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Found 58 results

  1. Today i got a letter for my son he no longer lives at our address and has not for some time. He has had a lot of mental health issues and is diagnosed Autism, learning disabilities and also depression. At present he resides in a care home with his only income DLA and ESA. out of that money he has to make part payment each week towards his stay in the home. He has to pay £100 per week towards his care which he pays out of the money he receives. he called around today to get his post and in there were a couple of letters one from the court and one from cohen cramer... the court letter stated that he had not replied to the form and therefore it was judged that he owed just under £500 and should pay £50 per month starting the 14th November. .. the other letter from cohen cramer said the payments should be made to lucas credit services. all his post is delivered to our address and we give it him whenever he calls up. he is adamant he never received the claim form and as far as we know nothing ever came in the post. the fact is the court made a decision but unfortunately due to is financial situation and the fact he didn't receive the form is there anything we can do to sort this out. there is no way after paying out everything he owes he can afford the sum asked for per month and also as he does not live here what can we do regarding the order. any help would be greatly appreciated thank you for looking
  2. Hi all, I am hoping someone can kindly help here. I received a Northampton County Court Claim form today from the above claimants for an old Barclaycard debt that has been passed to MKDP and then these guys. The claim was issued on 01/03 I filed the AOS online today via MCOL, with the intention of defending the claim in full. The POC is as follows: T1.his Claim is for the sum of £9699.45 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. The Claimant claims 1. The sum of £9699.45 2. Interest pursuant to s69 of the County court Act 1984 at a rate of 8.00percent from the 7/02/12 to the date hereof 1480 is the sum of £3146.33 3. Future interest accruing at the daily rate of "2,13 4. Costs In total, they are claiming over £13k.... Long story short, I was made redundant from my job and I was out of work for over a year - as a result I ran out of money to keep up my credit card payments and ultimately could not keep up the payments and stopped paying altogether. I buried my head in the sand somewhat and hoped the problem would go away, stupidly. If someone can guide me through what needs to be done next and what letters/forms need to be sent next, I would really appreciate it. I am so worried that bailiffs will come knocking on my door - I don't even know where to start with defending this.... Any help or guidance you give will be most appreciated.
  3. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 19 May 2016 20th June 2016 to submit defence What is the claim for – 1.This claim is for the sum of £3755.27 in respect of monies owing under an agreement with the account no. XXXX pursuant to The Consumer Credit Act 1974. This debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1. The sum of £3755.27 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 18/1/12 to the date hereof 1580 is the sum of £1300.50. 3. Future interest accruing at the daily rate of £ .82 4. Costs What is the value of the claim? . Total £5565.77 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit account When did you enter into the original agreement before or after 2007? Before. 1981 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? We would have but can't guarantee we have kept it. Did you receive a Default Notice from the original creditor? As above, we would have. Kept some of the early letters. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Probably, no reason to doubt we haven't. Ashamed to say we haven't actually been reading them but am sure we would have. Why did you cease payments? Business failed very suddenly due to recession, stopped payments to all creditors as my husband couldn't manage the debt. My husband intended at that point to go bankrupt but as moved into low paid employment, he needed to save bankruptcy fee. We then had to prioritise moving house due to being harassed by a neighbour and then always something else came along that needed money. Classic burying heads in the sand then followed as we seemed to be getting life back together. What was the date of your last payment? He last paid around April 2011 but Noddle says defaulted in Sept 2011. 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? No I will send off a CAA request and CPR31.14 Loan letter to see what Hoist/the solicitors hold BUT I recall back in around 2008 we went after PPI charges from Barclaycard. At this time they did provide us with a copy of the signed agreement. I would have it somewhere in the loft. Notably the copy was a terrible one, hardly legible but interestingly, the box where you would tick to opt out of PPI was bright white, as if the copy had been doctored. I raised this in our letters, that it looked very obviously as though it had been doctored. Barclaycard did not respond specifically to this, but did refund all the PPI charges going back to when the account was opened. I guess what I am wondering is that if Barclaycard had dug out the agreement in more recent years, are they more likely to have passed a copy onto the purchasers of the debt? Am I still right just to put the onus on Hoist to show they have the relevant paperwork to prove the debt? I would be grateful for your thoughts th Hello, Back in December 2105 I received some great advice when my husband was pursued by Lowells for an Argos credit card debt. It seems that another creditor has now taken the same course of action. I plan to follow the same steps as before, acknowledge and defend, using the advice given previously but there are some changes in the circumstances which I would be grateful to be able to check out on here first. Please see info below. Thank you, r710
