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About Foolishly

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  1. Think Ive converted & uploaded correctly this time. This DN is totally diffrreny to the one marked on my CR FIle. Big difference from 2016 to 2018 (26/09/16 marked as the original DN date). 27th_Apr_18_DN.pdf
  2. Not sure if copy ok Just noticed the DN is for a totally different date from whats recorded in my credt file this is for 27/4/18. Not really looked at it properly as since August 2016 I have received emails every month some refer to their recent DN sent, some refer me to take action now to avoid the DN going further.
  3. What about the increased balance, are they allowed do to that? And the date of the default is somewhat strange as it states being after the date sold by Mr Lender. They also sent the following correspondence to me; Original Lender: PDL FINANCE LIMITED T/A MR LENDER You will have received a DEFAULT NOTICE - you should contact SLL immediately You were recently posted a Default Notice from SLL Capital due to your breach of payment as per your consumer credit agreement. As you have not paid the full amount or made a successful payment arrangement, you have broken the agreement. You now have 21 days from the date on the Default Notice to repay the full amount outstanding. If you pay this before the required payment date, no further enforcement action will take place and we will confirm closure of your account. If we do not receive the payment by the required date or an agreed payment arrangement, further action may be taken against you. You can arrange payment and find out more about default action on our website, please follow the link to our Default Notice Page: Their correspondence does suggest they are responsible for the default, however I have never actually seen one from them or the OC. I will request a SAR from oc, if however it has been sent from SLL is there anything I can do to have it removed. Thanks
  4. I was reading an old thread from 2018 reagarding Mr lender payday loan selling on debt to SLL Capital in the thread it gave reference to the fact it was impossible for the buyer of the debt to mark a default on a credit file and it must have been the loan company who placed the default on around the same time the debt was sold. I have a similar issue but it contradicts what was stated in the 2018 thread. Mr lender loan started 15/5/16 End date 17/8/16 balance 200.00 Settled They sold the debt to SLL Capital on 17/8/16 Account start date 17/8/16 Balance 344.00 Default 26/9/16 Are they now allowed to default a debt they purchased and increase the balance?
  5. Thanks, I have read the consumer credit act and I believe I am correct that according to their dates on the alleged DN (never received one) they have terminated early and have not given the 14 days required. It is also apparent my credit file has no record of one. My conern however: I am not sure what the best way is to approach this. Do I apply to the court as they currently have a Judgement, suspended as long as I adhere to the consent order. Complain directly to the governing body (FOS) or both? Would I have to write to Moneybarn? Thanks in advance
  6. Would there by anyone who can advise on my last post please and let me know if its worth asking for a copy of the default notice they claim to have issued, if there is any action I can possible take, or a governing body its worth complaining to. Thanks
  7. Should I ask for a copy of the default? Yes, I have checked my credit file, there is no default listed for Moneybarn, the account states up to date and has been every month since June 17. I did notice a few discrepancies at the start of the account in: Jan 17 - 1 month missed Feb 17 - 2 months missed Mar 17 - 1 month missed Apr 17 - 2 months missed May 17 - 1 month missed They terminated agreement in Mar 17 but continued to report on my credit file as though the account was ongoing and although I had been waiting for them since Mar 17 to sort out the consent order they eventually got back in touch with details of over 1 month later and it was then completed beginning of May 17 they had the cheek to report I was again behind (how can they operate in this manner, between Apr 17 - May 17 I had not made any payments due to;- 1. No agreement in place. 2. Was waiting for them to issue documents etc. However my Credit File gives the impression that I made a payment and the account at the point of the consent order (May 17) was only 1 month behind. The account status however does not agree to the balance status as they did not reduce the balance in Feb 17 with the payment made, but increased it to include the charges they applied. In March they reduced the balance with the total payments made to them £530 but still never added the 3rd £18 charge. In May 17 the payment was made to them in accordance with the consent order, however they never mark the file instead with 1 month missed. The actual balance remaining on the agreement is £6110 (2 yrs, 1 month) while the overall balance is £6572 (£462 charges). To date £8098 payments made, credit file states up to date, no default etc, they claim im in arrears by £551 I do not understand. The order was to be paid in 54 monthly installments, so in 27 months it completes Nov 2021 in full which matches the balance. I can not get a response from them sufficient to justify the arrears they claim even though I have given them a detailed breakdown. I am willing to go back to courts to get the order overturned if its possible as its clear they are hoodwinking their clients to gain the upperhand, if this alleged default is void, do to them terminated early plus if it does state any charges along with I never even got it the costs surely will be revoked along with the order etc. Is there anything I can do? Based on their actions and them continuing to be allowed to do this the consumer isnt protected at all. None of their actions makes sense at all and nothing seems to back up why they initiated everything.
