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  1. I am in need of some help regarding Go Debt. I purchased a car from DAF in 2003 and was out of work by 2004. Tried to claim on the PPI and was told that I couldn't. Hence I couldn't afford the car and it was repossessed either late 04/early 05. From what I remember my husband handed back the key and log book to the car, I did not sign anything. I also don't recall them having a repossession order. I certainly never received one. I didn't want hubby to hand keys etc back but he thought it was for the best. By this time I was pregnant and not having a good pregnancy. Was xferred to GoDebt and did try making some repayments but on benefits with 3/4 kids not easy. Recently did an SAR on them and got a letter back from Hollis Briggs Solicitors stating that "We have not enclosed documents that do not contain personal data relating to this agreement and its management in respect of you. Please note that Go Debt Limited Holds some additional documents that contain personal data, copies of which are not enclosed as we consider that these are covered by the legal privilege exemption contained in paragraph 10 of Schedule 7 to the Data Protection Act 1988". There is no mention of the repossession order, a copy of it, or any thing signed by either of us regarding the vehicle being taken. Please can someone help me with this Cheers mpenn
  2. My solicitor screwed up on my conveyance. I was to start a claim for money compensation against them, can I do this as per the normal route for normal people/civil claims or is there some way I must go via the Law Society or the SRA, LO etc first? Or is the Law Society, SRA, Legal Ombudsman separate for matters of conduct etc only?
  3. I have an alleged debt relating to MBNA for £19k, the last payment relating to this goes back to 2009 and I have zero chance of finding any money towards this. It has been passed from debt collector to debt collector all of which I have manged to fob off without sending payment or acknowledging the debt. Arrow Global then purchased the debt and they latterly engaged Blake lapthorn solicitors who wrote to me threatening court action. I replied to them asking for proof of any alleged debt and also advising them that I was no longer Resident in the UK. Blake lapthorn responded by supplying a copy of a signature box and a few separate pages of T & C's. I replied that the paperwork did not conform to the 1974 CCA and that they should therefore drop the claim. They ignored my letter and proceeded to court where they obtained a judgement, I was unable to defend as being out of the UK, I was not notified in time and the paperwork was sent to an old (wrong) address. I do come back to the UK from time to time, should I try and get this judgement overturned (do I have proper grounds to do so) or just ignore it? Attached is a copy of the application form masquerading as a signed agreement.
  4. Hi, Just signed up looking for some advise on a 4 year old debt that was originally owed to Vanquis. Not going to bore you on the why's and wherefores of how the debt came to be but 2 years ago it was sold onto Cabot financial Services who's letters I have ignored. A few weeks back I received a claimform informing me that Restons Solicitors are taking me to court for the debt on behalf of Cabot Financial Services. I responded to the claim online on the 15th Sept stating I have no recollection of owing any debt to Restons Solicitors or its clients and have asked them to send me copies of signed agreements relating to their claim. I also sent a letter using the templates online to Restons Solicitors enclosing a £1 PO stating I do not acknowledge any debt to them or their clients and for them to send me a copy of original agreement with Vanquis, a full statement of account, a signed copy of assignment to Cabot Financial and any other associated documents within 14 working days of receiving my letter. I received a letter 4 days ago from Northampton CCBC dated for the 15th Septemebr acknowledging receipt of my defence stating the claimant or their solicitor may contact me direct to resolve the matter and if the matter can not be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform me what will happen. It also states that if the claimant has not contacted the court within 28 days of receiving a copy of my defence, the claim will be stayed. If they want to pursue it after that date, they will need to apply to a judge for an order lifting the stay. I have received a letter today dated 24th September from Cabot Financial saying if I want to close the account, they will offer me a 75% discount on the debt (£711.96 payable from £2847.87 which includes all the added charges) and I have 14 days to take them up on the offer. I have not received any of the documentation I requested from either Cabot Financial or Restons solicitors and the 14 day payment offer they have made goes over the time-frame I gave them to supply me with copies of the original documentation. Also the expiry date of their offer is very close to the time they need to inform Northampton CCBC of any further actions they wish to take. They say you should never presume but would I be right in thinking they do not have any copies of original signed documents I requested as surely if they did, they would be sending me them rather than an offer to only pay 25% of the final debt figure? Also should I still contact Restons Solicitors after the 14 days (plus 3 for post) has expired if they have still not sent me any of the information I have requested? Finally if their claim gets "Stayed", what exactly does that mean? All advise will be much appreciated.
