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Everything posted by jackthepippa

  1. Yes they changed the original default date too on this one. 2010 was the original date by first DCA. The new Default ends in November which is close enough now. It was statute barred too by all accounts. Both Cabot and Lowell have done this. Passing accounts back and forth too.
  2. Many thanks for all for your help. I’ll see what I can unearth from that link too Andy, much appreciated. It’s just a never ending battle it seems. Having looked at my file again I’ve found that despite achieving a court notice of discontinuance on another historic account with Lowell, they still haven’t removed their entry either. Very demoralising! regards, Jackie
  3. Can anyone outline the correct steps to take in order to stop Cabot and other unscrupulous DCA’s from continuously renewing Default dates in order to a keep a statute barred debt on file? So far complaining to TransUnion hasn’t helped and contact with this DCA is futile. A 9 year old debt was again renewed last year by this method.
  4. No I didn’t need one on this occasion as I did it myself. My contribution here was to encourage and reassure this member undergoing the same issue of a successful outcome by following the steps you and other CAGers have recommended. Sorry if that’s not allowed.
  5. I received a letter saying mine has now ben discontinued and all action withdrawn. Good luck with yours too.
  6. I've successfully had a Claim discontinued using the exact stages recommended by Andy and DX. They are outstanding individuals in the fight against these dreadful DCA's! Good luck. 'L' will likely pull out at the eleventh hour but mean time try to fob you off with bank giro slip copies as Contract proof lol. Stand your ground! Also my Letter Before Action actually came AFTER the Money claim. They can't even get the pre-action protocol right. Another thing they tried was pretending to send papers that looked like they were from the court for me to sign re: Claims Track.. Boxes had been pre-checked by them to dupe me into signing their preferred action. I printed out my own and sent those to the court instead.
  7. How did you get on?..I have my day in court on Friday..Again they are not bothering to attend!
  8. Thank you for your reply. I am just waiting now. Payments just quote fastpay. No I can't remember at all. But activity clearly shown so I guess not SB. The contract and it's conflicting and inaccurate information, and declaring account up to date seem my best bet. I'll keep you posted though.
  9. Citi would not co-operate. Referred to Opus and they said it was in the hands of their client. I SAR'd Lowell. My Claim Defence was SB and no knowledge of debt or referral. They did not respond to the claim it is just sitting there on the system since April. There are several £1 payments on the Opus photocopies. There is no signed contract for ether card company. Sorry I should say the Defence is with Mcol. Inactive since my I filed it in February. Oh and a couple of other things. Opus sent the CCA to Lowell..Not to me. This was dated May 4 2016. Citi have not engaged with me whatsoever. All their paperwork has come from Opus and sent to Lowell. Lowell are now saying if I don't respond with payment proposals, they'll proceed with the legal action. Hope this additional information is usefuI The letter from Opus in May this year says.. "Your outstanding balance of the 4th May 2016 is £1085. Your account is up to date! It then goes on to say to refer to sections 2 and 3 of the current terms and conditions, which confirm when payments fall due. Then the actual CCA details say the account has a £0.00 Credit limit! How can any of this tripe mean anything in law???
  10. Also.. Just realised the charges and interest over the years almost outweigh the original debt. Can I site this and insist on a refund as the charges against OFT guidelines? As my defence was different, is it too late?
  11. Hi dx.. Can you believe I have only just received the SAR from Lowell? (Took them over 3 months) It looks like I am not out of the woods re statute barred. Last £1 made just under 6 years.. They are now asking me to contact them with payment proposals or they'll pursue court action.. Any advice what I should do next? Thank-you.
  12. Golly no I hadn't even considered a spreadsheet but yes I'll give it my best shot.. Charges are absolutely mind blowing, so yes that's an excellent idea. Thanks
  13. Yes we own workshop and as the loan was secured on it, they wanted the building protected. They charged £30 for being added to their block policy each year and £100 each year, for doing this..But then duplicated these same charges to a small secondary 5 year loan (Now paid up in full) but it only came to light when final statement released with outstanding balance. This was always paid on time. Challenged why there was an outstanding amount and this was flagged up.. This company are unbelievable!!
  14. They've sent a 'War and Peace' sized document of terms, contract and charges. They have offered some refunds of some charges..By no means not enough. However, they want us to officially accept their offer in writing and enclose a prepaid envelope. They then go on to say that we can't take this to any regulator as it is a commercial loan..?? Your thoughts please.
  15. Yes they are sending hard copies as I refuse to engage on the phone and vet all calls. The transfer process was at the same time. BH one day announcing they'd sold out to Idem and then Idem said they now 'owned' the debt. The letter from BH had a set a 'Q's and A's. One which said can BH transfer their rights? and of course their answer was yes. So why are both not fighting for possession? I've also had the threat of a home visit but I know they have no rights and will be signposting them back to the stone they crawled out from. One other question I have is can they go for a CCJ instead or is this not an option on an originally secured loan? If the OS wasn't so high I'd hold fire but it is 16K so I can't see this disappearing. My next thoughts are to offer token repayments. I doubt these will stop interest piling on though as they freeze it whilst on 3 monthly repayments and then restart it. This is how BH always operated so I do suspect these guys are linked. 3 monthly reviews, I find, are in themselves exhausting as the income and expenditure process is so lengthy. especially when ther is no change in circumstances on the horizon, unreasonable and not necessary. Great thank you for that. Thank-you dodgeball Hi Dx, You must feel I am intentionally trying to sabotage other people's threads but I assure you that is not the case. I thought it was ok to share experiences of DCA's on relevant and identical threads, so that other members in the same boat know that they aren't alone and can compare typical tactics and sequences of events of the activity and outcomes. Also to give a clue to the scale of the problem of financial misconduct and bad practise. However, I appreciate the issue with fragmenting help so I do apologise if that has occurred.
