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patterns

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Everything posted by patterns

  1. yes i absolutely know that now! ive actually got my own thread going on this, if its ok can i pm you when i get a response? thanks for your fast reply
  2. what about if you may have admitted it on the phone? im not sure but its possible as i was in communication with them verbally until i found this site and took the advice. well i didnt actually say 'hi i owe this' i more discussed settlement options on the phone, so in theory my request for CCA was that i would like to be sure i actually owe you any money before i continue discussions. thats ok right?
  3. hi guys, im going through a similar experience and ive posted my own thread, just wanted to ask: 1 - how come the CCA they sent is not valid? 2 - although the original agreement signed 2001 so SB, what about the credit file showing payments made via DD after that date within a 6 year window? thanks
  4. a fantastic WOW! im dealing with these losers right now, sent my CCA and waiting for a response. no SD delivered as of yet. i was not there
  5. inspiring Santos! if any of you useful helpers have time please feel free to help me also! i have posted a thread il be using this as reference!
  6. hi barbara, i know we've been following each others posts, ive been doing some research and thought these might help, i cant post links as im new, but if you look for a ' 'Getting Statutory Demand Set Aside' post on here you might find alot of answers
  7. Plus another letter, this time, send recorded: " Claim:XXXX XXX VS YYY Dear Mr X, Please find enclosed a recent copy of a court order made against both parties to this action. i request you send me a copy of your proposed directions, so that we can agree them if possible. Yours Sincerly, XXX.
  8. Next step, send guaranteed delivery (NOT recorded): Claim:XXXX XXX VS YYY Dear XXX, I have received the Statutory Demand sent by your Company or client. To enable me to file a defence I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil procedure Rules, the information and documents detailed below. The information must be furnished by DATE, which gives you 14 days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account. b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard. d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money. i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 3. Any other documents you seek to rely on in court. 4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006. 5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into. I will require this information within the next 14 days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence on this serious matter. Yours Sincerly, XXX.
  9. additionally should i SAC and or CCA to HSBC also? eagerly waiting until tomorrow to call royal mail to see if the CCA letters were delivered, take note of the date and start counting 12+2 days! ive read on here some people have actually received copies of CCA back, although their legitimacy is questioned. if i do get one back il certainly post it up. God its going to be a restless 2 weeks! Just wondering what if they proceed without sending an SD pretending they did? ive heard this to happen i meant should i also request a SAR with HSBC in the meantime?
  10. request your CCA in the first instance, and then wait for the reply or the SD to be delivered. then update us as you get on. Im just following the advice people posted on here really. yes i did my own DMP - well i negotiated with each lender individually, they all sent me financial statements to fill in, except lowell ofcourse. CALL national debt helpline (0808 808 4000) barbara, i strongly suggest started your own thread so you can get the specfici answers you need, people here are great, and lowell are notorious! do a google search If you are comfortable posting all the specific details of your case, why not start your own thread and list everything there and people will assist im sure. if you dont want to do that (confidentiality - i understand) just monitor here, il keep everyone updated daily if possible. im now waiting for responses/advice to my above questions and the response to CCA or IF they manage to deliver the SD - then i might start to panic. in any instance as i mentioned above im semi-waiting on a settlement offer fromt hem anyway. Dont hide form them id say, dont open the door though! and keep in communication (worded carefully as per advice here) good luck
  11. Hi guys, some more info for you... i last made contact with HSBC in sept of 2007. i said i can pay £70 p/m until i found a job, no reply on several attempts - all sent recorded! i do remember when i defaulted, although not responding to my letters requesting some sort of temporary debt management plan, despite speaking with relevant help bodies they never responded and simply sent me a copy of my CCA for the loan only. That was HSBC not Lowell. i kept a copy of everything. Credit card agreement was actually taken out in 2000 and loan in 2004 Ive sent (yesterday) 2 letters requesting CCA one for credit card, one for loan. recorded with £1 postal orders. So IF Lowell do have CCA and its not signed (apparently they try this one now), does that make a difference? So in any instance i should wait for a reply form them first as you have all mentioned. i will still also wait to see what type of offer they make me - the way i played it was i said 'i have always paid moneies ive owed and happy to always work out any debts i may have but before we do that i would need a copy of the CCA to acknowledge i owe this debt' i then sent the letter as per worded here im just curious though, what if they do not respond to my letter within 12 days? what do i do? and should they have the CCA then what? I heard they should serve CCJ first, ive checked my credit file and Lowell only have me down as 1 default month, no CCJ. Apparently this is frowned on in court as they should serve a CCJ and then give you the opportunity to come to some sort of arrange. in this case what should i do. im also aware they often serve an SD and go to court without informing you, any way i can prepare for this too? i know i should first wait for the CCA or relevant response im just trying to pre-empt things Also can i ask what it the criteria for a Statute barred? i know its 6years but who is this looked at? on my credit file it shows the monthly credit updates and then defaults upto 2008, does this have anything to do with it? Thanks a bunch, once again
  12. appreciate your words, i understand B isnt so bad anymore. but i cant do it, no chance, id rather they set up a payment plan as they porposed and put a charge on my property. ive just spent the last 4 years re-building my life and creit due to all the defaults and i cant linger another 6. plus i have a good job now and a daughter. Im not going bankrupt, il find a way to settle with them im sure its just i want to know my options and if they bought this debt for £2 then why the hell should i be paying them £15k. but push comes to shove i will find a way
  13. Much appreciated Scott! I appreciate that. Again apologies as the duplicate posts were due to my pc freezing so I kept refreshing. I'm a genuine user I can assure you. All the best and have a great weekend!
