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Everything posted by james2222

  1. Hello Over 6 years ago (before I was aware of this great website) I suffered a CCJ against me by a well known debt collection agency. It was for a 3 yr old credit card debt at the time and due to my ignorance, the CCJ went uncontested and as a result they got a judgement against me. I received plenty of threatening letters (threatening bailiffs, attachment of earnings etc.,) as I never acknowledged or responded to anything they sent me .... oh how I wish I had discovered Consumer Action Group before this! The CCJ has now been removed from my credit file as it is over 6 yrs ago since the judgement. Starting about a year after the date of the CCJ, I received one or two letters each year from them asking me for payment but these became much less threatening and more along the lines of "lets us help you pay this debt off", by offering me a 60% discount. The last letter from them was about 6 months ago. My question; is the CCJ still legally valid even though it has come off my credit file? As they have made no attempt to enforce the judgement in nearly 7 yrs now, could they still legally do this. Would I be able to offer a defence against any enforcement action in the courts?
  2. I had a couple of £3000 loans from A&L in 1997 and again in late 1998 and paid PPI on one of the loans. The repayments overlapped for some months towards the end of the first loan. I remember getting the completion certificate when the second loan ended, which clearly showed the PPI amount paid on this loan. I was so pleased to have paid the loan off, so celebrated by tearing up the completion certificate a few months later, thinking 'I'll never need this again' … oh what a numpty I am! Have tried SAR to Santander, giving all details but just got the , 'we have no records of this', response. I still have all my bank accounts showing the monthly payments to Alliance and Leicester … it shows differing monthly payment amounts (i.e. the PPI loan cost me more each month than the non-PPI) but obviously this does not prove PPI was charged, although its pretty obvious it wasn't just due to the interest level being charged, which was the same on both loans as far as I remember. I don't know who the underwriters of the loan or PPI were and Santander say they are unable to assist me in this either … as they have no records. Just before I give up and say … this is 'Game Over' does anyone have any ideas on what else could be done. I did try calling the special helpline on A & L loans ( was given the number 0845 6006014) but the BT message you get, says this has now been disconnected. Oh, why didn't I keep just one flimsy bit of completion certificate paper!!
  3. Hello drew66 I am also trying to chase up paperwork on an Alliance & Leicester loan (that definitely had PPI) from a similar period … early 2000's but no success via Santander. Can I ask if you made any progress with your claim using the info. supplied by Andyorch? Regards James
  4. Is it possible to determine the PPI premium applied to a loan. I had 2 personal loans for £3,000 each from Alliance & Leicester. The first started in mid-1998 and the second taken out in early 1999 which included a PPI element. I paid 24 monthly re-payments of £143 for first loan … and 24 x £159 for the second. The re-payments obviously overlapped. I have no loan documentation … but I do have my bank statements showing all the monthly repayments for both loans. SAR request made … in summary, came back with …. we have no records for you and as you have not supplied any loan reference or documentation … get lost! The second loan definitely included PPI but in trying to pursue a claim I'd like to show that, allowing for any interest rate changes, the higher premium included PPI element. Does anyone know what a typical PPI percentage was …. in 1999!!
  5. Hello I am just about to commence a PPI re-claim on an old Alliance & Leicester personal loan. There appears to be a number of addresses to where the SAR letter should be sent. Can anyone please confirm which is the best (correct) one to use. The options I have are:- Customer Services, Santander Consumer, Santander House, 86 Station Road, Redhill RH1 1SR. Alliance & Leicester Personal Finance Limited Building 3 Floor 2 Carlton Park Narborough Leicester LE19 0AL Santander (Abbey, Alliance & Leicester) Abbey National House 2 Triton Square Regent's Place London NW1 3AN Santander SAR's team P.O. Box 1111 Bradford BD1 9NQ If non of the above are the correct address, I would greatly appreciate info. on where it should be sent. Thanks James
  6. Has anyone heard of Shawbrook Bank. I obtained a recent hard copy of my credit file and they have carried out a number of searches on me over last 18 months .. lots of them. Searches are listed as 'Enquiry' and others as 'Audits'. The searches were at addresses I left 10 years ago ... as well as my current address. I'm not keen on lots of searches showing up on my file I managed to get their address (they are in Brentwood, Essex) and wrote to them asking why they were searching me. Their written response was that I need to send them a full copy of my credit file before they can answer my query .. . what a load of I assume they are acting on behalf of a DCA .. . or indeed they are a collection agency themselves. Anyone else have knowledge of them?
