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About ryjayel

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  1. Hello everyone, So, back to those reputable lovable rogues Lowell Portfolio.. In September 2011 I obtained my partners Equifax report which showed a debt to Lowell Portfolio 1 for £341.44, dated 10/09/2008, defaulted 21/11/09. OH didnt recognise the debt, Equifax told us it originated from O2. OH contacted O2 by phone on 6th September 2011 to be told they told they could not find any reference for the debt and his ‘normal’ O2 account was completely up to date and always paid on time. They referred me back to Lowell. I then sent a letter to Lowell requesting the origina
  2. I sent a CCA request dated 05.09.11, arrived 09.09.11 at 8:23am In response, they sent back, arriving on the 19th the attached, which is basically a copy of the agreement and a copy of some T&Cs which have a wide obscure bar through the middle of them. See the attached. I was going to write back but a few days later the SAR arrived, with the same documents but this time no such bar. The SAR letter stated that a statement of account would arrive separately, which it did at the end of the month, but note that this was not in response to my CCA. As I said before I then wro
  3. Hiya DonkeyB Sorry, exactly how is it 'bingo'... I'm a idiot... Ryjayel
  4. Oh and yes all letters I have, including recorded delivery receipts for most - some might have slipped into my business accounts so I will have to look through.
  5. Hi Everyone On 08/09/11 I sent them a CCA request On 10/09/11 I sent them a SAR - mainly because I wasnt sure the CCA would help much as we were blind as to the nature of the debt. They replied to the CCA with an agreement with a band through the middle of it saying "CPC View Evaluation", suggesting they hadn't bought the software they were using! It came with a copy of T&C's. The SAR then arrived with the following: Default Notice and accompanying letter (never received in the first place!) Copies of ID taken at the time of the loan DD Mandate and other bi
  6. hiya all and thanks for weighing in! yes the cca in post 7 was send after my SAR. Although I had to follow up with a letter demanding a full one without an obscured area. I will post the DN this afternoon. He was never given a choice over the ppi! he couldn't have the loan unless he took the insurance. thanks for the point to carey vs hsbc. I will read up on that today! can anyone point me to any defence construction posts?
  7. Yes sorry, the original thread was about two balances, the HFO one has since died and the Welcome Finance claim has progressed to this stage. What I need to do is put together a defence for MCOL and sharpish as I only have until Sunday to do it. Can anyone help point me in the right direction based on my defence points above? Much appreciated. Ryjayel
  8. the claimant claims for sums due under a/various credit agreement/s related only to money regulated by the consumer credit act 1974 entered into between the claimant and the defendant. the agreement/s was/were terminated upon the defendant failure to comply with the terms of the agreement/s. the claimant complied with section III and IV and annex b of the pd pre action conduct. and the claimant claims: personal loan account number xxxxxx balance of 3854.00 as of 19/2/09 interest under s69 of the county court act 1984 at the rate of 8% a year from 19/2/09 to 7/8/12 of 1068.56
  9. Hello Thanks for the replies, nice to know there are other voices out there! The claim is by Welcome Finance, submitted by Hegarty LLP. IND have sent threat letters. The date of the summons is 7th August, so 5 days is 12th August, 28 days from there is this Sunday 9th September. I have done AoS with intention to defend all of it. My defence is as follows thus far: The PPI of £496.65 was a fait accompli - He was given no option by the broker, it was mandatory if he wanted the loan. The offer of settlement was rejected entirely. The SAR request was not responded to
  10. Sorry - Also I think perhaps the location of this thread is a little off the beaten track now - is it more appropriate for me to move to another section?
  11. Hi Brig Its been a while but Welcome Finance has reared its ugly head again, so I'm looking for more advice if you have a moment... I wrote to Welcome again after all the above, explaining they had omitted certain documents in my SAR, such as the PPI insurance documents relating to the loan and a breakdown of all the charges relating to the account etc. They duly ignored it. I have now received a County Court Claim for the original defaulted amount of £3854, plus interest and costs bringing the total to £5087.56. I have logged onto MCOL and entered my acknowledgement
  12. Welcomes loan statement demands £3854, which is from back in 2009 when they stopped adding interest to the loan, which would infer they sold the debt on. The jump from that to £6773 and DCA Mack Hall have chased it a little, stating the pursuer as 'Cattles' would suggest the same but Welcome are the ones that have lodged the default. I'm happy to agree a figure, if the PPI and the default is removed.
  13. Ah Thanks for the swift reply Brig Let me clear some bits up: 1) HFO was indeed a different loan and they claimed it was not statute barred despite my insistance. However it has dissapeared from all credit files after the six years so HA! 2) Moving back to Welcome, now the only problem in an otherwise shamrock green credit file! The loan taken out was £2000 plus £496.65 PPI. States Total Amount of Credit £2496.65 HOWEVER - there is also an acceptance fee of £75!!! What a cheek! So the total is £2571.65 and the statement says the loan is now on a 0% Annual Interest Rate...
  14. Hello Brig I have been a busy bee over the last six months and have removed all defaults with the exception of this remaining one. What I need is to soundboard how best to tackle this default (see above) if you can offer advice and a path that would be great! I SAR'd Welcome Finance and they sent a signed CCA etc etc. When I wrote and asked for the rest, they said they had nothing more to send. It shows four payments made, then defaulted, which was registered in Feb 2009. To wait for it to become statute barred is a long time so I need to approach it in a way that achieve
  15. Yes Equifax is much the same, although the defaults and settled agreements were not all six years old. I have emailed experian/Equifax as they do not show previous reports on their online system as they were paper not electronic (if that makes sense!). I have also sent off to Call Credit for their report.
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