  5. hi need help had ccj sent to me from restons via marlin finacial sent defence back saying i was not aware of any claims made against me please send proof of claim,reply was debt was assigned to cabot who have assigned marlin to collect the debt i sent a letter to the solicitors asking for copy of credit agreement and enclosed the fee they sent the lot back sayin they dont deal with it send it to marlin however they also stated this. in any event it may be usefull to explain that there is no longer an agrrement as this was terminated when i failed to comply with the terms of the default notice issued by the bank. so what do i do now ive not sent cca request to marlin yet.
  6. Hi All . after some advise on this please. I received a Cliaimform today from cabot financial (claimant) with the address of mortimer clark solicitors as the address for sending payments and documents listed underneath , for the sum of £557.68. this debt is i think form a old hp agreement from five and a half years ago when i split from my ex (she moved out and all debts where in my name she was the main wage earner ). to be honest i cant even remember what it was for or what company it was (says Hitachi nova on the particulars of claim). i know this and a lot of my other debts are nearing the 6 years statute barred point i think the last payment may have been about Jan 2009. I had this ccj thing crop up 3 years ago for another difrent debt with bryan carter (phoenix recoveries ) this is what i did for that one . i filed a deference with the court saying that i did not know what the debt was for and had no knowledge of it, bryan carter then sent back a letter telling me who the debt was from, after researching the net and different forums i sent back the following letter to bryan carter solicitors CPR 18 - REQUEST FOR INFORMATION After a few weeks i had a letter from them stating the claim had been discounted happy days . the above letter was the only one i sent. and have heard nothing since as the probably did not have all the info required. Now to my main question (sorry about the long winded post) should i do the same with my latest Claimform from cabot , mortimer clark or have things changed since my last success against the debt collection company's Many thanks for all help and replies Vauxman
  7. Dear Sirs, We hope you can help us or direct us to someone who can. In November 2012, my girlfriend was driving and hit by the car behind. She was waiting at a give way junction but the driver in the car behind was not looking where he was going and drove straight into her car. We were contacted by Ai Claims Solutions, a claims management company. The letter we received stated: "Please do not enter into any correspondence or conversation with the other party. It is our responsibility to obtain payment of the charges from the third party insurance company." Subsequently, the third party insurance company, Quinn Insurance wrote-off our car and offered £1,139.25. We purchased the car just under a year ago for £3,800. It is a 2002, left hand drive, diesel Smart car and as it was not listed in the car guide, the insurance assessor estimated a value of £1,139.25. We disputed this as similar cars on AutoTrader and eBay at the time were selling at around £3,000. As a result, the assessor increased the value to £2,079 and we received a letter from Ai Claims to confirm this new amount. We received a cheque for £1,139.25 but after having chased the remainder of the balance, £939.75 via emails and phone calls, we felt we were getting nowhere and decided to pursue the matter through the small claims court. We pursued the matter with Ai Claims as they had been in correspondence with us and Quinn Insurance. A hearing was scheduled in January 2014. Unfortunately, during this time, my girlfriend was diagnosed with breast cancer and we did not attend the hearing. However, the case was thrown out of court as the judge ruled Ai Claims were not liable as they were not the insurance company. Ai Claims then sought the action of the court to order me to pay Ai Claims' legal costs. Thus, Ai Claims hired MTA Solicitors LLP to represent them. A letter was received from MTA Solicitors, Richard Barr stating "I have instructions not to pursue you for our client's legal costs should you withdraw or re-direct your claim" followed by an email "If by 4pm on Wednesday 19th February 2014 you have not notified me that you have discontinued your claim or applied to the court to substitute my client for Quinn Insurance, an application for Summary Judgment will be made, the cost of which I shall ask the court you be ordered to pay." On 7 February 2014 I sent an email to Mr Richard Barr to confirm that I would not be continuing with the claim against Ai Claims on the proviso that they will not be pursuing legal costs. At the same time, a letter was sent to Bristol County Court to advise them of this development. Therefore, in May I was shocked to receive a letter requesting payment of Ai Claims' legal costs totalling £4,459.32. We cannot believe our bad luck and feel we have not been treated fairly. Through no fault of our own, we have a car that has been written-off and a payment received for only a third of the car's value, plus we have been ordered to pay Ai Claims legal costs. This whole situation has arisen from the fact that Quinn Insurance have failed to pay the full claim and Ai Claims have failed to obtain the remainder of the claim. We have contacted our insurance company, Aviva who do not want to get involved and citizen's advice bureau who were unable to offer any advice. We cannot see an end to this. We would be so grateful for your advice or help so that we can put away this worry and stress. Thank you for your time and we hope that there is someone who can help us with this problem.