  4. Hi all Ive had an issue going on with Lowell/Cohen regarding what they say is a catalouge debt. I asked them to prove the debt as it is not one I recall (other debts are cleared) as they threatened court action, and thats what they have done. I received very vauge information from them ,but they sent what they claim is a credit agreement which is missing my signature (it was apparently an online from, where my signature is missing,there is a tick box instead). Today I received a form from Northampton, the particulars of the claim state - " The claim is for the sum of £xxx..due by the defendant under a non-regulated shop direct account with the account reference of xxxx... The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on xxx,notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceddings in the sum of £xx. The claimant claims the sum of £xx" Two things also concern me regarding these forms - It seems to be missing a court stamp - there is just a printed circle of 'the county court' on it Return address for sending payment and documents is cohen cramers The papers were received today. Many thanks in advance
  5. Hi All Short version is I owe HPH2 (ex Capital One) £935 since 2011. Hasn't been paid due to dispute between ex wife and I as to who should pay debt. Stubbornly I have until this point refused despite debt being in my name. Today I received a letter from Howard Cohen and Co - Notice of Pending Legal Action. It says I have 10 days from date of letter to respond by either making payment or payment plan with Robinson Way or I will be taken to court for CCJ. I am up against the clock as letter is dated 24th August but only arrived today (1st September). At this point what should I do? 1. Ignore letter (is it just a bluff?) 2. Call Robinson Way and agree a payment plan (can I just offer them a monthly figure or will I have to go through a whole income expenditure exercise? Thought I would offer £35 a month. Will they agree to a plan or insist on total payment which I cant afford? 3. Other - should I be doing something else? Any help greatly appreciated. kind regards Steve
  6. Hi All, Hope someone can help, had a claim form from the above which i will defend, already submitted AOS. Date on form is 29th Feb. It's an old Backlaycard debt been passed around to MKDP then to these. Original Amount:£6.5K With fees and interest total is 9.5K In the POC they mention Default Notice, which i'm sure i never got. Also when it was assigned to Cohen by MKDP. Just want to know what my options are. What forms i have to send to them to get them to disclose papers etc. Thanks for any help, going a bit crazy here..
  7. Hello all, We have submitted a defence and then received the DQ. This was returned to us as invalid due to my partner filling it in and asking me to deal with it on her behalf. We have resubmitted another one and they have rejected this as the surname is different to the claimant. We are married now so my wife is using her current name, they wont accept it as the claim in in her maiden name. Can they do this? I feel like they are doing it on purpose because now we are over the 14 day limit to have the DQ filed.
  8. I am really grateful for this Forum. I am watching other people's reports with great interest so I thought I would share my own and see if I could garner some advice along the way. I am currently a Student with some Debts carried forward from a crisis past where I lost my home. I am pretty much on route to starting over. I never took the BR option but was hoping to wait out the clock ( didn't have any other options ) on some of the debts and deal with what I could. This is the second CCJ Claim and as far as I can make out it is over 6 Years since I have had any contact from the creditor. The particulars of the claim are as follows Debt Legally assigned from Tesco Personal Finance ( Ex Tesco Finance ) to Claimant Hoist Portfolio Holdings 2 Ltd who is being represented by Howard Cohen and Co in the county courticon Business Centre Credit Card Debt £3382.38 Interest pursuant to S69 of County Court Act 1984 £1621.96 Court Fee £410 Legal Rep Cost £100 I have followed the standard advice by sending a CPR request to Howard Cohen and Co and a CCA Requesticon to Hoist Portfolio Holdings. I have acknowledged the claim and submitted a holding defence. I am wondering how I will go about argueing that the debt is statute barred or should I wait for them to honour the requests I have made first. Any advice would be greatly appreciated. Thanks
  9. I am really grateful for this Forum. I am watching other people's reports with great interest so I thought I would share my own and see if I could garner some advice along the way. I am currently a Student with some Debts carried forward from a crisis past where I lost my home. I am pretty much on route to starting over. I never took the BR option but was hoping to wait out the clock ( didn't have any other options ) on some of the debts and deal with what I could. It is probably close to the 6 Year mark and this is the first one to go for a CCJ. If they succeed it will be detrimental for my credit file recovery plan plus I don't have the finances to handle this. I may even return to looking at BR and becoming and Expat just so I can get a fresh start. The particulars of the claim are as follows Debt Legally assigned from MKDP LLP ( Ex Barclaycard ) to Claimant Hoist Portfolio Holdings 2 Ltd who is being represented by Howard Cohen and Co in the County Court Business Centre Credit Card Debt £7500 Interest pursuant to S69 of County Court Act 1984 £3158 Court Fee £495.90 Legal Rep Cost £100 I have followed the standard advice by sending a CPR request to Howard Cohen and Co and a CCA request to Hoist Portfolio Holdings. I have acknowledged the claim to extend my deadline which I believe should take me to the 11th of April. I am interested to find out if there is a possibility of the debt being Statute Barred as I know the last payment or contact may have been some time before the Default date. I will first obviously see if they have the documentation to support the claim. I have not made a SAR from Barclaycard as this would take too long. So when does the cause of action to start the limitations peiod begin. At last Contact/Payment/Default etc I assume the next thing will be to issue a holding defence while I wait for a reply from the CPR and CCA. I am not sure how to make this but I guess I will call the Court on Monday to find out. Any advice would be greatly appreciated. Thanks
  10. Hi all, I have just received a claim for from Hoist/Cohen. I have acknowledged on mcol and ill send out a cca request on Monday. The Particulars of the claim are: This claim is for the sum of £4000.00 in respect of monies owing nder an Agreement with the account no.xxxxxxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87 (1) CCA. The Claimant claims 1. The sum of £4000.00 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.06 percent from the 25/08/11 to the date hereof 1724 is the sum of £1500.00 3. Future interest accruing at the daily rate of £ .91 4. Costs. Is there anything else I should do right now? I'll also send out a CPR 31.14 to Cohen.
