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dorabellaboo

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dorabellaboo last won the day on March 9 2014

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About dorabellaboo

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  1. This is an interesting one.... I have an outstanding default from MMF (now lantern – ROFL) for a payday loan last paid in feb 2012 (the loan was paid 10 fold over this was the point i said no more). The default was registered in May so its just due to be dropped off my credit file and statute barred, so I thought it prudent to down load a copy to keep on file. To be honest I haven’t really paid much attention to this one as i had bigger dragons to slay but on printing out the report I have noticed a discrepancy in the reporting with a payment of £1 showing , then disappearing, then showing in Jan , feb and march 2016 J F M A M J J A S O N D 2016 138 139 138 :-x138 138 138 138 138 138 138 138 138 2015 139 139 139 139 139 139 139 139 139 139 139 I have learnt a lot of lessons along the way so I am a meticulous record keeper at NO POINT Have I contacted them about this debt, put in a cca request or made any payments. This is blatant false reporting and also means at first glance that i have paid towards the debt, thereby acknowledging it which means it is not statute barred. I know I should let sleeping dogs lie as they have yet to action this but part of me wants to take action as it is just WRONG - is there anything I can do such as reporting them to the ICO. They are bottom feeders and use tricks like this to make so many peoples lives so miserable - i want to fight back.
  2. that is very useful to know - thank you right onwards and upwards with the FOS thank you for your help
  3. Thanks so much for taking the time to reply, it is very much appreciated:-) just to clarify a default was never entered at any CRA for this debt but i did receive a notice of default. I think they are referring to a QQ loan originally taken out in jan 12 which i continually rolled forward last payment was made in March 12, but the idiots have sent me the Credit agreement for a previous loan so i am waiting for a bank statement to prove that it was paid but i am guessing they will catch up!! The last correspondence with QQ was in July 2012 when i tried to set up a payment plan - so that would, i guess, be the date from which the statute barred clock starts as the debt was acknowledge in writing - albeit email is it worth going to the FOS for irresponsible lending and should i challenge QQ for the knock back as the last loan WAS taken out with in the 6 year period? MMF have agreed to put my account on hold for 30 days like i said i paid the loan back and well over £3k in interest - i really dont want to pay those cockroaches any more (sorry if i have offended any cockroaches)
  4. Dear all I wonder if you can help? Last week I received a letter from our friends at MMF chasing a quick quid loan and threatening a CCJ. This made me take my head out of the sand and decide to do something – but I fear I might be too late I had 15 loans from QQ from December 2010 to the last one in (which was an extension of an existing loan taken out in Dec 2011) in March 2012, which I didn’t pay to break the cycle. I have paid over £3k in interest. I took a loan out every month which was an increase or an extension. At the time they lent to me, whilst I was on a good salary, due to mental health issues I was in total financial disarray. I was on a DMP with debts of approx. £38k, I had 8 defaults and also debts with Wonga (written off) and Payday UK (paid in full). QQ never reported a default to any CRA (although they did send me a default notice y email in june 2012) to be honest with sorting out all the other messes I conveniently forgot about them until MMF kindly got in touch. further to the MMF letter I wrote to QQ to complain about IL and had a standard template reply saying its past 6 years so we don’t have to do anything go to the FOS. I also wrote to MMF informing them I didn’t acknowledge the debt, that the account was in dispute and asking for the loan agreement. They have agreed to put the account on hold for 30 days. So my questions are 1) is it worth going to the FOS after all this time? I have evidence of my financial state at the time as kept a couple of old Credit reports, I could get bank statements (not sure if they will help my case due to my salary and borrowing) but cant do this until pay day, 2) have I now acknowledged the debt by putting the claim in thus resetting the clock 3) as I paid to extend the loan in march 2012 does this count as a new loan (asking as this would be under the 6 year mark?) 4) would it be worth just offering MMF a low FFS figure I really do want to avoid a CCJ or default or do they have to wait for the FOS complaint I have worked so hard for the last 10 years to pull myself out of this mess and am nearly at the finishing line , I really don’t want to give up without a fight. TBH i dont want any cash back just acknowledgement that the last loan is unenforceable
