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michellechick

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Everything posted by michellechick

  1. Yes Andy, there is one Restriction already on the property from a Mint loan of £5,000.
  2. I understand why Link are doing it but will there be any complications with selling whilst there are charging orders on the property? Will the purchasers of the property be notified of these Charging Orders and would that put them off buying?
  3. Thank you for your reply. No, there is no CCJ in place. We have been paying Link Financial Outsourcing £1 per month since June 2011 and for them to to continue with this amount they say they need this security. We have informed them that our house is on the market and that as soon as our home sells we will pay them in full. We have been trying to sell our property now for 4 years and have reduced the price quite a few times but no joy. We are currently in the process of changing estate agents and reducing the price yet again in the hope of selling.
  4. My partner has received a letter from Link asking for our permission to register a restriction on our property to secure our debt of over £4,000. They say that if we agree to this then they will accept our offer of £1 per month, not add interest charges and not apply to the courts for an order of sale or possession of our property. My partner has various debts (all of whom we are paying £1 a month) and already has a charging order on the property. Where do we stand? Is this something we should consider otherwise can they take us to court and add charges/interest, etc?
  5. Hi I have an Egg credit card which I applied for online in 2007. The debt is for just under £2,000. I agreed with Egg to pay £1 per month from February 2009 which I have not defaulted on. I have received various letters from Barclaycard to say they have purchased this debt and that I need to pay the £1 per month to them using new account details. I asked them for proof that they now own the debt and they have sent me a copy of the original online application. This shows our banking details, the amount of credit offered by egg and my employment details. It does not state any terms and contitions of the credit card or show anywhere for a signature. Do I need to go back to them to ask for more information/proof? Should I need them to supply me with a letter/transfer of debt from Egg? Thank you in advance for any help.
  6. Hi. My partner has been issued with a court claim for his outstanding balance of his unsecured loan with Mint. We sent them a Financial Statement and offered them £1 a month as it is all we can afford. We have kept up with these repayments but received a court claim. We never had a Default Notice from them, is that OK? Thank you for any help anyone can give. Unfortunately our Acknowledgement needs to be at the court by Monday and we don't know what to do. We are happy to pay the loan once our house is sold but do not want to pay court and solicitors costs on top.
  7. First default notice dated 1st September and yes, made a payment of £2 on 5th September.We have never not made a payment but obviously not paid the minimum payment.
  8. We received a DN on 1st September, giving 17 days from date of Notice to make a payment of £179. The next DN is dated 23rd September giving 17 days to pay £272.00. The next DN is dated 26th November thanking us for telling them that we were unable to correct the position on the account because of financial problems. They then go on to say they are withdrawing the credit facility and enclose a DN. They then say they have sent this DN by law before they can terminate the agreement and arrange a repayment programme. The agreement will be formally terminated and they will contact us again with regard to the repayment of the outstanding balance. Arrears now being £460. An Account Termination letter was received on 8th January asking for full payment of the outstanding debt within 14 days. However, they then go on to say that their Debt Recovery Office will be in touch with regards to a payment plan.
  9. Have scanned the T&C, Conditions of Use and Consumer Credit Act which they sent to me. Yes they have sent us a few Default Notices and a Termination of Account. The boxes at the bottom right of the Agreement are mostly legible on my copy, although the stamp they have tried to put over them has obscured it slightly. It states on here "The current Conditions of Use ("Conditions) as set out overleaf apply to all uses of the RBS Advanta credit card and form part of the Agreement. The following financial particulars are shown below in accordance with the Consumer Credit Act 1974." They have photocopied them separately so you cannot tell if they were on the back of the Agreement. No, we haven't defaulted from paying the £1 a month. Hope this helps.
  10. Have scanned the T&C, Conditions of Use and Consumer Credit Act which they sent to me. Yes they have sent us a few Default Notices and a Termination of Account. The boxes at the bottom right of the Agreement are mostly legible on my copy, although the stamp they have tried to put over them has obscured it slightly. It states on here "The current Conditions of Use ("Conditions) as set out overleaf apply to all uses of the RBS Advanta credit card and form part of the Agreement. The following financial particulars are shown below in accordance with the Consumer Credit Act 1974." They have photocopied them separately so you cannot tell if they were on the back of the Agreement. No, we haven't defaulted from paying the £1 a month. Hope this helps.
  11. Hi. We have today received the CCA along with terms and conditions. This is the CCA. http://i716.photobucket.com/albums/ww162/michellechick/CCA.jpg It doesn't look good and yesterday we sent them a letter stating that we have notified court that we will be disputing all the debt! We haven't yet though and we are due to see Citizens Advice tomorrow. Any help would be gratefully appreciated. Also, not sure if this helps but, we have a letter from Mint in January which states "Provided that the £1.00 per month part payment is made on the required dates, no further action will be taken in respect of the outstanding debt. However, should you default on any month's repayments, the Bank will take steps to recover all monies owing under your account, and your account will be placed in the hands of an external Debt Collecting Agent." Since receiving our letter requesting the CCA they supplied us with a letter on 17th February stating that if we did not send full payment by 24th Feb they would instruct legal proceedings without further notice which they then issued court papers. Can they do this?
  12. Thank you so much for this. We will send the letter off straight away and will let you know what, if anything, we receive. I have looked at a letter template for sending a SAR and it states that they have 40 days to reply. How can this help me in my defence as I only have 28 days to reply?
  13. My partner took out a Mint Credit card in January 2004. He is paying them £1 a month and has since June 2008 after sending them a Financial Statement produced by Citizens Advice. We received a letter from them stating that the £1 per month was unrealistic but will accept it for 6 months. Our plan was to pay the £1 per month until our house sells and then pay off the debt. We did not want it to go to a DCA and read various posts on this site which told us about asking for CCAs. We sent them a letter (taken from a template on this site) recorded delivery on 14/2/09 but haven't received the CCA. We thought that by going down this route it may help us to negotiate on the amount owed but also would stop them sending it to a DCA. We received a letter from RBoS solicitors, Spratt Endicott, and a claim form stating:- "The Claimant's claim is for monies due under a consumer Credit Agreement between the Claimant and the Defendant. Notice of Default having been sent to the Defendant on 24.09.08. Full particulars of which have been delivered to the Defendant. AND the Claimant claims the sum of £5,xxx.xx." They are also claiming interest from the date which the loan became due together with Court Fees of 190.00 and Legal costs of 100.00 from the date of issue of the proceedings. What do we do next? What do we put as our defence? They have applied to Banbury Court but we live in Lancashire, do we have to travel over there to attend court if we defend? The Claim Form asks if we wish to counterclaim and that there will be a charge. Does anyone know how much this will cost? If they are willing to go to court does this mean that they have the signed CCA? Can anyone please help?
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