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  1. Hello all, I'm in need of any help or advise I can get here, I received a claim form from the county court made by Hoist portfolio holding 2 ltd on behalf of santander UK plc for unpaid overdraft of £1175.08. The original account was with Aliance & Liecester which I opened some time in 2004 as just a basic current account then upgraded later on after about a year or more to a full current account with overdraft facility rising from £500 to £1000 then was closed some years ago when I fell into financial difficulties even before Santander acquired A&L. Before now, A&L have taken all sorts of charges and exploited my situation from charging me for inadequate funds for direct debits to charges for sometimes going over my overdraft limit even by less than a pound, then when I wasn't forthcoming with payments for these charges anymore due to loss of job,the account was closed. I was ignorant about the fact that I could have challenged for unfair charges at the time . I feel very bitter now that santander have passed this on to Hoist Portofolio Plc and i cannot remember receiving any notice before the court claim. Matter of fact, I feel so bitter about this that i wonder the possibility of counter claiming against them for unfair charges. But for the time being i will need some sort of records as i have long disposed off records about this account, can i request a CCA? please any advise/help is welcomed.
  2. Hello all I have been having a problem with O2 I defaulted on a phone contract . They have now passed it to Westcot. The contract was one of the newer contracts which gives you a contract for the phone and a separate agreement fro airtime . I am not denying the debt and want to pay O2 but they keep referring me to westcot. from the library I sent them the cca request and the reply have come back which I have uploaded . I just want so advice what to do next. Thanks Brian
  3. Hi guys need some assistance helping my elderly neighbour with this claim and who is regrettably not very computer literate. The debt is an old Vanquis card. I have filed the AOS online for him and sent the CCA to Cabot and CPR request to Wright Hassell. I have not drafted a Defence yet as its early days but would appreciate your views on anything else I should do/be doing at this time?? Actually not sure if there is a Defence as such to this but am rather hoping that the DCA will have trouble obtaining the CCA as the account was opened in 2006 and presumably this will be required to enforce any claim?? Name of the Claimant ? Cabot Financial UK Ltd Date of issue – 11/05/15 What is the claim for POC (including spelling mistakes) Claimants Claim is for debte arising from Consumer Credit Act 1974 Agreements. The Claimant is an Assignee of the following debts , notice of the assignment having been given to the Defendant in writing. Vanquis Credit Card a/c xxxx 1654.xx. Despite demands for payment the above sums remain due. The Claimant therefore claim the sum of 1644.xx interest under s69 County Courts Act 1984 and costs. What is the value of the claim? £1839xx Is the claim for a current or credit/loan account or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? Before 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. It is the debt purchaser in this case Cabot Financial UK Ltd Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? - Possibly Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? - Financial Difficulty What was the date of your last payment? Aug 2010 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 managementicon plan? No
  4. Won a motorbike off Ebay on 30th May, paid via bank transfer the next day as Paypal doesn't offer protection on motor vehicles. Was described as fully working, just had an MOT. Got a courier to pick it up and deliver it, received it yesterday, wouldn't start, had to buy a battery charger, discovered battery is knackered so will need to be replace, there may be other issues but hopefully not. Where do I stand on this with it not being as described? Can I make the seller reinburse any repairs I have to pay for? Or if I really wanted to could I return it? Thank you.
