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Realist

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  1. Guys I really need help on this case and pointers to what to do next. Anyone?
  2. Door knockers will tell gullible people anything to get you to sign, more signatures means more commission they earn. Take the offer from Sky and stay with Virgin if your happy with them.
  3. I know that Capital One has sold this debt on and it has nothing to do with Capital One but Lowell trying their hand at bullyboy tactics. I know Cap One has nothing to say about this is because my wife has a new card with them and if she was on their records she would of been told no. So what do I do next?
  4. Update: Received the following 2 letters today. Date: 24 Mar 2014 Brand/Product: Capital One Our Client: Lowel Finacial Limited Our Ref: Low/xxxxxxxx Account no: xxxxxxxxxxxxxxxx Balance: £726.85 Claim No: xxxxxxxx WITHOUT PREJUDICE Dear Mrs xxxxx We have been notified by the court that you have filed a Defence to the claim. In an attempt to settle this matter before hearing and in order to avoid either party incurring further costs, we confirm that our client is prepared to accept payment of the full balance by monthly instalments. Please insert an affordable sum in the relation to your financial circumstances in the blank space in the proposal Order and sign and return it to us within 7 days. Providing the amount is reasonable we will sign the Order and send it to the court to be sealed. Alternatively, if you would prefer to settle this debt now please contact us on xxxx xxxxxxx for a settlement figure. Please note that if you default on payment then judgment may be entered against you and if you are in any doubt as to the consequences of signing the consent Order you should seek independent legal advise. We look forward to hearing for you and hope we can agree to settle this matter without the need for a Court hearing but if we do not hear fro you we will apply to the Court to strike out your Defence gearing which, if successful. may result in further costs being payable by you. Yours Sincerely. Bryan Carter Solicitors LLP The other letter is the agreement to full amount etc etc of which they can go and suck eggs. Thanks
  5. But I dont know if the claim is the one thats on my wifes credit file or another if you know what I mean. Anyway......... I have as above disputed the claim stating the debt is barred and they have as above stated they will continue with the claim so.... When the court gets there letter what next? Does the court write to my wife so she can again dispute the claim or is it then drag a case together and to court it goes?
  6. Checked my wifes credit file again and I don't think the below is in relation to the attempted CCJ they are trying to issue because the sums are not the same so I don't know when the above was first defaulted as its not showing up on her credit file?
  7. In fact just seen that a CCJ was registered against my wife at our old address which we didn't know about as follows: Information type: Judgment Date: 24/11/2008 Court: NORTHAMPTON COUNTY COURT Didn't know anything about this and now that's coming up 5 years 4 months old. How can they issue a CCJ against her when we didn't have no paperwork or contact and we don't have a clue whats it about? Her file is clean'ish now with 1X default Lowell and 1X CCJ we didn't know about.
  8. Just checked my wife's credit file and listed on their is as follows: listed by: LOWELL PORTFOLIO I LTD Default date: 08/04/2008 Default Balance: £441 Account type: Credit Card/Store Card Started: 02/02/2007 If that's the above account its 2 weeks or so under 6 years ;( So is it 6 years from the default or last payment/contact made?
  9. Sorry.... Update. It was my mistake as I thought an extra payment being made was for a warranty but in fact it was indeed a payment for a top up loan not a warranty. Again thanks to Linzi for her help and sorry for my late response. Regards.
  10. The CCJ has not been issued, I responded via the courts online system stating that the debt is statute barred and hence they replied as above saying they are continuing with the claim so how can I get a none issued CCJ set aside as its not officially gone through the courts. As far as I can see they are trying it on but what do I reply with? PS, Re-phrased the above 1st post.
