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Found 16 results

  1. Hi, This is my first post here, so forgive me if I am covering old ground. I have a Barclaycard debt of just over £1500, that unfortunately went into default when I lost my job a few years back. I had been paying BC an agreed amount of £22 per month ever since without any problems. However, I recently received a letter from BC telling me that they had assigned the debt to Link Financial and that I should now make payments to them. I haven't done anything so far, as I have read in various places that I shouldn't have to pay anyone other than the company I owed originally. Is this the case? I have read about sending them three templated letters followed by an Estoppel notice - is this the correct course of action to take? I also understand that they could have bought the debt at a greatly reduced cost - should I offer something like £250 to try and settle the debt? Or, is everything I've read false and I should just start to make payments to Link in the future? I'm getting unbelievably frustrated with the worry of this, but I don't want to pay anyone who's not entitled to it. Surely if BC are prepared to take a far smaller amount to settle the debt, they should offer this to the person owing the debt first?
  2. Name of the Claimant ? CABOT FINANCIAL (UK) LIMITED Date of issue – 15 MAY 2017 What is the claim for – the reason they have issued the claim? “ 1. By an agreement between SAINSBURY’S BANK & the Defendant on or around 20/10/2010 (the’Agreement’) SAINSBURY’S BANK agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payments due & the Agreement was terminated. 3.The Agreement was assigned to the Claimant. 4.THE CLAIMANT THEREFORE CLAIMS £2200.” What is the value of the claim? £2200 Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? After: (around October 2010) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. The debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes – aware; not sure if Cabot is the first assignee (I tended to ignore all correspondence from debt collection agencies) Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? My husband became disabled, was granted ill-health retirement by his employer and is now in receipt of PIP. We had a number of sole & joint accounts between us. We wrote to all our creditors (banks and credit card companies) explaining the situation, and they all, without exception, issued default notices, terminated the Agreements, and assigned the debt. What was the date of your last payment? February 2014 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Yes we communicated with all creditors, explaining our situation. They all seemed to accept that we were so straitened, that repayment was not possible, and they all assigned the debts. Hello I'm seeking help with a County Court summons that I've received from Cabot Financial; I'm doing my best to follow the advice here on CAG and, to this end, I 'm following the instructions contained in the thread "You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014" I have a question: how should I fill in the N9B form? Should I tick the box that says "I dispute the full amount claimed as shown on the claim form"? If so, what should I state as my defence?
  3. A bit of background, when I got my first job after being a student circa December 2008 I got my first CC - a Barclaycard Platinum. Within the space of 2 year they'd thrown a £9,500 limit at me and having something of a love for travel back then it got used up. At the time I was living at home with the parents and therefore regular payments of £600-700 were not a problem to keep the balance going down faster than it went up. Roll forward to 2013, I move out and start renting, the Barclaycard becomes my only source of 'offset' spending and the payments I'm able to make drop down to the minimum amount of around £200 which when combined with interest barely shifts the balance and it slowly rises and hovers around the £9000-9500 mark for about a year - some months it crept over the limit and I'd have to find the funds to get things back in check. In 2014 I admit defeat and go on a payment plan, they refuse to freeze the interest but do reduce it and my monthly repayment goes down by around £100. I keep to that plan and when it expired I renew for another year. When that second plan expired they refused to offer me a third agreeing only to an informal arrangement of £110pm but with frozen interest which I've kept to. The months on the informal plan appear on my credit file as months of sustained arrears. On November 28th I received a letter saying my debt - which has now reduced to £5700 has been transferred to Link Financial who I've yet to hear anything from. The letter from Barclaycard says I should go on paying them until I have details for Link and any funds will be passed along, my informal agreement will also be honoured for at least a further 6 months. Since the debt is no longer with BC, should I continue making payments to them or stop payments all together until Link get in touch? if the answer to that is yes, will not paying anything in the meantime put me at a disadvantage when it comes to them continuing to honour the informal arrangement? will I in a sense forfeit that arrangement. I've also read horror stories about Link and they're love for CCJs, how likely are they do this if payments to a debt are being maintained? the thought of a CCJ fills me with horror as I work for a company who deals with Pensions and as part of that I get credit checked every other year - I don't know what affect a CCJ would have on that check and I'd like to avoid having to find out! Am I stuck in a state of limbo until Link eventually pipe up? I've seen people speak of full and final offers, were I in a position to make such a proposal in a few months time - assuming they bother to get in touch - would a history of paying a decent chunk per month go massively against me compared to someone who has paid £1 for instance? would they see I'm good for more and try and rinse me for every last penny? Thanks in advance for any advice, it's stressing me out no end.