  5. Hi please can anyone help me with some advice? I have received a claim form from the County Court, Cabot Financial (UK) Ltd are suing me. It says that I owe Lloyds TSB £413.17. I don't owe Lloyds any money though. I did have an account with them but I closed it because I didn't use it. It was a zero balance when I closed it. I have looked but I no longer have the paperwork for this. I want to defend this as I don't owe the money, but I am scared as I have never had to do anything like this before. Does anyone have any advice? Thanks
  6. Hi hope someone can help or advise me H I'm receiving letters from Akinika they said I owe DWP £1,384 they have already sent me 2 letters and today's one said if I've not paid them this amount in 10 days they will pass this to their solicitors Wright Hassall LLP, but when Dwp first asked me to pay this back I called them and emailed requesting proof of this debt as I do not have any recollection of this debt, I was on income support for a year that was 13 years ago they over paid me and it was all taken back or I presume as I heard no more that's only thing I can think of,anyway I received no proof and saved emails I sent them I also called dwp and asked them what is was for so they passed this on to a Akinika and now threatening me with their solicitor to make legal proceedings. Should I contact these people asking for proof of debt also?? if I owed the debt and had the proof I would pay it back and offer an amount each month I'm not refusing I just want proof this is my debt. Hope someone can help as I'm starting to worry only my husband works at present as I've two boys to look after all I get is £100 pounds a week and that's to pay of my other bills I'm considering step change if I owe this debt to help me out
  7. Dear All New to this site and have been reading through today. Thankyou in advance for any help you can give me with this issue. I had an HSBC current account dating back to 1994 when I was a teenager. Later when I was a university student they gave me an overdraft with limit £1000 in approx 2001. After losing my job in October 2008 I no longer had an income to put into the account. interest charges took me over the limit and HSBC then put on excess charges for being over the limit and additional charges every time they added more interest taking me further above the limit. After a few months after informing them of my situation they subsequently took the decision to convert the overdraft into a loan. I could not make the loan payments (I'm not 100% if I paid the first one or not) and the account went into default. Either just before the default or maybe a month or so after I sent out letters to all my creditors with offer of a token payment of £1. Although I'm not 100% because of the length of time passed I am assuming I would have written to HSBC who were the second biggest creditor. Again I may have also made the first token payment but unsure if I did. I don't have a record of the default notice from HSBC in my paperwork and do not remember if I received one. In fact the only paperwork I have on this account is a DCA chaser letter from a company called Direct Legal and Collections. For the next year or two I received various chaser letters from Direct Legal and Collections. All of which I binned. Having checked my Experian two years ago I saw an entry for the debt default logged by Lowell Portfolio. This was along with a default logged by HSBC for the same amount with defaults 5 days apart. Both in may 2009. Agreement start dates also differed (HSBC 2008 Lowell 1994). The account number/details also differed. HSBC default was for the new loan account whereas Lowell claim is under the original current account number (although they refer to it as a loan on Equifax/Experian). I also do not have in my records a letter of assignment of the debt to Lowell. Earlier this year I queried the double entry with Experian who contacted HSBC and they removed their record. I have had no other letters about this account for a number of years. Account number on the Lowell record and on the DLC letters differ. A letter has been sent to my mothers address (my original address but I did update HSBC with my change of address in 2009) from Bryan Carter Solicitors who have been instructed by Fredrikson International to commence legal proceedings unless payment is made within 14 days. What would now be the next step?
  8. Hi all, My (soon to be) brother in law, may have to soon start taking Barclays Bank (Charges etc) to court. My BIL works 9-5 (often later) as a Social worker. He does also not have the knowledge to pursue a case like this. Is it possible that I could handle the case for him? I mean a)Could I get him to sign a form of authority? Would this be acceptable to a court and Barclays? b)Could I engage Barclays in the pre-court protocol? c)What would I put on the court forms? d)Could I attend/represent him at hearings e)What would happen to the monies won? Thanks and Merry Christmas Harry
  9. MBNA have confirmed to me that they only have page 1 of my application form from 1993. They have nothing else relating to my application. They quote the Carey case and say that not having all the paperwork is not an issue and that I must continue to pay. I do not want a bad mark on my file but surely I can reclaim all the charges and interest and ask them to stop all interest and charges from this point on? What is my best course of action? thank you.
  10. HELP! I had a loan with Lloydstsb that in 2011 went to Westcot. After 2 years paying Westcot monthly instalements (7k in total!) I still own according to them, same amount as owned Lloyds in 2011! Question is: how to find out if the debt was "sold " to Westcot? LLoyds would not discuss the matter with me at all and will only transfer my call to Westcot. Is it worth to pay off a lump sum? or to stop all payments to Westcot at this stage?!!! Help!! Thanks!
  11. Hi All I have received a claim form from Northampton ( CCBC ) 04 Apr 13 in respect of a credit card agreement between myself and the Claimant Britannica Recoveries S.A.R..L - Mortlake acting for MBNA with an accrued balance of £5509. although now £5819 including court and solicitor fees. I admit i have over the last few years run into financial difficulties because of divorce and been left with a lot of debt and a mortgage to cover. Depression followed this and my head went into the sand. During this time i read about not paying debt for a while so try and establish a full and final settlement. I wrote a letter explaining my situation and made a fair offer which they refused so i thought ok i will ignore them for a little longer, but now i am in this situation of court proceedings.. I am seriously worried as i do not want this CCJ against my name yet if i agree to paying so much a month from what i've read in the last few days this will happen. I have no recent statements regarding this debt, but have thought of applying for some although I'm concerned about time. I have read loads on this site yet i am so at a loss as what to do to prevent this CCJ, is requesting a CPR31.14 a viable route or should i just accept my fate?