  8. That's my main issue, I do not have the default notice from them (never received one) and based on their admissions it would seem they have acted incorrectly. I wasn't aware of any default or the termination until I contacted them on 07/03/2017 @ 07:31am by email and received a reply from them on 07/03/2017 @ 16:50pm (they had made no prior attempts to contact me even after receiving payments on an agreement they were aware had been terminated) however I did not see the reply they sent until the 08/03/2017, stating: " Can you please give the office a call your agreement has been defaulted and terminated and we have agents currently appointed to recover the vehicle " At this point I had paid to them £80.00 02/03/2017, £300.00 07/03/2017, £150.00 08/03/207 total payments £530.00 - (which covered Jan & Feb (the first payment date is confusing as they applied the first installment on 17/12/16 to my account however the paperwork states 1st payment due 1/1/17) and £48.36 carried to March) I am only aware that they allege one was issued to me on 10/2/2017 as the statement refers to - 10/02/2017 "Default Notice Served" £18.00 and they allege it also in the court proceedings that they posted one out by first class post on 10/2/2017 and they also state the date that the right to demand delivery of goods accrued on 2/03/2017. I did however receive 2 identical/duplicated Notice of Sums in Arrears both dated 08/02/2017 that arrived in an envelope with the date of 10/02/2017 stamped on it as posted, (I thought I read somewhere that you should receive 2 sums in arrears notices before a default can be issued, if so would the 2 of the same ones I received in the same envelope count towards the required 2), The amount stated for the arrears shortfall £517.64, which I presume is the 2 months (Jan/Feb) plus 2 x £18 charges for a direct failure that I never had in place anyway for it to have failed (they have on more than one occasion since March 2017 applied a"direct debit receipt" then underneath that entry "Bounced DD" on my account, one of them actual took funds from my account 16/06/2017 £315.42 but was quickly reversed by my bank and the DD they had set up claiming I had given them authority to do so was cancelled , Moneybarn claimed it was a system error. Again on 16/08/2018 £480.00 and £240.82 on 18/09/18). When I contacted them on 08/03/2017 this was the point I was informed of the action they took in terminating the agreement . The Termination Notice was sent by post to me on 08/03/2017 (I have the envelope) (It was dated for 02/03/2017 and my statement shows termination billing on 02/03/2017) It was at that point I was told that my only option would be for the asset team to look at entering into a consent order with me and they would be in touch shortly. Do I need to ask them for a copy of the alleged default? Have they acted correctly in their action taken? if they have not,, surely the court proceedings could have been avoided and no costs incurred? Any advice you can give is appreciated, I am of the opinion (although I could be wrong in my assumptions) they have not acted correctly and guess they have or may still be doing this sort of behavior to other unsuspecting clients
  9. Surely being required to complete the initial agreement I signed earlier, would mean I am paying more interest as im settling the loan over a shorter period. As previously mentioned they allege a default was sent out on 10/2/17 (this isnt true anyway as I received 2 duplicate arrears notices dated 8/2/17 in one envelope posted out on 10/2/17, I keep their envelopes as they have a habit of posting things way after they are produced, no default) and the right to demand delivery 2/3/17. If it was posted 10/2/17, the first countable day would be 13/2/17, and the final date can not be less than 14 working days, so the 2/3/17 would be the final date before any further action can be taken, but they terminated on this actual date how can that be justified for a default to be lawful? Sorry but I am fed up with their badgering for arrears I do not owe and looking through other posts it would seem they ignore any legislation and do as they please.
  10. Sorry but just one small further issue if anyone could advise; Along with ,the £54 extra charges, they added cost to issue proceedings £308.00 plus an application fee £100, which I do not know what that application refers to. The consent order was returned to them on 13/4/17 and they confirmed receipt of, however they then submitted the initial court proceedings (I wasnt aware of this and was led to believe proceedings where already in place), they where actually issued on 26/4/17. Is that normal practice? What could the application fee relate to? Could the court proceedings and fee been avoided? Under the terms of the consent order the final payment is due on 16th October 2021, however this date then means I am required to complete the finance in full earlier than the actual signed agreement terms stated. Is that allowed? The terms of the order do not seem fair, or is that normal practice?
  11. I need to check the requirement of a default before I post some information, concerns and request if possible further assistance on a post I have already started in moneybarn issues and wasnt sure which topic to post my question in. Altbough a default requires a date for rectification, does that date still require a minimum of 14 days from the date of service before any further action can be taken?
  12. When a default is sent, am I correct in presuming the 14 days starts once its deemed to have been served? (So for example, if posted on a Friday the first accountable day is the Monday and sat/sun or bank holidays do not count) If the date was Friday 4th October am I correct in presuming (based on my first question being correct) that Thursday 25th October would be a deadline to adhere to a default sent on the 4th? If so, would the 26th be the first day a creditor could initiate further action if a debtor had not be able correct the details required on the default?
  13. Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38 Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges I presume if it went to court again I would be notified? I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?
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