  11. Hi Just received 2nd county court Claim form, within 2 days of each other, have another thread running for first one. Its from County Court Business Centre Northampton from the above claimants for an old Barclaycard debt that goes back to early 90's that was passed to MKDP and then Hoist Portfolio Holdings 2 Ltd, the debt collectors managing it are Robinson Way. The claim was issued on 04/03 The POC is as follows: The Claim is for the sum of £4710 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. The Claimant claims 1. The sum of £4710 2. Interest pursuant to s69 of the County court Act 1984 at a rate of 8.00percent from the 24/06/10 to the date hereof 2076 is the sum of £2143 3. Future interest accruing at the daily rate of £1 .03 4. Costs Total Claim over £7363 I sent barclaycard a CCA Request few years back but only ever received their T&C. I have gone on mcol and done a AOS with defend all. I have also sent CPR31.14 to Cohen and CCA to hoist. Any further advice much appreciated, i assume i need to file a defence with 28 days is there any advice / links on best way to word it ?
  12. Hi there I'm looking for HELP on defending a claim I received before Christmas SO NEED HELP ASAP PLEASE CLAIM DETAILS issued on 14th December 2015 the account was started on 07/2001 Claimant - Hoist Portfoilio2? Cohen solicitors At Northampton CC Particulars: the claim in respect of £2,XXX.XX in respect of monies owing pursuant to an overdraft facility under bank account number XXXXXXXXXXXX The debt was legally assigned by MKDP LLP (Ex LLOYDS BANKING GROUP) to the claimant and notice has been served. the defendant has failed to repay overdrawn sums owing under the term and conditions of the bank account. the Claimant claims: 1. the sum of XXXXXX 2 the interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 13/05/11 to the date hereof 1671 is the sum is the sum of XXXX 3 future interest accruing at a rate of £ .XX 4 Costs I have been on MCOL and acknowledged the claim and said I wish to defend now I cannot get back on MCOL as my sign in and passwords do not match. I have rang them and the lady I spoke to said I can email a defence, only I don't know which defence to use as this is all such an untidy mess. BACKGROUND In 2008 I had no debts owned a business and lived in Staffordshire, by 2009 because of my husbands infidelity we had moved to Wales where my family was, he was out of work, me too and debts were spiralling, I was using overdrafts to pay rent. In Dec 2009 there was a bad split with hubby the police were called so I remember the year quite well. I had been overdrawn since June/July and did not service the account with any funds at all I did however ring Lloyds and speak to them explain my situation. The account remained in arrears, got passed from them to their debt department. Spoke to them, I was in a dire situation barely covering my rent. they kept paying out DD out the account and causing me more debt as the DD were all returned at £25 a pop then the account went over the arranged overdraft letters started, etc. however in all this time I never paid into the account. Eventually in late 2010 they issued a default, the debt was bantered between solicitors then sold to MKDP in May/June 2014 depending on what credit agency report you look at I cannot remember receiving this. I have also read they are supposed to service you with ongoing statements, had one or two of them over the time period to date but not regularly. I have now received a CC claim from Hoist, but never heard of them, had no letters or anything. I have checked my credit file on both Noodle and Experian Lloyds TSB debt is showing as SETTLED - on 30/06/2014 The debt to MKDP LLP as showing active for the amount claimed minus interest being claimed and is in default to date and not showing as being sold to anyone. the only thing they all seem to agree on is the default date. Furthermore I have the original agreement on opening the account with Lloyds TSB (I'm a hoarder) but have mislaid all my bank statements from Lloyds in the last move ( have sent a SAR to Lloyds 9 days ago) awaiting a reply and have also sent a CPR 13 request to both named on the Claim form on the original LLOYDS TSB terms and conditions agreement it clearly states: 10.2 if you do use your card to create an overdraft we have not agreed or to exceed an agreed overdraft you would have broken the term of the account and you must pay the agreed amount immediately so either this is SB, they have not followed the rules ( whatever they are) or they have closed the debt Please help need some information fast as need to email defence tomorrow or day after Many thanks in advance PS........ pulled all the info off the site and read a lot of threads, it been a great help so far
  13. Received a claim dated 12/8/15 last month for an overdraft of £2675 (post 2007 agreement). After they first started threatening legal action back in April I sent a OFT debt collection guidance 'prove it' letter which I found on another thread. They finally replied to this in July by sending the following: chequebook request and specimen signature car registration document copy of driving licence application form (completed but not signed)/terms and conditions copy of an MBNA credit card statement which was provided as ID on opening the account They state in the covering letter 'please find enclosed copies of your agreement and statement' but there is no statement for the Santander account only the MBNA one, nor is there anything showing the figure they are claiming for. I've since sent the cpr 31.14 current account request (not received a reply) and submitted the acknowledgment of service. However I'm unsure how to go about the defence bearing in mind what they have sent in relation to the OFT letter, in particular the lack of a/wrong statement . There is also the fact that approx £500 of the amount claimed is as a result of fees/charges. Any advice on how to approach defending this would be most welcome.