  4. Brief background summary. I had a loan with bank, defaulted and they got judgement and charging order. Took bank to court for PPI on the loan, got default judgement and warrant of execution. Bank applied to get judgement and warrant set aside. We reached a compromise that they would reduce balance of judgement and charging order and amend the same accordingly. They have since sold debt without reducing the balance or amending judgement or charging order. Whats the best way to handle this? can I claim damages? Thanks in advance.
  5. My wife has an old credit card debt of around £5K. It went into arrears and a DMP (CCCS then self-managed) several years ago. The debt was sold on to a bank who have recently sold it on to a DCA. The DCA can't provide a copy of the CCA - I didn't expect them to be able to - but still want the full balance. They also can't provide any proof of the balance they claim by way of statements. What are the implications of stopping all payment. I know it used to be the case that a debt without a CCA could not be taken to court, but is it right that courts are now more lenient with the creditor if proof of payment history is available? I don't want to name any names at this point, I'm just trying to establish the principles and current experience.
  6. I have just received a claim form from the court. Lowell's are claiming for a credit card with Lloyds. I have not heard anything about this debt for years. I found an old email that I sent complaining about lloyds (to a consumer action group) because they were harassing me by telephone-this was in 2008. I also stated in the email that I had been paying it but was in dispute with them so had ceased paying. I am pretty sure I would not have made any further payments I think it might be statute barred but I am not totally sure. Could someone please advise me as to defend as in dispute with original debtor (I think they are not allowed to pass it on to a creditor if in dispute?) or if its better to try and get account details from Lowell and copy of agreement, assignment etc to see if its statute barred. Thank you
  7. Good Afternoon, Apologies if this is in the wrong forum. I'm about to send off a SAR with regards to a problem with AMEX and Allied International and a breach of DPA, amongst other issues. Allied International are purporting to be representing AMEX as an agent and as such are effectively working on behalf of AMEX. With this in mind, will a SAR sent to AMEX be enough to gain access to Allied International actions taken on behalf of AMEX? Thanks in advance.
  8. Hello I signed up, many years ago, for a tradepro account/ credit card. I was approached in the street and signed a credit agreement in March 2006. The amount i spent on this card was approximately £2800. I made payments and then unfortunately lost my job. This is when the fun began. I tried to be reasonable with this company and they eventually took me to court in 2010. I stupidly didn't attend although i did try to defend by letter and judgement was granted. They then proceeded to place a charging order/ restriction on my house. They then passed the debt on to Marstons debt collectors - who added charges, costs, visits to this debt and it totalled approx £6000 in the end. They threatened to take my car, frightened the kids to death . I managed to get tradepro to call them off and the last letter i had from them was in june 2011, a statement of account saying i owed £4100. I have not had any contact since and have been too scared to do anything other than worry about the charging order and then all of a sudden i get a letter of assignment from Hoist Portfolio and a debt collection letter from Robinson Way asking for payment. Im not sure where to go from here. Please could i have some much needed advice?? Thankyou in advance.
  9. Hi all I have an old Grattan debt that has now been taken over by Grattan's. With Grattan's bizzare accounting system they had divided the account into two: Up until a month ago there were two Grattan accounts on my credit file, one was a default and the other showed as settled and dated 2011. - Neither show on my credit file now??? I had CCa'd Grattan and got this response: Dear.... Your email has been passed for my attention with regard to the above numbered account. With regard to your request for a copy of the agreement unfortunately your request for information under the Consumer Credit Act 1974 does not comply with the requirements for such under the act, and therefore we are under no obligation to furnish you with the information requested. I trust this resolves your enquiry, if I can be of any further assistance please contact me. Yours sincerely I know this is bogus (well I hope so) and the fact that they did not supply an agreement puts the account into dispute. Lowell however are ringing and sending their letters. They have just sent me a statment of account for both accounts. I am worried that they will now place a default on my file. Do I send them a prove it letter and if so which one?