  16. I've been following this thread too as I am in the same boat. I'm hoping this contribution is relevant without making a new thread. What I don't understand with BH and idem is why would a secured debt not have gone to the courts by now? We have no available money at the moment to fund this debt and they told me our home was unaffordable. I said, there is NO AFFORDABLE ALTERNATIVE!! They said they'd seek to repossess. They didn't..Just more contact letters. My disabled son and young daughter would be put in jeopardy too so I can't risk losing our home but must prioritise first charge. Our mortgage is up to date but has a draw down facility which I now have twigged would have meant BH should NEVER have secured a loan against in the first place as they could have ended up with no available equity. There's no PPI to claim back. My question now is.. How do i check whether there is a legal charge on our home by either BH or Idem? Should I SAR BH or IEM for this information. I have the original loan agreement for BH back in 2006 but no evidence of Land Registry documentation citing them as interested parties.
  17. Hi Ford, I can't recall a default notice being served by Lowell. It says Aug 2012 on claim yet Noddle says June 2012. This is the alleged default from Lowell and not original lender. To the best of my knowledge Lowell did not have the account in 2012. Also note they limit their interest claim to one year? is this because they are bluffing about a default notice served? There's no way I can recall one from Citi or Opus. Far too long ago ..2003 was the account opening date apparently. I don't want to make the same mistake again and give in. I now highly suspect this debt claim is not kosher.
  18. It was last year. I was given the option to deal direct with Lowell and made a reduced offer and paymet plan. This was because they said they didn't need to provide th O2 documentation which would prove it wasn't my signature.
  19. Ok.. Also I've just found my letters from Lowell and their solicitors. The one from Lowell doesn't speak of assignment strictly. It says "You have not paid your Opus account". Then at the same time a green letter arrived from their solicitors in Nottingham. Both dated the same date 21/01/2016. That's it! Nothing saying anything about them being assigned the debt.
  20. Thanks Dx. Ill dll defend that now. Also when Opus took over Citi, I suspect I'd have made a payment to Opus initially so would I be best to contact both Opus and Citi? What I am 100% sure of is I was never told by Opus that Lowell were taking over the account. And this would have been over 7 years at the least. So how do the likes of Lowell issue a default for a debt that i did not take out with them? How can so many many defaults be issued for the one and same debt? My understanding of a default is a one off notice once the account dafaults and not an ongoing saga.
  21. Ok thanks. ..However the last time i dealt with Lowell was over a phone bill which had been taken out by my sons ex. They said they did not have to comply with my SAR request to go ahead. I stupidly negotiated a settlement out of court. If I defend this claim they may say they still have no requirement to issue the info. If this occurs again can I insist they drop it? if this debt no how would I word my defense otherwise? I was not told by Opus that they had sold this debt to Lowell. If I defend claim can it still be negotiated out of court? Should read..'If this debt not SB..' Ooh er just checked my credit file. .Lowell have this debt as theirs yet it states the account was opened in 2003! Their activity is all very recent and none tallies with the claim form? I'm more sure than not that it is SB. Do I site my defense as SB only or add that the debt seems to have been assigned incorrectly to Lowell and that the original terms are flawed/unenforceable? Not sure how to word it.
  22. Unfortunately I cant. I suspect it's around the border line of 2010. I have not acknowledged or paid anyone other than Opus originally. The card was taken over by Opus from Citi. Lowell have only recently taken on this debt as the figure quoted on paperwork did not relate to any creditor. Just a random figure. I didn't recognise where it could possibly be from. Then Lowell suddenly find the word Opus on their claim!
  23. Here's my details of the claim as answered using the template from this site. " Lowell Date of issue 25 Feb 2016 What is the claim for – particulars of claim: 1) The Defendant entered into a consumer credit Agreement with Opus under account reference xxxxxxxxx ('The Agreement') 2) the Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 17/08/2012 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £1085.08 remains due and outstanding And the Claimant claims a) The said sum of £1085.08 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.238 but limited to one year, being £86.81 c) costs . What is the value of the claim? 1321.99 When did you enter into the original agreement before or after 2007? 2003 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.* LOWELLS Were you aware the account had been assigned – did you receive a Notice of Assignment?* acquired it in Aug 2012. Did you receive a Default Notice from the original creditor?* Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?* Why did you cease payments? Unaffordable interest and charges trebling original debt. What was the date of your last payment? 2009/2010 Was there a dispute with the original creditor that remains unresolved?* Yes, affordable repayments were refused and nothing further agreed with me Did you communicate any financial problems to the original creditor and make any attempt to enter into a*debt management*plan?* Yes " ..................... Struggling to recall this account but have received a claim from Lowell about a debt to Opus. Believe it may have been an adverse lender full of obscene charges. I intend to defend but wanted to know the best grounds for it. I haven't acknowledged it in years 2006/8 probably it was active but not the amount they're claiming by long chalk. What would be my best defence please. Statute barred is an option I'm sure as i havent acknowledged it but also wonder how legit the loan was/is...
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