hardship, chances are you've probably already paid back more than the amount Lowell bought the debt for. You say this will become statute barred in 30 days. Are you sure about this? No payments or written acknowledgement of the alleged debt in the last 6 years (5 in Scotland)? If so, you could either ignore them for a month or send them a SAR (which doesn't reset the SB clock) and they have 40 days to respond. Although a SAR would cost you a £10 fee, you'd have written evidence of statute barred status or not. Also, old Co-Op credit cards were often sent out with mis-sold PPI so after SB date, you may be able to enquire about refunds - you should see any added PPI listed in the SAR. Hope that helps. H. x
  11. This is the letter I send for people if they're on benefits. If you think it's relevant to your case, just adjust the text accordingly. You can leave out the I&E paragraph if you wish, though only a judge can order that one is filled in. By Royal Mail Recorded Delivery Dear Sir/Madam, Account Ref: 1234567890 With regards to my current “repayment agreement” with you, I am in a position to be able to offer you no more than £1 per calendar month. I own no property, have no savings or appreciable assets and rely on [Job Seekers’ Allowance] as my sole source of income. I quote the Department of Work & Pensions, who state: “You will be paid the sum of £72 per week, which is the legal minimum on which the Government believes you need to live on.” During telephone calls, your staff have erroneously asserted that I am obliged to provide you with a personal statement of income/expenditure in order to put a repayment plan into place. I have been advised that this 'personal' information is just that - personal. However, following the insistence of your staff and their claims that an income/expenditure statement is a requirement regarding this matter, I have obtained a Court orientated Income and Expenditure Form, to which, only a Court and/or Judge can legally have access, and filled in the details required therein. Following the revelations about my financial status that completing this form brought to light, I would like to thank you and your staff for pointing me in the right direction regarding my rights. From this information, it is obvious that I currently have no disposable income whatsoever. It has been suggested that, following discovery of this situation, a County Court Judge would, in all probability, order that I can afford no more that £1 per month to each and all creditors, which of course includes you. Therefore, I would formally request that you freeze any interest and late payment charges as they would not be productive in this case. Also, could you please supply me with the relevant information/documents necessary for me to set up a standing order to continue paying instalments towards the amount owing on the above account at a token rate of £1 per calendar month. Please note that I have no intention of avoiding any legally and fairly claimed payments on the above account, but I firmly believe that my offer of repayment is appropriate, considering my current circumstances. Should these circumstances change, I will, of course, notify you as soon as possible to arrange repayment at a higher monthly amount. Yours faithfully, PRINT NAME DON’T SIGN Hope that helps. H. x
  12. That's fair enough Davyly. I would say that regarding the original query, the OP is quite ok to write (not phone) the OC and make it very plain what he feels the siatuation is. There's no harm in being firm, and certainly no harm in making a threat of small claims action - especially as this is a case of mistaken identity and as a result, harassment and trashing of what (it would seem) had been a perfectly good credit reference file. Just need to stick to facts and be prepared to follow through with any 'threats' made. If done correctly, the DCAs (in my experience) really do back down. As in many cases, with "phishing trips" they need to be told exactly where you/they stand. As previously stated, the onus is on them to prove any indebtedness beyond any doubt. Anyway, best of luck from me too Stockport, and if you do need any further help, please do ask. H. x
  13. Guys, Brigadier has been immensely helpful to many people on here, me included. It's thanks to his (and others) advice that I've won quite a few cases, had claims dropped and compensation payments made. It's hot, Brig (and I) are getting on a bit, cut us some slack, eh lads?
  14. Can't remember where I found the figure, but it was a CAG link to the judgement in full and an article in one of the industry online magazines. It worked, anyway, but yes, I take your point about being solid on the facts...
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