  10. Hi, I have been lurking on these forums (and Google) but cannot seem to find any information about the problem I currently want to resolve. I took out a Wonga loan in 2012 which was assigned to Portfolio Recovery Associates U.K. Ltd in June 2013. I am currently on a DMP with Step Change and I am repaying the loan to PRA. I'm aware that Wonga has had to write off loans which were in excess of 30 days in arrears (which mine clearly is) and would not have been approved under the new affordability guideline. I am certain that my loan falls into that category as I was unemployed at the time. My partner took out a loan not long after me, he was employed full time and got into hundreds of days in arrears. However, his loan never got assigned to a DCA and he had made a few payments through Step Change with his DMP. His debt has been written off. Surely because my debt has only been ASSIGNED to a DCA then Wonga should still include my account in the affordability check scandal? I have been emailing Wonga on 5 different email addresses I have found every day but have not yet had a response.
  11. Can anyone help? I have some large credit card debts on about 5 cards. I have sent a standard letter asking for a copy of the CCA and had replies back but some seem a bit dodgy. I'm no expert sp I joined the forum to see if there is any help here for me. Do I tell them that I dont think they have complied with what I asked for and put the account in dispute and pay the £10 for the SAR? Are they legally entitled to chase me for payments while the account is in dispute? I can post documents if anyone wants to have a look. Cheers
  12. Sorting a debt out for and elderly relative.. Notice of Assignment came on Friday, but the OC are not quite sure who to assign it to just yet lol.. They say it will be assigned to one of the following, possibly.. Freds Moorcrap Robbers Way Buchannan Arse & Smells 1st Crud
  13. Hi guys I have been in serious debt for about 3 years now. However I changed my life around after receiving some therapy and have been successfully managing dealings with the various credit card companies since day 1 of that 3 years. I have been using a government sponsored scheme to negotiate with the creditors to a)pay them reasonable amounts b)freeze the interest so I have some hope of getting out of this mess. I have had success with all the credit card companies with both of these points and even paid 2 (of the 5) full and final settlements with the help of my mother-in-law. They accepted 32% in both cases saving me a massive amount of worry. 2 of the remaining 3 I have agreements to pay them a token amount until May of this year (having rejected my F&F) but the third one, Opus , have just sold my debt without telling me to a DCA. I have never had any dealings with DCA's but reading some of your very helpful advice on other threads they don't seem a particularly pleasant bunch. I have no argument that the debt exists as I definitely owed Opus and was paying them an amount each month - and having spoken to Opus they say they have definitely sold the debt to the DCA. What I would like to know are your thoughts on whether I should just continue paying these people the same amount I was paying Opus (all I can afford) and whether I should offer them a F&F in my first dealings with them. I just want this to go away and I have this offer of help from my mother-in-law but only up to a maximum 32%. Also are they entitled to see my Income and Expenditure? It's worrying me tremendously. I should mention that I was diagnosed with a neurological terminal disease a few years ago (one of the reasons I got into so much trouble) and have serious mobility problems as a result. However in my own way I fully intend to be around for a while yet smiling all the way (as long as I can get rid of this debt!). My wife is long suffering and completely out of this world. A diamond. I would be really grateful for your thoughts. Cheers bathtime
  14. So one of my creditors has assigned my debt to a DCA. The OC has defaulted me on my credit report. I have set up a repayment plan with the DCA therefore payments are not showing with the OC on my report. Should the OC be reducing my amount on my report? or should the DCA now show on the report? Can I get the debt sent back to the OC and have them place 'arrangement to pay' on my report. Does it really matter as, as soon as the debt is paid off it should be settled on my report.
  15. I have been checking my credit file regulary.I have an Mbna card which was defaulted in 2010 It says that the debt has been assigned but not to who. As the balance is just over £1800, why hasn 't a DCA come forward to claim their prize ? I am not hiding and the CRA has my current address, is this unusual ? Any ideas ?
  16. My CC debt has been assigned and sold to a DCA. There are substantial PPI charges on the account. The original credit agreement cannot be produced as it is from the mid 90's and no further recovery action has been taken. I, however, have plenty of statements showing PPI being charged. If I start a PPI claim am I at risk of being thrown into court for the CC debt despite them being unable to provide the original agreement? thanks
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