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Everything posted by fletch70

  1. Did you ever receive a letter of claim which is several sheets and asks you to say if you admit, deny the debt etc. So often claims can be seen off if you answer these correctly . I know that doesn't help you at the moment. Once more details are known more help can be given , for example sending a CCA request and a CPR 31.14 request for documents mentioned in the particulars of claim (such as the default notice).
  2. It came from another forum and the website of a solicitor advocate . I think the key point is the name of the entity that owns the debt so for example Intrum UK Limited is not the same as Intrum UK Finance Limited . It was noticeable that the case was not appealed.
  3. It was the way you wrote which was very similar to a linked in post hence my thought you had read the post. As HHJ Walden-Smith was sitting as a circuit judge , you would hope her decision would be more persuasive than a DJ or DDJ.
  4. Very true Andy. Glad to see you read the post about it. I wasn't saying a case had been won on it but the protection supplied by S78 was available for overdrafts and that the old arguments as given by Dx were no longer entirely accurate. Therefore there may be a point in sending S78 requests to overdrafts
  5. Just to be factually correct HHJ Walden-Smith did say that current accounts were subject to S78 and therefore if the creditor did not comply the account would be UE as per S78(6) CCA. I suppose it depends if you want to run the unenforecability argument and try not to get a claim or even a letter of claim or feel you have a strong enough case to defend if a claim lands on your doormat. I personally favour the former as getting a letter of claim and/or a claim form is really rather stressful.
  6. Just for the record , under certain circumstances, overdrafts do now fall under the CCA and you can send CCA requests- there is case law MFS Portfolio Limited v Phelan & West. However, most debt purchasers don't actually realise that. In my experience, RBS/Natwest are reluctant to sell on debts that are being paid- they didn't sell mine for a long time and when they did to Cabot , Cabot were unable to find the agreement.
  7. There are lots of ways to deal with debt but before you start looking at advice think about where that advice is coming from Stepchange are essentially funded by the banks so it is in their funders interests to get you to pay back. This is in the same way that gam care is funded by the gambling industry and talk about 'responsible gambling'. For most of us there is no such thing as responsible gambling. CAB are only as good as the advisors , the same can be said for internet websites. Many of those are set up by companies who offer services where you have to pay - there are some like this one and others who do not. I didn't get into debt on purpose, it kinda happened. By the end of it I had 50K of debts and nothing to show for it. I followed the unenforceability route before it was fashionable (people were saying using paperwork errors did not work but it did ). I am now debt free. I don't feel guilty - I had so much debt yet they fell over themselves to lend me more As for bank accounts I have several, some of which I really should close but two of them offer fee free transactions in Europe and another came with a fee free credit card (for overseas purchases) with an APR of 9.9%. So now my money gets paid into my B account , each week I transfer spends into ny Starling account . All I have now is 60K of student debt that is very unlikely ever to be repaid
  8. Sorry my mistake I was thinking of another firm beginning with I . I know 1st credit quite well, they were persistent little beggers but that one is long since SB
  9. Are Intrum FCA authorised ? This is a post from a solicitors website Essentially , if a claimant is not FCA authorised they can not bring a claim - I am told there is some case law with regard to. Intrum
  10. My view is it happens and it is how they deal with it that matters. I have used ASDA, Tesco and Sainsbury for deliveries based usually on who has slots available. Non have been perfect but all have refunded for errors. During the first lockdown ASDA would not take substitutions back but would refund if they were unacceptable . Just check the delivery off and contact them if there is a problem However I have found Morrisons customer service to be less than stellar.
  11. I think there might be a difference between means tested benefits and other welfare payments. However unless either you agree, or a court orders then no payments can be forced.
  12. Not the first company to be working from home. My payroll department now send out payslips electronically. Mind you I would give them what they ask for, at the moment it is unenforceable
  13. Sorry I can’t read it all properly but If it was unenforceable then, why would you send another cca? Of course if it was enforceable then yes send another. Do you have a Default Notice? I had a vanquis card from those days and Lowell closed the account although the agreement looked good( but the DN was bad).
  14. I couldn't agree more- I was just trying to offer an explanation as to why they thought there were extra costs
  15. I think they said they were going after costs because of the non existent defence but of course they would say that wouldn't they. I suppose they will have to do something about the 'typo' on the DN
  16. Have things changed that much? I thought Lowell were based in Leeds and not Jersey Also it seems they are only actually claiming arrears and my understanding is that if that is the case they do not need a DN (Woodchester v Swain). That bit comes from a consumer credit blog so I can't say for sure.