  12. I'll keep the names of the parties involved anonymous. I received two letter yesterday from a debt collection agency on behalf of a utility company for two amounts; one for say £300 and the other for £400. This arose from last year when I was living with three international students, and we were all named on the bill - I paid my quarter promptly, however the other three left the country without paying. I am still a student and having to pay someone elses debt doesn't really appeal to me greatly. I have remained in the same property and my landlord has gone on the new title for the bills (we now have prepayment meters installed) and as far as they are aware I do not live at the property. The letters demanded payment for today's date even though I had only received them yesterday. I know that strictly in law I am liable for the debt even though I moved out of the property to return home for summer before the three international students. I informed the utility company of this but they refused to take my name off the bills after I had paid my share because the other three international students had also gone home for summer and it made it impossible for me to get their consent to take my name off the bill. Therefore, the bill ran up is from the 3/4 share that was not my bill as well as any more ran up after I left the property. The landlord has already covered for me and said he will continue to do so - my housemates have also said the same, so on paper I do not live at the property. My plan was to continue living at the property for another two months and ignore the letters. If I did this what would be the chances of them tracing me to my home address? If they found out I was living at the property I planned on disputing the amount for the facts mentioned above (my solicitor says that it is definitely grounds for dispute; this therefore returns the financial arrangements to the utility provider, cutting out the DCA). Another option is ofcourse to send a prove it letter but I do not want to acknowledge that I still live at this address for another couple of months. Your help, opinions and advice would be greatly appreciated!
  13. Hi all, I would appreciate any help I can get re this issue. My wedding was booked for 27th April 2013. The relationship ended at the end of October 2012 and I emailed the hotel to advise them of the cancellation. My contract states 75% of the total wedding balance is due if cancelled less than 6 months before the wedding date. I notified the hotel 1 week within the 6 months. I am now being chased for this 75% of the total balance by a debt collection company. When I initially contacted the hotel to inform them the relationship had ended they insisted that the balance would still be outstanding regardless of the circumstances of cancellation. I notified the hotel via email and have heard nothing until today when I received a phone call and (unpleasant) text message from a debt collection company who have informed my they are being instructed to contact me on behalf of the Hotel and have issued a 'Notice Before Legal Proceedings'. Nothing has been received in writing regarding these proceedings prior to today's contact, of which I have since only received a brief email (on request) from the debt collection company today. However I must admit I didn't provide them with a forwarding address (they do have my email address and contact number). My ex-partner may also have received the same phone call and text message from the collection company but since we are not on speaking terms I cannot be sure. He may also have received prior notification of the debt but I am not aware of this. Do I have any rights to dispute this supposed debt? Is there anything I can put in writing to the company? Many thanks in advance.
  14. Hi Just a quick one hopefully. My partner has had one of their letters sent to her former address, her parents home, last week. We've sorted some things in the past with the help of all you excellent people, but it's been for debt that she was aware of This appears to be unknown or very old. The only loan or credit my partner has has in the last 3 years has been a wonga loan, but this has been repaid in full, I've checked So, my question at this stage, is do we even contact them. Do we phone and if so, how much info do we give out. Do we write using the 'no knowledge of this debt template' or do we ignore it thank you
  15. hi all id be really greatfull if i could have some advice i used to take out loans with a firm called morses door step collection sort of loan i had a few of thease 1 after the other(very tempting when an agent says do i want 500 quid now your loan is paid up) i was told id paid up by the agent and not long after met a wonderfull woman and couple of months later i moved in with her 50 miles away from my home and lost contact with the agent... then about 18 mths ago i got a letter from a company called robinsonway ltd saying i owed £2711 i thought it was a joke an ignored it then got a letter saying if i paid 10% the debt would be cleared ignored also, then in jam 2012 i got a claim form from northamton county court stateing they (robinsons) want to take me to court, i went on the .gov website and gave a defence that i never had such a loan and maybe someone took it out on my behalf blah blah and asked them to prove with documents that i owed this money as of today i have not heard anything more on this matter rang the northamton court and they said my defence was sent to them and they have put my case on hold permatly.and they will have to pay to reopen the case, i know i never borrowed this amount but i am worried about all the intrst they are charging as follows amount claimed=£2711.91 court fee=£75.00 solicitors costs=£80 total amount=£2866.91 plus it says in the court papers they are charging me 8% per year and a daily rate of 0.48 and costs #] would it be wise for me to call robinsons to see if they are still persueing this or should i just wait for a bailiff to knock im just worried that they will do this and take my belongings car ect as i have read so many horrer storys thanks for looking jason ...
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