  14. Sorry for bad typo I'm posting from my iPhone I shall try to edit.
  15. Hi guys Thanks for all the replies, seems I came to a good place. Apologies for the multi posting something was up with my pc. And bailiff I'm NOT running away from the debt at all! Please read my post, I have infact settled with every lender I owed money to! In life people make mistakes and we an only but try our best to make amends. If you have nothing positive to offer here please refrain from posting I am genuinely seeking advice which I don't think is wrong. Guys thank you for all your help; ok so.. The last time I paid anyhing is sept 2007 when I wrote to HSBC. since then no contact at all. Suddenly Lowell gets in touch. Yes there is a default on my file from boh Lowell and HSBC. I today sent a demand for CCA with £1 postal order. They are to get back to me in regards to a monthy payment figure I can afford to pay with a cahrge on my property. Which honestly if reasonable and affordable I don't mind! I just want to know where I stand ona few of the following: - if they ignore my request for CCA what can I do I heard they can still proceed with bankruptcy? - no card or letter was left at te property. I think theybhave yet to determine whether I live there or not yet. - if the notice is served, how can I suspend or do I have any options? They have told me I don't and that the court will say yes or no to agreeing my bankruptcy, I can't make an offer in court at all tk lay monthly? - any advice welcomed. P.s my property has very little (£3/5k) equity if that. I calle national debt helpline today and they gave me some advice - - possible IVA? I anyone can assist I'm all ears guys!!! In the first instance I've requested my CCA today, let's see if they reply to that. I really look forward tk further advice, you guys have been great
  16. Hi all, Im new here and hope you can help. Few years back i fell into a pickle and well got in a lot of debts, managed to pay them all off now by settling. However i still owe a £14k loan and £7k credit card with HSBC taken out in 2004/5. I wrote to all my debtors when i became unemployed and told them of my predicament and i would pay monthly or my dad was willing to help me settle. HSBC never responded. couple years actually passed now and honestly i had actually forgotten about it! suddenly i started getting letters again from 'Lowell group'. i called them told them i could settle, they only offered 10% off the full amount, said i couldnt and that im happy to pay say £50 a month until we get to a better solution. they refused. Suddenly i had a ring at the intercom buzzer in my block of flats saying "i am an officer of the court let me in" i refused and said he is not here. i do own the property, thats how they found me. i called them today and wanted to discuss what happened. they dont know i actually still live there (i know i was scared and lied, it happened). i said i am not running away form them and happy to try and work things out. He said he is the litigation dept and the person that came to the door (who he wouldn't clarify IF he actually was a baillif or just a debt collector) was trying to serve me with papers to file bankruptcy against me as i have a beneficial interest in the property. i didnt respond. he then said if you are not living there and are not willing to give us a correspondence address then we will be able to go to court and ask them for the right to be able to just post it to you seeing as you have a beneficial interest in the property. He also said once the papers are served i will have 21 days to respond if not they will go in front of a judge and it will be a simple decision of yes or no to filing me bankrupt, i wont have any say or be able to make an agreement with the courts. We talked some more and he said if i can raise £10k he'll settle, or if i can raise £2k upfront then £160 p/m and i sign a voluntary declaration to put a charge on my property he'll stop these proceedings. this was all roday and honestly ive learnt alot over the years about dealing with debt collectors but these guys are good and have intimidated me. I would like to ask if you guys know where i stand with all this? i really DO NOT want to be made bankrupt. are they bluffing though? can they do this? really its that simple, im just stuck? Maybe i should just agree to one of these options and see if my dads will re-mortgage and help me out. Your advice would be greatly appreciated and eagerly anticipated. HH
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