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About Missnka

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  1. Hi, thanks for your input. The debt is pretty much all fines for late payments accrued from when I was too young to understand being self employed. Tax Aid is a charity and have examined everything and I trust them, so I think I have to look towards what year I can actually pay this off! Due to the large sum, I'm just not sure how to approach the repayments within a reasonable amount of time. I feel I need at least 3 years! (sigh). Its gone past the collections team and onto the Task Force who have the power to seize money from bank accounts. So I need a plan. Thanks
  2. Hi, thank you for responding. Its mostly fines that date back to years ago but Tax Aid have thoroughly examined my accounts and already had several thousand cleared. I looked up DSAR. I have not requested this. I am not sure how that would help though. Thanks
  3. Hi there, I am self employed and have worked successfully with TaxAid to get rid of any fines, so I know exactly what I need to pay. The debt is about £9,000. How can I best negotiate with the HMRC Taskforce without taking the bankruptcy route? I have heard of asking for the debt to go into remission, which basically pauses it for a length of time. I can afford to pay about half of the £9k up front. But I don't receive a monthly wage, it comes in unpredictable chunks throughout the year. Does anyone have any advice about how I can propose a repayment schedule? (I will also try to get advice from Business Debtline. I do have other debt that I am paying £1.25 per month for but I am looking to write CCA letters to those debt collection agencies.) Many thanks for reading
  4. Hi Steve, thanks for your input. Yes I understand that I am not able to ask for any interest at this stage. I do however have emails, contracts and payment proof. Enough for them to hopefully see that I did not frustrate the letting and look into the fact that I was never refunded. (It was a stressful time for various reasons so I did not remember the refund. And I was checking my past bank statements regarding PPI, thats how I noticed.) Any contact is effectively 'out of the blue'. I'm not sure how I could ensure they definitely would respond constructively.
  5. Thank you for your replies. They are much appreciated. It is a chain estate agents so they are definitely still in business. As it was such a long time ago I feel like a letter asking for my money back would say the exact same thing as a letter before action. They may even ask for more info, which I would prefer not to give just in case it goes to court and I need to withold info for my defence. And I was never given any legitimate reason for not being allowed to move in, and nothing on email. (Although I have a very strong suspicion). Yet I am able to prove that I sent emails asking why and was ignored. So at this point perhaps I should just send the letter before action.
  6. Hello and happy new year! I have recently noticed from my bank statements that in 2011, a deposit for a flat was never paid back. It was £400 holding deposit, £50+VAT admin fee and the rest and £87+VAT referencing. The contract I have on email states non-refundable if the letting is 'frustrated', and defines that as, if credit info is withheld from the application OR if I cancel the letting. The agent actually cancelled the letting, and no referencing was carried out because I checked with the referencing agency. So I did not 'frustrate' anything and never moved in. Yet all the money was kept. I was planning on writing a letter before action for the full amount of £565(approx) plus 8% interest from 2011, and giving 2 weeks/10 working days to repay. (I went to the Property Ombudsman website and if I go through them the process looks to be much longer and more complicated). So hopefully this can all be resolved in a couple of weeks. Is this the best course of action? Thank you for reading!
  7. They could never have gotten the sale of debt assignment because there was no signed CCA in existence to even prove I ever owned the debt for it to be sold. It would always have been an unlawful debt sale.
  8. Hi everyone, I wanted to say thank you for all of your help and advice on here. Yesterday I faced Lowell and BW Legal in court and... THE JUDGE ATE THEM ALIVE!!! I felt so embarrassed for the solicitor. She must have felt so ashamed, like a naughty little schoolgirl being told off. Basically, my defence was entered around there being no proof of the debt. The judge agreed and took it further. They had no Sale of Debt assignment which apparently needs to be stamped, dated, signed AND be an original copy. The judge also pointed out that Lowell are NOT EVEN LICENSED UNDER THE FCA TO COLLECT DEBT!!!!! I sat there for about 45 minutes listening to that poor woman being told off. I was also reimbursed for travel and half a day's wages. Bottom line, they had no proof, their evidence was based on 'assertions' and their statement was full of holes. Thanks again to you all. I will be making a small donation to CAG. xx
  9. Hi, I had already filled in the form before coming onto this forum. After much googling, I found that mediation had been a time wasting effort for many and it would eventually go to court anyway. There have been no further forms since my last forum entry. That was form was regarding the court process/track. I was given a court date and also recently received the witness statement to be used in court. I did not send one in response as I thought that I had already given my defence in previous court forms/correspondence. I can't go back in time so please don't make me feel worse. But I appreciate any advice. Thanks
  10. Hi, thanks for responding so soon! According to their 'evidence', the account was opened in 2001. Last payment 2012, written off in 2013. I would like to go in with actual notes to read out. They have not proven it to be their debt, and the coca s.77 requires an executed agreement which obviously means signed and they don't have that.
  11. Hi there, After filling forms and rejecting pointless mediation, a court date has been set for Monday. I originally asked them for the signed copy of agreement, notice of assignment, etc in the court forms but no surprise that I did not receive them. I have received the witness statement and it's nonsense. Please help me with the terminology I need to say to demonstrate that this debt is unlawful and the relevant information has not been supplied because it does not exist! Claimant's witness statement includes: -Client: Lowell portfolio -Balance: £5k approx -My defence details which state that I made a request for the original agreement under consumer credit act. And that it if the agreement is not signed and documented it is unenforceable. -Their response being that I entered the agreement, defaulted and the 'evidence' (I will list below) is clear proof that I used the services provided. -they ask the court use its discretion under COR 3.4 to strike out the defence, alternatively the defendant should pay up plus interest. -evidence: 1. an unsigned undated copy of a shop direct credit agreement (since when does a blank contract hold validity?) 2. A screenshot of a computer screen that shows'sundry' information being address, balance, account dates (opened, written off, item returned), catalogue name. (Anybody could input anybody else's information onto a spreadsheet. How is that valid?) 3.copy of summary of transactions from shop direct with items, prices, dates. (Again, could be anybody's and I do not recognise the transactions without proof that the debt was ever passed on) 4.a letter of assignment from Lowells saying the debt is passed onto BW Legal. ( still nothing from Littlewoods) 5. A letter from Lowell dated a couple of years ago saying we are your new debt collector Their evidence is weak. Please help me with what to say/not to say in court. Thank you!
  12. Were you aware the account had been assigned – did you receive a Notice of Assignment? - I definitely did not receive a notice of assignment Date to right of claim form is 26 Jan 2015 Thank you
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