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  1. Hi All, We are seeking to claim back overcharged amounts on our account which go back to 2006 to date. We have made a counterclaim against them and they (Kensington) have come back with the excuse that the amount owed to us is statute barred.we have calculated it runs i tom thousands and I find this hard to believe as I thought that in relation to a mortgage we could claim back excess fees and charges up to 12 years or more , I'm not certain. Can someone throw any light on this matter as if they are correct it could mean many of its victims will never see a penny paid back. Even
  2. Hello, I am new to this site and need help on the following – I know it is not legal advice just educated opinions, but any help would be great. This refers to a disputed credit card debt (Halifax/BOS) that was defaulted back in January 2012 (over 6 years ago). In September 2014 the debt was sold on to a debt collection company (1st Credit). I wrote to the debt collection company back then with the following statement: Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have
  3. Hi There. My wife has just received through the post an attachment of earnings form from the MCOL Business centre. A CCJ was awarded in default as was sent to a previous address. My wife only found out about it when she received a Noddle credit profile change notification. She spoke to Robinson Way who advised it was issued at a previous address. She gave them our new address and interestingly the attachment of earnings form has come through to our current address. Details of the debt: Original creditor was Egg (so suspect any CCA would be "interesting" to
  4. Hi all, I've got an SAR back from HSBC today. The last payment I physically made on this account (Loan) was on 28th June 2010 (a long time after it had defaulted). However I made a PPI reclaim on it which was credited to the outstanding balance on 16th June 2016. On the SAR this is listed as a payment from debtor. Would this have reset the statute barred clock, even though this payment was made without my consent? (Outstanding balance is now £1950) Also they haven't been actively chasing it, I only received a letter on the date the PPI reclaim went through askin
  5. Howdy! Entering a Token Payment Plan with StepChange as been avoiding creditors for long years now. Could someone tell me how to find old bank account numbers, old ref numbers to finish off my paperwork for TPP? I haven't kept any old letters etc, and I'd like to avoid ringing creditors at all costs. My credit report doesn't exactly show ref numbers. Is it actually crucial to find them anyway? StepChange said it would greatly help.
  6. Last payment to credit card 20th October 2011 was sold to DCA October 2015. No payments until now (13/2/18) Have been speaking on the phone to DCA and sent couple of correspondence emails, with debt reference in subject field. I'm worried that in one of my emails I may have accepted liability? just being paranoid This what I wrote.... may 2017 Hi, I've not had a chance to contact you because I've had problems with my housing situation. I had to move out of my friends where I had been living for the last 2 months.. I've found another place to live temporarily...
  7. I took out a loan with Minicredit for £100 (minus their £20 for a faster deposit, so only £80!) in May 2011. In July 2011 I offered to pay the original loan + one month's interest (£125) but never received a reply, but they did continue to add charges to the amount outstanding right up to them defaulting the account. The account defaulted with all their made up charges at over £800 by September 2011. Opos/Kapama have chased this debt since some time in 2012. They stopped harrassing me by email and voicemail messages (I never pick up) last June 2017. The debt fell off my credit f
  8. Hello everyone, Please be nice, I appreciate this trouble was something that happened when I was not as smart around money. I have learned my lessons and now doing well. The problem I have is a company I used to be a director of. My partner left the country and me saddled with the personal overdraft guarantee of £2000. No other debts. It is difficult to remember all the details, but I remember it was for an overdraft with barclays commercial banking. I had to dissolve the company, appropriately notifying companies house. This all happened without a problem.
  9. I have a statute-barred loan originally from Lloyds which was sold to various debt collection agencies over the years. Today I received a letter from Capquest informing me that they are paying a refund from Lloyds into this loan account. They say: "Your Notice of Sums in Arrears, or NOSIA, should have been dated 1/2/2008 and you should have received it by 14/12/2008, so we're including a corrected NOSIA with this letter and refunding you £69. This amount covers the period between 15/12/2008 and 01/02/2018." My questions are, can they do this? Does this mean the loan
  10. Hey, Got a bit of a strange one here - I have today received a green letter from Lowell Solicitors saying that I have not paid the £50 instalment on a CCJ they have obtained on a VERY old Orange mobile phone account. This is the first letter I have ever received about this naturally, it made me check my credit file where low and behold - a CCJ has been placed under my old address (not lived there in almost 7 years). This letter says that I have got until the 11th December to make the £50 payment or they will recommend enforcement action. My issues are as follow
  11. I have two statute barred student loans from 97 and 98. I am finishing my degree and was told by student loans company that I have no outstanding debt and that I could proceed with the finance application. I have now been told that: "We have had confirmation that the balance is statue barred, however, this does not wipe off the debt from your account. As you are in breach of the original loan agreement, you will remain ineligible until such a time as the arrears have been cleared in full from your account". I will be derolled if I can't get the loan to pay for the tuit
  12. Hi all, I became a carer for my parents way back in 2007. To do this I had to give up my business and as a result had my home repossessed. As my mum had dementia and declined rapidly I had little time and even less inclination to deal with it all, and dug my head in the sand. At the old property (by that point I was living with my parents) I had a lot of debt letters and just left them there. Only 2 creditors are still chasing me via debt companies. They are both credit card debts. I sent 1 of them the statute barred letter as they turned up at my door the other week.
