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Finargh

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Everything posted by Finargh

  1. Hi - why do debt companies now seem to be paying out small compensation for when complaints etc are made? Speaking from my experience Lowell has on several occasions now sent me £50 cheques when I have eg complained about how long they've taken to respond. Has something changed? Are they now being forced to do this by some thing/one? Cheers (also halfway through next month I shall finally be default-free with a good credit record and no non-statute-barred claims against me :)))))))))
  2. Last autumn I checked my credit file and I saw loads of credit searches that looked like insurance - Aviva etc and probably a quote website, lots of mentions of LexisNexis. I then noticed that the date of birth given for the search wasn't mine - it was incorrect. So a fraudulent search had been attempted and what's worse, the credit reference agency had allowed it to happen and given out my data to loads of entities when the data used was partially wrong - surely this should have been spotted and therefore prevented from happening? I reported every search to the CRA and they deleted them. If that weren't bad enough later on I got a letter from a car insurance company saying my care insurance had been cancelled - well I don't have a care or even a driving licence. So clearly because my data had been transmitted fraud had now been allowed to happen. I phoned the insurance company and told them it wasn't me, and also managed to get the person to admit that the data of birth was wrong. I wrote them a letter after the phone call complaining that they had allowed fraud to happen despite using bad data that should have been spotted. They wrote back saying they have sophisticated systems blah blah. They also said that they hadn't applied any negative markers and that I could use this letter as proof that I had done nothing wrong - to me that implies they have done something to my data like put me on a database saying identity fraud or whatever that may affect my ability to get insurance? I find this really annoying because I hate not being in control of my data/being on secret databases and I have done nothing wrong. Should I complain to ICO + FOS? I'm going to GDPR the car insurance company now to see what they have on me and then ask if as a result of thier negligence they have sent my data to any third parties, which they have never had my permission to do.
  3. ok surprisingly this post has concluded - I sent an upset email to the FCA email contact of the debt-buyer after I received a letter talking about possible escalation to legal action complaining about various things and also stating that they must action a GDPR request if they don't satisfy my complaint - this was a few days ago - have today received a posted response stating that they will close this account and not pursue it, send me a cheque for inconvenience (I didn't ask for or mention this) and also noting I have two other accounts with them (credit cards) they're closing those two accounts as well
  4. Thanks Andy Yes DX despite there being insufficient funds the bank allowed multiple random debit card payments out, like four on one day sometimes, resulting in an unauthorised overdraft I hadn't agreed to, and then added penalty charges and interest etc and then allowed more debit card payments to be taken weeks/month later compounding the problem. I'm curious as to why the bank thought it reasonable to allow such payments at the start let alone when there was a significant negative balance. I remember there as a case in the news some years ago about someone winning against overdraft charges but I can't remember it now. Anyway I was also hoping it would be statute barred sometime this year.
  5. Even if say a final deposit was made in Jan, leaving a positive balance, and then two months later debit card payments were taken out resulting in an unauthorised overdraft and then default? (Thank you Andy!)
  6. Hi I'd be very grateful if you could help me with the following query: How do you calaculate whether a bank account debt is statute barred? If the debt is due to an unauthorised overdraft whereby mulitple debit card payments were allowed by the bank to be taken when there were insufficient/negative funds and no deposits were made into the account subsequently what date do you choose for six years elapsed? From the first transaction out of the account that made it a negative balance? And if I may also ask: How do you calculate the statute barred date for a credit card? Is it from the last payment made to the card or is it from the first payment missed? Thank you very much
  7. Good luck, ,I was in the exact same situation with the same claimants - no default notice, invalid Notice of Assignment, wasn't clear about how they arrived at the figures claimed, didn't show up (they said they wouldn't) so just me and the judge - no need to have to argue with someone else/be intimidated by them. I emphasised that the House of Lords has said in the past that for a company their size there is no excuse not to have all the paperwork and also there is a legal process that must be followed - they have legal responsibilities they must follow it's not just about any figure that might be owed.