  7. Hello Guys Just a quick update to let you know 'nothing has happened'. The case was stayed mid May after Lowells failed to submit any evidence (I assume Lowells did not have any documets to support their claim). I was expecting a bit of 're-think' from Lowell as to how they could hassle me further . .. but nothing .. . so I'm happy to consider this a 'win' for me. I am a bit peed off that this 'stay' lasts forever . .. can't see any good reason why it shouldn't expire after a set time and case struck out . .. say after 24 months but I'm not a law maker! I wonder if Lowells are hoping for a change in the financial laws that would give them the right to resurrect all these stayed cases years down the line? However without the help and guidance of Andyorch and dx100uk I would have struggled to 'win' so a financial contribution has been made to allow them to continue to help others. Thanks again.
  8. Hello Can I say a big 'Thank you' to andyorch and dx100uk for their help on this one ... . and of course the other members of CAG that gave me their advice. I called Northampton today to say that I've not heard anything since submitting my defence over 6 weeks ago. After a quick check I was told the case was now 'stayed' as they have not had any response from Lowells. Lowells would now have to pay £50 to lift the stay. He did this this was a bit strange as he would have thought Lowells would have progressed to 'Directions' at least and its unlike Lowells not to have responded at all but did go on to say that Lowells are involved in 100's of cases so may be overloaded!!! I know I can't do anything other than sit tight and hope the stay isn't lifted. If they do lift the stay . .. is it up to me to find this out, or for the courts to make sure I'm informed of this. I assume Lowells are not required to inform me if they lift the stay. I'll wait another few weeks just to make sure no devious tactics from Lowells ensues, before showing my appreciation to CAG in a tangible way with a good few £'s donation. Thanks again to all who helped me.
  9. Defence filed on line Friday 1st April ... very appropriate date to respond to Lowells. Not heard a peep other than letter from court dated 4th April acknowledging receipt of my defence, which says, "claimant must contact court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed". Obviously I'm keen for the 28 days to be up as quickly as possible. How do I know when they received a copy . .. or do I just assume it's so many days after I sent my defence in? Also, why is it just 'stayed' and not automatically discontinued? If I didn't respond in a certain period of time ... the claimant wins a judgement by default. If they don't respond in a certain period of time why is case not automatically 'thrown out'. Sounds like one rule for claimant and another for the defendant!
  10. No requests from Lowells but in 2012 and 2013 I got debt collectors letters from Mackenzie Hall then it changed to Wescot . .. then nothing till Lowells claim a couple of weeks ago. I have changed addresses twice since 2012 so this may explain why letters never received ... assuming they were sent! I always had mail forwarding set up for a few months after each move so shouldn't have been a problem.
  11. Hi .... more questions?? If it gets as far as the small claims court, I've noted a few comments on here that CPR31 does not apply. Does that mean it negates part of my defence in that the claimant does not need to comply with this and to provide documentation?
  12. Hi I've been doing lots of reading of the threads on the forum a nd hopefully have pulled together a reasonable defence. I'm concerned it may be a bit too 'wordy' and would appreciate any feedback from andyorch or dx100uk as you have kindly offered comments previously. Particulars of Claim 1. The defendant entered in to a consumer Credit act 1974 regulated agreement with Lloyds Banking Group PLC under account reference xxxxxxxxxx (‘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 xx/06/2015 and notice given to the defendant. 4) Despite repeated requests for payment, the sum of £4,000 remains due and outstanding. And the claimant claims: a) The said sum …………. b) Interest ……………… c) Costs …………….. Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have in the past had an agreement with Lloyds Banking Group but do not recognise this specific account and have requested clarification by way of a CPR 31.14 and section 78 request. 2. Paragraph 2 is denied, I am unaware of any existing outstanding balance or breach nor ever received a default notice from the original creditor 3.Paragraph 3 is denied I am not aware I received any Notice of Assignment from the claimant nor the original creditor On receipt of this claim I requested information pertaining to this alleged debt from the Claimants solicitors by way of a CPR 31.14. on the 9th March 2016 by recorded delivery. Furthermore a CCA section 78 request was sent to the claimant Lowell Portfolio, by recorded delivery on the 9th March 2016, as of now both the Claimant & their Solicitors have failed to provide me with any of the requested documents. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14 and by a CCA request. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. As I said, I have looked at other threads to help me construct my defence and Para. 6 above mentions contraventions of section 136 of the Law of Property Act . .. however I'm not clear what the contravention is . . any help appreciated.