  8. I'm aware that this is a really old chestnut so I apologise in advance. If the last payment in an unsecured loan was in June 2008. Then the account was closed by the bank in October 2008 (I had no and at all in the account being closed). Can someone confirm that the Cause of Action was one month after the last payment and NOT when the account was closed? Replies very much appreciated and any evidence or examples to prove the above would be fantastic. M...
  9. Apologies if this is covered elsewhere but there is so much information and commentary I cant keep up with the situations. In my case I had a credit card with MBNA and unfortunately established a debt with them. An agreement was reached to repay the debt and regular payments were being made . For no apparent reason MBNA then sold on the debt and it has been "sold" on several times since and I cant keep track of who and when these transfers have occurred but the common denominator appears to be Arrow Global . When MBNA first stopped taking my payments I stopped making any contributions and have not done so for a couple of years to any of the companies claiming ownership of the debt. I have followed the advice of dont reply to these companies and have blocked them on my phone where they do seem to ring two and three times a day often a few minutes apart. Today however I have received a letter from drydensfairfax solicitors indicating that they acting on behalf of Arrow Global and were under instruction to issue legal proceedings with a view to obtaining a CCJ. I am therefore bowing to the greater knowledge of this forum and asking for some direction of what to do or not do .
  10. Hi, Ive just recieved a letter from Mortimer Clarke saying they have been instructed by Cabot to start court proceedings against me and that they will make a court claim in the next 14 days. I used to be a client with Debt Help and Advice Ltd which the debt was citi/opus card at the time, i was told by debt help that citi/opus couldn't provide evidence of the cca so was unenforceable and to ignore any contact from them. Now that debt help have closed down im starting to get these letters, should i do anything or just ignore them?
  11. Hi People, just joined this site today as I need advice regarding the aforementioned firm. Late last year I started receiving text messages from a firm called Henderson International asking me to call them and quote the reference on their text message. I called and they wanted my personal details for verification. I declined and asked them to write to me. I didn't hear anything since. However, today I received a similar text from Bryan Carter Solicitors LLP with a reference number to quote. I called them and ironically their manner over the phone was very similar to that of Henderson International. They started off by asking me to confirm my name, DOB, tel no. etc. I refused to confirm my DOB until they told me what it was about. They said they could not until they verified my identify. They also said that they had written several letters to me, none of which I received....perhaps a very old address. I work in finance and have always maintained an impeccable credit record. I checked my Experience Report today which confirmed that there was nothing outstanding. I am perplexed as to why they are contacting me and it seriously concerns me. I am not sure how I should deal with this? Should I provide them with my personal details for verification to find out what it's all about? My concern is that if they are fraudulent they could use my information. Any advice would be much appreciated. Regards
  12. Hi wonder if anyone could help me here please. going back to 2006 i had a cataloge fell ill in 2007 and could only pay a token payment until 2008 , now i have mc saying they are gonna take me to court , when i first fell ill as i stated paid a token payment , a friend then advised to me ask for the consumer credit agreement i signed which i never signed . the company wrote back to me saying they didt have a cca for me .and sent one for me to sign which i just tore up . didt hear anymore more until a few months back when Cabot started to contact me . today i have received a letter from Mortimer Clarke solicitors saying they are going take me to court . its been just over 6 years since i have paid any token payment or any contact with these people . what i want to know if someone could help . is can they still take me to court, or is this just a bluff to try and get me to pay up. and is this a status barred account . hoping someone can advise me please.and thank you for listening
  13. Hi all, New to this site expressly because hubby's business has received 'the package' today - like Dempsey40, in relation to Mini / BMW and asking £1000. Your comments have so far proved invaluable. Any updates please?
