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  1. I'm being pestered by the Lloyds Mortgage department to prove how I will repay my Interest Only mortgage in 5 years' time. There is nothing in the original agreement which says I have to provide proof during the currency of the agreement ( I am aware that nowadays they want the proof before even giving an interest only mortgage but that certainly wasn't the case 10 years ago ) Any thoughts on the legal position ?
  2. Actually one advantage of sending them a letter saying it's statute barred and you don't intend to pay is that most of them ( in fairness, in my experience ) will then confirm that they are stopping any further requests for payment as the FCA CONC rules require this.
  3. Noddle seem to list normal long term loans under "Short Term" on the basis that the lender provides daily information under a new system called MODA. Is that legitimate ?
  4. The new rules will hit Bailiffs hard with their exorbitant card charges .
  5. The problem here is that the OP paid £ 1 for several years towards the debt. Blueboy how did you find out that they had paid it towards the balance ?
  6. Remember the important cases which make it clear that mentioning an account in correspondence ( eg a section 77/78 request ) while at the same time not admitting the debt does not count as acknowledgement : Good v Parry, Surrendra Overseas v Shri Lanka, Re Flynn .
  7. I've had this as well - how does it actually work in terms of what the purchaser paid for the debt - do they get their money back ?
  8. If they send you a reconstruction ( and they would use that in court with a witness claiming it was the correct agreement at the time ) then you will need to find some evidence in the T&Cs which shows it can't be your card ( eg look out for special interest rates for Premier Football tickets ). By the way I found out from a Barclays SAR that they told MKDP that a debt is s78 unenforceable at the point of sale.
  9. Could have been an unpaid cheque which was guaranteed by a card which the bank had cancelled
  10. Arrow have a habit of passing debts around various DCAs. I suspect they can't get the CCA especially if it was Egg pre Barclays. You can ignore their letters .
  11. I just looked at an old Citicard agreement - this states that if the cardholder ends the agreement ( which Wandsworth did with his 5th Nov letter ) then the full balance is payable immediately. No default notice is required in such a case. However the Barclays agreement I have simply says "the agreement continues until all amounts you owe have been paid "
  12. It starts from the last payment date if an account is already in arrears. If up to 9 October the account was fine then the cause of action ( leaving aside the DN problem for the moment ) was the first missed payment date, presumably some time in November. Also you acknowledged the debt in a letter ( 5th Nov ? ) when informing Barclays that you were using a Debt Management Company to clear your debt.
  13. I suspect most agreements that people are dealing with have not ended. Barclaycard say in their terms and conditions that the agreement continues until the full balance is paid off.
  14. Yes indeed, but if they have no agreement especially if asked for under s78, then it's unenforceable and I am sure the defence could be amended on that point if necessary, this is highly technical though
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