  13. Many thanks for confirmation .... I wanted to file as late as possible but just a bit of a concern in case I miscalculated and missed the deadline. Thanks again for your help.
  14. Hello Date to submit defence. Can someone just confirm it is 28 days from when the date of service of the claim is 'assumed' to have been delivered ... i.e. 5 days after the actual date on the Claim Form. In my case :- 1. Date on form was:- Friday 4th March 2. Date of service taken as:- Wednesday 9th march (5 days after date on Claim Form) 3. I sent Acknowledgement of Service:- Wednesday 16th March (done on line) 4. Defence must be submitted by:- Question ... is deadline for this 28 days after the 4th March (= Friday 1st April) ... or 28 days after 9th March (= Wed. 6th April). Good Friday and Easter Monday are in this period ... does this increase time allowed by 2 days? Thanks.
  15. Thank you dx and old rouge. I'll follow your advice and search the 'successful' cases as well. Your comments much appreciated. James
  16. Hi mercyblue Thank you for your comments and assistance. Can I just understand and / or get it clear .... do Lowells have to produce my original agreement (or a copy of) at court ... or not? In your post you wrote:- "Sorry but these two statements are just not true," when referring to the following 2 statements. "In April 2007 the rules changed with the CCA 1974 in that a creditor no longer had to provide a signed copy of the agreement to the courts. Any agreement before that date had to have the original signed agreement to show to the court to ensure enforceability. and pre April 2007 agreements must be true original, post apr 2007 can be reconstituted." I obviously can't remember what (if anything) I signed when the card was issued in 2003. However, if Lowells can't produce it either .. . surely that must be a very strong defense, so I'm hoping , it is true .... at least the second statement!. Particulars of claim were shown in earlier post (above) ... repeated here and they do quote a Lloyds account number but as mentioned before I've no records to substantiate or refute this as accurate. I've deleted ID info for obvious reasons. I'll file defense on line as suggested ... much easier than by hand delivery. Just need a 'vague' defense at this stage. Should I mention in my initial defense that I've received no response to my CCA and CPR requests (assuming that is the case when I need to submit the defense). Thanks again for your help.
  17. Hello dx100uk Not quite sure if you were asking if I have done a Money Claim Online . .. I don't think I've anything to claim for. Lloyds did add a few penalty fees when I couldn't pay but I'd be happy just getting this Lowells claim put behind me. The Acknowledgement of Claim form has been returned (I'll check with the court in a couple of days to ensure they have received it) and I'll await any response from Lowells on CCA and CPR while I draft out my defence. I actually travel up the M.1 quite often (past Northampton turn off) so I'll wait till just a day before deadline before I personally deliver my defence to the court. At least I'll be 100% certain it was received by them within the deadline and it will give Lowells minimum time to 'pull any tricks'. Thanks to all for your comments and advice .. . I've made a small donation to show my gratitude and if this Lowell claim fails . ... I'll definitely be making another one!
  18. My main line of defence will be (hopefully) that they have failed to provide a copy of the original agreement. I'm not expecting much of a response to my CCA or CPR 31.14 requests, as most members appear to get the 'it will take us 8 weeks' type of response from Lowells. However, having read quite a bit of info on the site, it appears they can just present the court (and me) with a copy of what the agreement would have looked like. Surely this wouldn't be accepeted by the court? I've also read some sample defenses ... which have received a few critiques from the team. Is there any templated defenses I can use as the structure for my defense ... suitably ammended of course. Thanks for the help ... greatly appreciated.
  19. Thank you for info ... and also to Renegadeimp Phew ... a chink of light at end of tunnel. Do I need to file my defence now or can I wait to see if they respond with anything significant in CPR or CCA requests ... assuming they do respond in the time limits. James
  20. Hello All Thanks for the help and suggestions. The CPR and CCA requests went off on Tuesday (CPR) and Wednesday (CCA) One of the questions Silverfox1961 asked me, 'when was credit card was taken out?' I've now found the listing on an old Equifax report of 2014. Credit card started June 2003. I'm not sure what the significance was of asking if card was after 2007? Unfortunately same report shows a green block in June 2010 which I think was the last of minimal monthly payments of £3 I was making by an Apex card they sent me. This is followed by 7 red blocks with numbers increasing from 1 to 7. No payments since June 2010 but same report lists the 'default date' as 25 Jan 2011. So it looks like the 6 years limit is not an option for me to defend this.