  14. Hi, I've been reading a lot of threads here similar to mine so didn't know if there was any point in me posting but in the end thought it was best to because I don't know what to do. Last month I did a really stupid thing and tried to shoplift groceries from Tesco. It was nearly £200 worth. I was caught, arrested, held in a cell overnight and the next day I was cautioned. I'd never done anything like that before and I'll never do it again, I don't know what I was thinking. I just want to forget about it because I'm ashamed it ever happened but about a week afterwards I got a letter from RLP saying I owe Tesco £197.50. I don't have that kind of money so at the time I was terrified but since then I discovered CAG and after reading up on RLP I've decided to ignore the letter, and any more letters they decide to send. Only thing is, today I got an e-mail from a solicitor company called Buchanan Clark and Wells saying they've been trying to contact me and I need to speak to them urgently. They've given me a reference number to quote but I'm scared of what they're going to say. If I do phone them I'll have to do it outside as I'm 19 and still live at home so I'm trying to hide all this from my Mum and her partner. I know it's completely my own fault but Tesco banned me from the entire retail center the Tesco's store was part of as well, apparently indefinitely, which is really stressing me out as it's practically next door and it's getting harder and harder to make up excuses not to go there... and it's only been a few weeks, let alone however long the ban is for.
  15. hi i have sent Cabot a CCA request on 21.7.14 for an old Halifax debt going back to 2005, which my partner has been paying a token payment of £1.00 since He recieved a replay back from Cabot on the 24th july that they will try and provide the information requested within 40 days Today i have recieved a letter from Drydensfairfax solicitors acting on behalf of Cabot, the usual threats, do i ignore this letter or do i need to reply to Drydensfairfax
  16. I hope you guys will be kind enough to help. I'm currently going through an employment tribunal. 1st the solicitors refused to accept that I have any disability. I provided evidence recently and today they wrote back saying they still refuse to concede my disability status. I sent them my summary Dyslexia report, confirmation letters from GP various medical problems and letters from the companies who help with my disability needs. I also stated some of the effects the above disabilities have had on me. This doesn't seem to be enough. I cannot advise how long I have been Dyslexic other to advise them it could assumed from birth. The other problems in excess a decade. This is what they are saying, I quote: ...The respondent does not concede the claimants alleged disability status. The claimant provided the respondent with information regarding his alleged medical conditions...the documentation supplied does not provide the respondent with sufficient evidence to make a concession in relation to the disability status. The limited documentation provided by the claimant indicates that he has, at certain times, suffered from various medical conditions… 1. They want sufficient evidence which confirms how long these alleged issues have lasted. 2. Provide evidence (medical or otherwise) effects on normal day to day activities including my ability to carry out these day-day activities. I advised I will provide them more evidence in due course once I have them. I already have provided some evidence to them. I am very surprised how difficult they are being. My previous employer has phenomenal resources and has hired an expensive leading law firm. They want this discussed at the CMD and also want various things struck out due to time bar but I wasn't in a position to file my claim then. Further, I have advised all these issues have lasted over a year and or expected to last for life. I am new to all this and self-representing which they are aware of. Many thanks, PS: I have asked for help from elsewhere.
  17. Hello Can anyone tell me if Morgan Solicitors, based at West Malling, Kent, are regulated by The Solicitor's Regulation Authority? and, are they required to be regulated by the SRA?. Thanks for any info.