  17. I have just read the last few posts so forgive me if I have it wrong When Lowell took me to court they could not provide any evidence a S87 DN was sent and tried to get away with a proforma DN with gaps for my name , amount etc. The SAR from the creditor also showed while a notice of default was sent, no details of a DN so the judge was having nothing to do with it. With regards to your mobile phone contract, I haven't read back who it was with but some split the contract so you have a regulated agreement to buy the handset and the non regulated agreement for airtime. Apart from that sorry I can't help you more
  18. I hope your solicitor visit went well. I am sure you could say a lot to my reply; maybe if you reread what I said I was trying to offer a pragmatic solution. I also noticed your reply appeared within 5 minutes of my post. Clearly that wouldn't be the solution you wanted but it provided an avenue to escape and find alternative accommodation. The landlord would need a court order to get you evicted - if you need to get LA accommodation you have to be seen not to have made yourself intentionally homeless i.e. Not moving out until the bailiffs turn up- it is the crazy world we live in . It could probably take 2 months or longer from the expiration of a S21 to get you to leave and that is assuming the S21 was served correctly As an aside, you accused someone of being sexist in their reply , you do not know what their identity and we don't know yours. This is the internet and you may be surprised the number of men who use female pronouns and vice versa, its a way of remaining anonymous. I have known two people called Fletch in my life, one a young boy, the other a woman so... Good luck anyway
  19. I will probably get shot down here but here goes You received the S21, I am assuming the end date is is sometime mod July . After that the landlord would need to seek possession and that can take weeks especially at the moment. During that time you 'should' be paying rent Why not start looking now for somewhere to live from the date you need to move out, you will have had 6 months of not finding monthly rental payments so hopefully you will have some savings towards rent. If when you move out you owe rent, well they can take action to recover it but you could counter claim. I am assuming you have receipts for the work you paid for? Do you have copies of emails and letters sent to the agents or landlord? The courts often do not look kindly on covert recordings such as telephone calls so you may be out of luck there. Just one more point, just because a mortgage company say something does not mean it is true. Up until a few years ago , debt collectors used to say this and that would happen if you didn't pay- hell and damnation , now they say may. Even then they need a court to agree with them and that often doesn't happen.
  20. A SAR should or at least can cover a request for all personal data held by the company . It can, if you ask them include logs of phone calls and notes on what letters were sent when. When I SARd Capital One a couple of years ago it showed the debt had been sold but not who to, the date did not match up with the Notice of assignment leaving a gap. Then the notes about the DN just said a notice of default had been sent , nothing else . We won in court because I knew no DN had been sent. I also kept all my paperwork. Never admit to anything unless you have to. But to agree with Andy, no signature is needed. If the agreement had been varied you would need the new terms and conditions. I had one loan where the agreement said default charges of £25 but the statements showed £12. That is now SB
  21. Remember there is always more to it than meets the eye. Did they send a good Default Notice and Termination notice. It also puzzles me why details of when the repayments were due was not on the agreement for example when the 1st repayment was due and when further payments fell due.
  22. I like to blame Maggie for just about anything but I don't think it is all her fault- yes I know she sold off BT but still. If you look there are still quite a few developed countries with worse internet access Fallenjo I do think you have been rather rude to Dx100uk- they are here all day everyday and provide pages of sound advice- they may fall of their seat hearing me say that but hey ho Maybe you can ask the mods to change the title as it clearly is your fault- you spent the money albeit under the influence but if they can not enforce it why pay . It is not debt avoidance as you didn't set out to get the money , it is using the law to protect yourself.
  23. Personally and for many reasons I would not yet send the SB letter. I say this based on the fact many people seem to find they have sent some sort of payment or acknowledgement after the default date thus resetting the limitations clock. I would wait and see if you get more letters and then react if you do. I have to say, not one of my debts has come back to haunt me after they became SB and there were rather a lot
  24. My mistake , I do think the OP needs some legal advice because leaseholds can be funny things with forfeiture clauses. Are you managing to pay the service charges now? How much does this include for the maintenance fund? Is there any chance of the leaseholders forcing a sale of the freehold, that way any money in the maintenance fund would have to come with it. I appreciate not all freeholders can be forced to sell but many can.
  25. £170,000 that is one hell of a fund and you would never pay it off at 1000 a year. How did it get do high?
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