  11. Hi, Wife received letter of action to issue a CCJ for a debt that's well over 7 years old, had no contact with any company or made any payment at any time over these 7 years. Logged in online to the courts site and disputed the CCJ with the fact that's its statute barred and at no time has she ever been in contacted with said company or made any form of payment towards said debt. The court replied via letter saying they have informed the company and await a reply. Yesterday she received the following: "Please see attached copy letter sent to the court confirming that the claimant wishes to proceed with the claim at this time. The claimant agrees in principle to mediation. We should also be grateful to hear from you in relation to without prejudice negotiations and you may contact us on xxxxxxxxx". And......... Thank you for providing us with the defendants defence. Our instructions are that the claimant wishes to proceed with the claim. That's it so far. If I call them or acknowledge these letters isn't that then case of accepting liability to the monies due. The above is in regards as follows: Q What was the old debt for and how much are they claiming? A: Capital One £726.85. Q How do you know it is statute barred? A: Its well over 7 to 8 years old, been in current house for 7 with no contact until now. Q Who is the debt collector? A: Lowel Portfolio I Ltd Re: Lowel Finacial Ltd. Company issuing CCJ is Bryan Carter Solicitors LLP. The order says they purchased the debt on 14/08/2009. What now?
  12. Hi all, Just an update, Linzi as usual did a great job and cleared up my problems and questions without fail. My regards to Linzi and hence this thread is now closed. Regards.
  13. To Linzi, Back 3/4 years ago you helped me with a warranty that at the time of sale I didn't need or ask for but sold to me under the pretence of "unable to get the full loan, this is a top up loan". Now 2 months ago (I know its been 2 months but this has been playing on my mind) I part ex the old car, cleared the old finance off and took out a new car again with you but again I was sold a warranty under the same pretence as before didn't need it or want it but I was pushed into it. Can this warranty be cancelled and payments refunded? Regards, Brian
  14. 14 years ago me and my wife had a bank account with Abby and when I was made redundant and subsequently sold our house our old bank account just got lost in translation/not used. We have not acknowledge the debt but the debt keeps being transferred to company to company and also its not listed on any of our CRA files. The large part of the amount outstanding is overdraft and fee's, charges etc and I recall a few years ago adding up all the charges I paid over the years with Abby and it came to about £9k or there about. What my question is I'm aware that the debt is now statute barred and enforceable as I have never EVER paid a single penny to that account or sent or acknowledged the debt, can I still claim the charges and PPI back and if I did can they then come back to me for the debt as I've acknowledged the account. Regards
  15. The £6,000 was most probs put in the wrong section of the agreement and vat was not charged at all, its just written in the wrong place.
  16. True and didnt think about storage but its a outdoor item anyway. It was left outside and used again this year but regardless of the cost I think it should not of ripped like it did. But anyway thanks.
  17. Hello all, Purchased a Roma Deluxe Garden Swing via JD Williams and 2 days ago sat on it first time this year and the seat canvas split. I emailed the cataloge with the following: Purchased this item back last year and today I sat on the seat and the canvas ripped. Is this item still under warrenty as its not that old? The response I received was as follows: Thank you for your email. On checking our records I notice that QT603MO-Roma Deluxe Garden Swing was despatched on the 12 April 2011. As this has exceeded our 12 months guarantee period I am sorry to advise that we cannot accept the return. If you have any further enquiries please contact us. I then responded with this: Sir/Madam, For being 1 months over your 12 months guarantee and your not willing to accept this item as faulty because that's what it is faulty. As a retailer you must sell goods that are 'as described, fit for purpose and of satisfactory quality' and the fact is that a two year guarantee applies for the sale of all consumer goods everywhere in the EU (Directive 1999/44/EC). Therefore I request you to reconsider my request. Yours, They since responded with: Thank you for your email. Our items are covered by a one year guarantee. Unfortunately we cannot accept item QT603MO-Roma Deluxe Garden Swing as a return. I apologise for any inconvenience this may cause. If I can be of any further assistance please contact me. Yours sincerely Anyone thats clued up on these warrenties have a respose I can send them. Regards and thanks.
  18. Its not a fault of Sky but BT Openreach.
  19. Hi All, Now LInzi has posted on here Im pleased to say she resolved my problem fully and refunded my payment with thanks. If anyone has a problem, please contact Linzi asap and Im assure whe will bend over backwards to make sure your happy. Regards
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