  18. This is all kicking off this week and next.. if you are receiving letters Check if they are SRA registered. Basically lloyds and other have been sending out scare letter under the disguise of a third party solicitors firm. http://www.theguardian.com/money/2014/jul/04/banks-legal-demands-that-scare-customers http://www.lawgazette.co.uk/practice...042018.article
  19. Hi, I would be grateful if anyone could give me any advice with regards to Lowell and Bryan Carter Solicitors. On the 28/06/2014 I received two letters one from Bryan Carter Solicitors dated 25/06/2014 ‘Sent Second Class’ stating that I have 48 hours to respond but the other letter is from the County Court Business Centre ‘Claim Form’ dated 25/06/2014. This is with regards to a debt from Vodafone for £472 that has never been proven by Lowell nor anyone else and I have never spoken to any company about this debt. I have one CCJ put on my file 3 years ago without knowing that this had been done, I don’t know if it was sent to my old address or something. This is the first letter I have received from Bryan Carter Solicitors about this debt. I’m totally confused what is the best action? I have uploaded both letters in question.
  20. This cowboy outfit have already cost me my home. They were a 'panel solicitor' introduced by Ratio Money to take on MBNA. They were supposed to have all the insurances and financing necessary to do the job. They screwed up their financing, told me two different versions of the facts and then demanded money off me despite the No Win No Fee, then didn't represent. Asked for court fees which my father paid but then did nothing. Then they sent me a very large bill, no complaints procedure, no explanations despite my protests. Months later just sent their thug round to serve a Statutory Demand. I complained to the Legal Ombudsman (LO) who took it up in a halfhearted way and they agreed to get back on track . . . they didn't, took court fees for the second time but did nothing but tried to get their hands on my house. The LO said they couldn't take up a case a second time and the Solicitor's Regulation Authority said it was a matter of quality of service and not their bag! My MP took it up with Ministry of Justice but they never replied. I sent an SAR to obtain the documentation from the file. It timed out, a reminder was sent but nothing was sent by them. I asked for an order from the court but, instead of sending copies of the file documents to me or to the court they sent them to the solicitors for MBNA and sent their man into my house (despite my putting in writing that they should not) again to serve a second SD. This harassment has seriously alarmed my Partner and I'm now being treated for stress and the effects of their actions (my GP has specifically identified this as the cause) and am having to sell my home. I have, of course, applied to the court to set aside the SD. The court have set a date to hear my application in three weeks time . . . . Frankly I'm dazed and don't really know how best to fight this as the latest installment of a two year saga. Any suggestions?
  21. First post so apologies if this is covering issues that others have talked about but I am going round in circles on this one. My husband had an Egg loan back in 2005. He went into a Debt Repayment Plan with Spectrum in 2006 and was paying £1 a month and stopped paying that in 2010. He has received a claim form from Restons Solicitors acting for Arrow Global Ltd and the issue date is 27th May 2014. He's never received anything from Restons or Arrow confirming that the debt had been assigned to Arrow. The Particulars of Claim are very brief: "The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 15/08/2005 in the sum of £3xxx.xx PARTICULARS a/c o: 1xxxxxxx DATE ITEM VALUE 10/07/2013 Default balance 3xxx.xx Post Refrl Cr NIL TOTAL: 3xxx.xx" My initial thoughts were that there was no mention of the fact that it was an Egg loan and no mention of an assignment to them. Also, shouldn't the Particulars be 'clear and concise'???? They certainly are not. I filed an acknowledgement of service online on 4th June. I sent a CPR 31.14 request on 4th June requesting the contract and also requested a default notice, assignment and formal demand. Letter in today from Restons dated 13th June. They've sent the Loan Agreement under CCA 1974 and it's dated 8th August 2005 and signed by him on 13th August 2005. They've also sent us two annual Egg loan statements and shows that the last payment of £1 was made in May 2010. They have rejected my request for the other documents as they are not 'mentioned' in their Particulars. The account number they have quoted in the Particulars is Arrow's reference for my husband, the one on the agreement is completely different. Obviously I need to file his defence asap. I wanted to go down the statute-barred route but cannot as the last payment was received in May 2010. Incidentally, the Egg loan came off my husband's credit file in May as it had been 6 years since he had defaulted. Can I submit that the loan has not been properly assigned to Arrow and/or he's received no notice of this? Also can I get them on the fact that they are solicitors and their Particulars are very poor and therefore he cannot properly defend himself? Any help muchly appreciated