  13. Hi I have received a claim from Northampton County court business center, for a debt I am certain is statute barred as after checking my credit report online the last payment I allegedly made was in June 2009 I say allegedly as I was unemployed at the time and had been for 6 months, hence why payments had stopped. The debt was on a Barclaycard which had payment protection on, I contacted Barclays when I was made redundant to ask them to stop the interest and make a claim on the payment protection, they refused both of these requests and asked me to phone their in
  14. Hello all, Friend of mine asked if I can check something for him. Is his debt written off after 6 years? For example letter had arrived today from DCA and debt last payment he made was on 01 Jan 2012. That when he made last payment. Does DCA 'reset's almost 6 years period of time? Thank you!
  15. Hi and thanks in advance for any time and help . Been meaning to post for a while , a letter that arrived yesterday (29/9/15) has spurred me on , My wife a number of years ago had run up a £10k Yorkshire bank visa card debt. When I looked into it earlier this year when she told me about the debt it seems (according to noddle) she received a CCJ dated on her credit report on the 1/10/09. The letter that arrived yesterday from the county court is titled a "general form of judgment or order" and goes on to say ," It is ordered that ME III limited be substituted
  16. Hi, I received an email this afternoon from Robinson Way chasing a debt of around £4500. This debt fell off my credit report in June this year, and I think its statute barred, although I don't know if I ever made payments that have not been recorded and I have changed banks since so its not easy for me to check I think I understand the burden of proof is on them but I am unsure what my next move should be. On my credit report it stated 'owner gone away' before it fell off. Thanks in advance for any advice.
  17. Just trying to get this clear in my head, old car purchase properly terminated via section 99 sold on to various DCA usually gets to letter before action send copy notice and lenders admission they ignored notice see you in court it goes away for goodly while has just resurfaced ( with massive discount on alleged amount) but it is now since 2009 when the first alleged debt was claimed. As I understand it all the time the DCA contacts me and to avoid going to court I respond saying I do not acknowledge debt here is proof they can keep passing it a
  18. Hi, Sorry I don't know a whole lot about this but I have suddenly had three old debts pop up from different debt collection companies threatening me with further action etc. It seems to have happened as I made an inquiry with a PPI company a few months ago but didn't bother going any further and I am now wondering if that has opened me up to all of this. I think these three debts are statute barred as I have not made any contact whatsoever or made any payments or acknowledged the debts for at least 7 years, maybe longer but knowing how sly some of these companies can be, I wouldn't
  19. Hello, In 2007 I received a letter about a mortgage shortfall from December 2002, a payment had not been made to the OL since around April 2002. The OL sold the property in 2002 for around 40% below market value (in comparison to other properties in the street that were sold around the same time) and valuation. I sent two SARs to the OL (The Northern Rock) in 2007 in order to see how the outstanding monies for the property could be at such a discrepancy to value, I wanted to ensure that CML guidelines had been followed correctly and that best value was attained. No
  20. This not my debt or my fight, BUT.. A friend has contacted me re a debt they once had but had long since forgotten about. Out of the blue in September 17 they received a County Court Judgement issued by the bulk mailing centre of the courts from Northampton, judgement was awarded by default to the DCA's solicitors/DCA The debt was in excess of 8k, I suggested they wrote asking judgement be set aside and for it to be transferred to their local Court. The issue is two fold, the defendant (my friend) seems to think that the last payment they made was in 2009 thus putting the d
  21. Hello everybody, I am acting for my partner who had PPI added to his Capital One credit card account one month after he took on the credit card. He did not sign or tick a box to accept PPI. He was quite clear to Capital One during the application process - he didn't want PPI. One month after he signed the agreement, Capital One telephoned him and asked him to have a direct debit. He said yes to the direct debit. He always worked very long hours so did not notice until last year that Capital One had added PPI to his account the same day as that phone call. As soon as he not
  22. Hi everyone, moderators - please move this post if I have posted in the wrong forum. I have discovered that 1st direct have registered a default against me, in 2014, for a Barclaycard debt unacknowledged since 2003. I only found out when I was turned down for a bank loan this year (from a bank where I've had my current account since 1984!) Having read these forums, I realise this isn't that uncommon, although it seems completely immoral and unethical to me. I have submitted a SAR to Barclaycard, but they have said it will take up to 40 days to reply (and to ring if it stil
  23. I was 20 when Halifax said hey, fancy a £10k overdraft limit and a £7,000 loan at a large APR. Stupidly I said yes. I tried to keep up, but failed. We're 11 years down the line, the debt has passed around from place to place. I moved a few times, they chased, but I never answered a single letter or phone call. 2013 it went to Arrow global, after that I found letters from capquest offering negotiations, Arrow again seemingly, then a month ago Blake and Morgan claim to have purchased the debt and asked me how much money I earn. I ignored and today received a
  24. Question regarding Statue Barred If you have been overpaying on a unsecured loan and then stop paying, but because you have been overpaying you have built up a reserve balance of money which then continues to service the accounts minimum payments for the next 6 months. When is the statue barred date? e.g. Physically stopped paying money into the account August, but the minimum repayments were being serviced by the overpayments balance till March the following year. Also can someone confirm (as I have seen conflicting information on various websites) is it SB from the last p
  25. I hope this is in the correct sub forum Last week I sent a statute Barred letter to Restons Solicitors for an debt that falls under the statute Barred law for an alleged debt to Capital which seems to have been sold to Cabot Financial I did not sign this letter I have recieved a county court claim from Northampton to which i have acnowleged for the same as well the day i sent this letter A copy of the letter was also sent to Cabot This morning i have received a reply from Restons more or less saying that i have sent them a "Draft" letter which purports to come from me which
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