  8. Got the judgment through the post today; was gratified to see the judge has acceptedall three of my arguments: '...and upon the court not being satisfied that a default noice had been served, a valid notice of assignment served (they provided one in the bundle but it was defective) on the defendant and the various figures provided by the claimant being mutually inconsistent and inadequately explained'
  9. The judge was nice and welcoming He said he’d seen my correspondence to the claimant asking for documents / notices and that they’d sent a contract etc back - ‘so what is your defence?’ I said they had legal responsibilities as the original claimant would have done under the CCA and they had not fully complied; That I had never received a default notice and they had not sent one as per my request (he said he had noticed there was no default) and that they hadn’t even mentioned a DN in their WS so the agreement hadn’t been properly terminated; The notice of assignment was defective because no original account number or address; they’d got the NOA date wrong (by two days) on the POC; They hadn’t given a proper breakdown of statement of account as I asked so the figures were inconsistent (there’d been a writedown as per FCA & their WS said no payments had been made but the loan statement said a payment had been made for the first month. He literally just let me talk and talk haha At the end he said what did I want him to do about it, I said ‘dismiss the case’ and he said ‘case dismissed’
  10. Waiting at court for case to begin As previously mentioned the claimant notified that they weren’t coming but the receptionist had just told me that the case will be dealt with as if there are both parties present because they’ve submitted what they will argue point by point - I assume I didn’t need to be notified of their argument because I only received the witness statement?
  11. I’ll have access to a scanner tomorrow but the argument I’ll be making, in reference to my WS, for this payday loan (online running credit agreement) is: They haven’t supplied everything I requested, namely: a default notice which I contend was never sent which means as per s87 CCA no payment can be demanded/no termination may occur a full and detailed statement of account as per CCA request, just a ‘loan statement’ the value of which doesn’t concur with the claim form or the NOA, which means they’re still in breach (they say they reduced the amount due to an arrangement with the FCA, but do not explain this or provide any evidence) Furthermore the NOA date doesn’t match the NOA date in POC (by two days - a mistake?), the date format doesn’t match other letters, it has no company information or signature ie it could have been created the day before it was sent to me, and fatally it doesn’t include an original account number or their full address so either way it is invalid which means they have no assignment thus no claim In terms of the relevant acts to rely on I just need s78 for the default notice, s77 for the CCA request and s136 LPA for NOA unless I’ve missed anything?
  12. I will upload when I can get access to a scanner in the next few days - they've included the original agreement which I uploaded previously, their solicitor letters, the notice of assignment which I uploaded the other day which CAG thinks is invalid, plus some financial info. The witness statement says the difference in value, the reduction, of the PoC amount and the NoA amount is due to a reduction after 'consoltation with the FSA', without further explanation or evidence of that but the loan financial info they've included gives an even higher figure which they don't explain, and they haven't provided a full statement of accoiunt which shows how everything has been worked out over time. So at the moment I shall be saying that: they haven't provided or even mentioned a default notice, which I did not receive, so they are in breach of the CCA; they have produced a disticntly dodgy and invalid NoA so cannot show that they have a rigjht to make a claim on that basis; they haven't provided a full and proper statement of account to show how they're calculating the claim and are also therefore still in default of my CCA request and their financial evidence is inconsistent. I've had a look at the LPA 1925 but can't see where it stipulates that a valid NoA must have full adress and original account number etc which I assume I may need to show to prove my argument about the invalid NoA?
  13. Received their WS; they have not produced a default notice. The hearing is on the 20th April; they’ve given notice they are not attending.
  14. Ok I’m going to add the above as I need to send it today
  15. ok so should i just add to the WS that it is an invalid Notice of Assignment due to lack of prescribed terms as per LPA 1925?
  16. so does that mean it's invalid If it's invalid does that mean any debt is legally unenforceable or am I getting carried away haha
  17. The only stuff on that piece of paper is visible in the photo if that's what you're asking? The reference beginning M on the letter is an MMF reference I think. There is a different 'loan agreement number' on the loan agreement. Thanks as always for all your help
  18. This is what they sent after my requests - the figure doesn’t match what they’re claiming nor does it resemble anything in the financial stuff they sent
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