  22. Can I pick some brains please? I received an invoice from a building contractor who had money problems and walked off a job leaving it unfinished. There is no written contract and no stage payments were agreed. The invoice was for less than £500 (for the materials used). I didn't hear from the contractor other than a monthly reminder for payment (no letters, just a copy of the invoice). Then a DCA got in touch 'out of the blue' adding a £100 fee to the invoice. I didn't think this was allowed if there isn't a contract or terms and conditions in place that allows for the addition of fees to the debt? I wrote to the DCA notifying them that the invoice was disputed and advising them that I have since had the work inspected by a third party and paid extra to make good and have the work completed. The DCA by way of response have provided a statement from the contractor stating that I didn't allow him to finish the work. The DCA is owned by a firm of solicitors, but they are not writing to me as solicitors. They are writing to me on the DCA letterhead, but their letter is going quite in depth about the dispute and they have asked me for more information and a copy of the third party inspection report. Surely as I have said that this invoice is disputed, that should be enough shouldn't it? They should pass "the debt" back to the contractor. I don't want to provide them with any more evidence relating to the dispute in case this goes to court. Are they just fishing or as the DCA is owned by solicitors, can they go further?
  23. Received wisdom has it that one should send a claimant’s solicitor a CCA as well as CPR 31.14 request when seeking to elucidate / elaborate upon particulars of claim for a debt. The reasoning is that they are under a statutory obligation to comply with the CCA but not the CPR request. However, given that the defendant can request the court to force disclosure, and that the court will most likely accede to this request, what are the added benefits of the CCA? I ask because certain debt purchasers and solicitors of note have taken to playing silly burgers when sent CCA requests (eg Carter claiming that their ‘client’ is not the creditor). I do not quite see the reason to request something, disclosure of which the court can compel anyway. I know there must be a reason, but I’m afraid it has eluded me. (doh) Enlightenment sought and graciously received. ps Sorry I didn't know there was a separate Legal forum where I maybe should have posted this.
  24. I really hope someone can help me here as Sigma Red and HL solicitors are driving me insane. I had a debt owed to virgin media and was referred to these two companies, fair enough I owe the money so on the 19th of March I setup a payment plan with payments place, initial payment sent of £15 with payments scheduled to go out on the 18th of each month. I had an email on the 14th of May informing me that Aprils payment was a few days late (it went out on the 23rd) the plan had defaulted and they would collect on the 18th of this month. On the 19th of this month I had an email stating that my bank did not allow them to take payment and they will try again over the next two days. On the 20th I receive an email saying thanks for the payment etc. Then I received a letter on the 23rd dated the 19th from HL solicitors saying that I haven't stuck to the payment plan and if I don't pay in full in 14 days that they will take me to court!! Just what the hell is going on here? I setup the payment plan with them, there was enough money in my account to pay on each month, it's not via a standing order or direct debit but POS so it's them that takes the money out, I have no control over that. Argh, what do I do, should I call them?
  25. The background - DG Solicitors took me to court about current account bank charges. They won the case and I have been paying £50 a month ever since. They also go a charging order over the house. There is currently about £1300 left to pay. There is also an HSBC credit card debt of about £9000. HSBC defaulted on the CC and passed it out to metropolitan, but I haven't heard anything from them about this for a couple of years. Divorce means the house will be sold this year, probably. The mortgage is with HSBC. I suspect that HSBC will try to snaffle the £9k when the house is sold somehow. I have SAR'd HSBC and asked for info on the credit card and the CCJ. Still waiting on what they will send me. I also asked for all the DG solicitors files. Now - I'd like to offer some money to DG sols as a full and final payment. What should I ask for as part of the conditions of that? for example: - CCJ marked as satisfied. - negative markers removed from my credit file - no more attempts to collect from them or anyone else - ?? and as for the charging order, what wording word I use for that? That the charging order be quashed? Removed? Annulled? Thanks for your help, Mike
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