  21. Hi Silverfox1961 Have filled in the questions as best as possible. Name of the Claimant ? Lowell Date of issue – 04 March 2016 What is the claim for – the reason they have issued the claim? Particulars of Claim. 1. The defendant entered into a Consumer Credit act 1974 regulated agreement with Lloyds banking Group PLC under account reference xxxxxxxxxxx ('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 late assigned to the Claimant on 17/06/2015 and notice given to the defendent. 4. Despite repeated requests for payment the sum of of £4302.17 remains due and outstanding. and the claimant claims a) the said sum of £4302.17 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 £0.943, but limited to one year, being £245.16 c) Costs What is the value of the claim? £4812.33 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? I'm not absolutely sure but I think it was before 2007. Can you tell me what difference this could make ... as I'll try to find out exactly when I took it out. 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? yes Did you receive a Default Notice from the original creditor? unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, Why did you cease payments? Lost my job and was heavily financially committed What was the date of your last payment? I've no records but I'm sure I paid something in June or July 2010 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt mng plan? no my life was in turmoil then with 'demands' coming in daily from a number of creditors. I was trying to find a job, sell my home before re-possession, find somewhere to rent, so if they did send something it went on the pile of demands with all others that got lost in the various rental property moves since then.
  22. Thank you Silverfox 1961 and Unclebulgaria67. I'll get the info together to answer the questions. It is quite a relief to know one is not completely alone in trying to make the best of these issues. James2222
  23. Just received a County Court Claim form (Northampton) from Lowell Portfolio relating to a debt from 2010. It is for a Lloyds credit card default. It was a stressfull period as I was made redundant from my job and I had a number of financial issues as a consequence .. . not least having to sell up quickly (nil equity), or risk having my home repossessed as I couldn't pay the mortgage. The debt has been passed through a number of debt collection agencies till Lowell took it on a few months ago. I have no paperwork or information so I'm not sure when the actual default happened . .. it was sometime in early 2010 so it probably isn't time barred as I assume Lowells wouldn't raise a court claim for a time barred debt. I assume its not worth fighting this as I can't prove anything . .. however I'm happy to make things as difficult as possible for Lowell. I assume they bought this debt for under £500 (maybe even less as its passed down a few collection agencies) . .. claim is for £3,547 .. . can I make them declare in court what they paid .. .. and agree to repay what they paid for the debt. If I say I have no knowledge of any debt with Lloyds ...what paperwork or contract will they need to provide to prove this debt actually exists. Is there any defence or method of minimising the claim? I'm no longer working, rent my home and have nil assets, apart from a 14 year old car worth £1k. I'm approaching 65 and live off a moderate (very moderate!) occupational pension. Any help or guidance greatly appreciated.
  24. Cabot purchased an old (circa 2010) credit card debt/default from RBS. A few months ago, having sent all communications to an address I left over a year ago, they won a CCJ as I had no idea this was in progress. Court has now sent me the attachment of earnings form ( this was handed to my old neighbours who I've kept in contact with , by the occupiers of my old house (rented property) as they noticed 'it looked legal'. That's how it got to me. The "must return by date" was 17th March but due to sending to my old address I didn't actually get it till 19th March. I returned it first class the same day as I didn't fancy 14 days in prison .. . which was the warning written boldly on the form as penalty for not returning. I did include a letter explaining why it was late as they had used an old address. My situation. I'm 63, self employed but haven't worked for over 2 years. I manage to live on an old occupational pension ... not exactly a huge amount but I can go out once in a blue moon so not quite on the bread line. I don't own a home .. rent takes up a big slug of my monthly pension money. I read somewhere there can't be an Attachment if you are self employed. It still said I had to complete the form even if unemployed. When I filled in the form my outgoings were same as income .. . however I assume most people filling in these forms will try to max their outgoings and I've no doubt court knows this. Any idea what happens next. I certainly can't afford any real big payments .. . if it was a few £'s per month I'd manage . .. but debt is over £5k, so I doubt they'd go for a few £'s per month. I have precious few assets . .. a 14 yr old car with over 200,000 miles on clock (worth about £500) is perhaps my biggest asset. Will the bailifs come knocking. Any advice or information would be most welcome.
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