  5. Hi thanks for taking the time to reply - it is very much appreciated sorry I wasn't clear in my first post. The request was further to a pre action letter as per Practice Direction Pre-Action Conduct i requested sight of the documents they intended to rely on in court namely · The Default Notice; · The Termination Notice; · The Notice of Assignment; · Statements of account; I am aware that it is a rolling credit agreement and that s.77-79 of the Consumer Credit Act 1974 doesnt apply nor CPR at this stage as they havent taken action. Their response has only included statement of accout for 1 year 2005 -2006, the letter states they can not provide the termination of account/default notice or the notice of assignment (i happen to have a copy of the termination letter on file). there is no further mention of legal action or request for payment in the letter. The account no longer shows on my credit report and it has been over 4 years since any payment has been made (the account has been passed from pillar to post and i have not made any payments to Cabot) i am aware that they can still go to court with out any documents and often to - my intention is to try and keep them at bay for as long as possible until statue barred. should I just let sleeping dogs lie thanks again for your time
  6. Hi just a quick question . back in March 2015 Cabot were chasing me for an overdraft defaulted back in 2006 . I requested The original default notice and deed of assignment from Cabot. They have today provided a statement dating back to 2005 up to 2006 but nothing more, they have also confirmed in the letter that there is no deed of assignment and no record of a default notice from the original creditor. No mention of further legal action or request for payment in the correspondence should I be worried? Last payment was made via dmp in February 2012 . Under CPR rules should they provide the default notice and deed of assignment before taking legal action as I have requested them ?
  7. Hi All thanks to the amazing advice given on this forum I was able to successfully defend and win a case against capquest on a HBOS Credit Card:-D my question is as part of their claim they submitted 6 years of cc statements (2006 -2012 when the account was passed to the DCA despite me being in a DMP) which showed charges including default fees (£12) and letter charges (£25) can i now claim these charges back ? many thanks for taking the time to read my post DBB
  8. The debt orginated in 1998, I am on top of what to do thanks to this great forum but I just want to send them a rocket in the post as they are playing silly sausages!! could you perhaps point me in the right direction of where it states that I am within my rights to ask for the CCA with the information i have given them and do not need to provide my D.O.B
  9. sorry yes they are talking rubbish or yes they can ask for the information?
  10. Hi All I wonder if you could clarify something for me. I sent a CCA request to portfolio recovery and they have returned it stating they want in addition to the information i have given them, (reference number, full name, address ) my date of birth which they say they need have to comply with the Data protection act are they talking rubbish? i have never had to do this before? many thanks for your help
  11. low and behold i received a letter from DF on Saturday stating that the have are liaising with the assignor of the debt to get the information and cant at present comply. They state that they expect to have the information from lloyds by 25 April but cant guarantee that they will have a response by that date they end with this paragraph: "we would assure you that our file is currently on hold and that we will not proceed to request judgement against you until you have been allowed no fewer than 14 days to review our replies and to file your response to the claim accordingly" Could i trouble you for more advice as i have a feeling that this is utterly disingenuous: 1) my understanding is that a defence to the claim can only be extended by 28 days - what do i now tell the court? Do i simply tell them that DF have put the file on hold and send them a copy of the letter and therefore it is stayed?? I dont want a judgement by default to be entered. My last date to submit is 22nd March (this could be their cunning plan) 2) OR do i risk go ahead and enter the defence anyway or will this look like i am not being reasonable? my understanding is that they should not begin proceedings with out the necessary paperwork being in place. it clearly states in their LBA that " we will, if necessary, show the court copies of your credit agreement and statements to prove our claim" 3) it is highly probable that they wont have the signed credit agreement as this was taken out in 1997/8 - without this am i right that even if a judgement is eventually entered it cant be enforced? thank you as always
  12. I wonder if you can help again Despite chasing by letter and email drysden fairfax and capquest have failed to comply with my CPR 31.14, section 18 and cca request . I have not even received an acknowledgement . I want to defend on proof as they are unable to supply the documents would you advise that I continue to chase them for an extension or submit an n244. I have until 22nd to submit a defence Many thanks
  13. Hi thanks again for taking time out of your sunday to reply I have sent and email to Drysdenfairfax to request an extension to my claim. I think the only grounds i have for defence is the claiment of proof, The orginal agreement was taken out in 1997/98 and it has been bounced around since 2006 with the last payment through CCCS in 2011. I will let you know if I hear from them, I will wait til wednesday and then call many thanks again
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