  14. Hi there Just needed some advice re: the above. This was originally an unauthorised overdraft from Abbey that I was paying off bit by bit Abbey forwarded it to 1st Credit. I sent the CCA letter to 1st credit and in response they sent me a statement but not a signed agreement. Sent them the account in dispute letter and was sent the attached response. Just want to know what do I do with this? What does it mean? Let me know ladylovessalsa! 1st Credit response.pdf 1st credit letter 1.pdf
  15. Hi My father received a claim form dated 7th Dec 2015 a couple of days ago I would appreciate any help or advice on how best to deal with this. My father has mental health issues so needs my assistance to respond to the claim form. I wrote to Lowell a couple of weeks ago (in my father's name) in response to a letter from them asking what the debt relates to etc but have not received a reply. The details of the claim form are - Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 7 Dec 2015 Date submit defence ) - by 4pm 8th jan What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £1330 due by the Defendant under an agreement regulated by the consumer credit Act 1974 for a Vanquis account with a reference of xxxxxxxxxxxxxx The defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. 2.The debt was legally assigned to the claimant on , notice of which has been given to the defendant. (NOTE: No date was entered here) 3.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per anum from the date of assignment to the date of issue of these proceedings in the sum of £106 The Claimant claims the sum of £1436 What is the value of the claim? £1586 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Not sure but would think after 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. Assigned to Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure - my father has no paperwork but may have ignored/been confused by/binned. Did you receive a Default Notice from the original creditor? Not known Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not known Why did you cease payments? If he did stop payments then probably because he got ill and lost his job What was the date of your last payment? Not known, but nothing in last 3 years 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 Any advice greatly appreciated, thanks
  16. Hi I have read some of the threads and hope people might be able to help me. Last weekend I received a County Claim Form for an overdraft I had with Santander. I defaulted on this in April/May 2009. I have spoken to National Debt Line and I am speaking to CAB on Monday to get advice. They have suggested it could be statute barred if I haven't made a payment or communicated with them in writing in that time (despite that I may have spoken to them on the phone or ignored letters/calls) I had other accounts and credit cards etc default at a similar time, some I subsequently paid off, others I ignored and they went away etc. This one hasn't. It's been passed to different companies and has now resulted in the form being sent. I threw a lot of old letters away as I had literally hundreds of them. This default has now fallen off my credit history. However I have found an printed version of it from 2013 which shows that the outstanding balance was less than the default balance, and was last updated in May 2010. I have asked my bank for a copy of all bank statements to see if I have made a payment but won't get these until next week. Reading on here I have seen people saying about asking for documents to try and defend. I won't ask a silly question if this is worth doing, could just do with some pointers about what I need to do The info requested of me is here. Name of the Claimant ? Hoist Portfolio Holdings 2 Ltd Date of issue – 3rd June 2015 Date of issue - 3 June 2015 Date to acknowledge by - 22 June 2015 Date to submit defence - 6 July 2015 What is the claim for – the reason they have issued the claim? The claim is for the sum of 1,776.92 in respect of monies owing to an overdraft facility under account number XXXXXX XXXXXXXX The debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. The claimant claims The sum of 1,776.92 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of X percent from the XX/XX/XXXX to the date hereof X days is the sum of X.XX 3. Daily interest at the rate of .XX Costs What is the value of the claim? 1,776,92. With costs it is 1,967.76 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Before 2007 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. Assigned to others, and then received assignment notice for this debt purchaser and claim issued by debt purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, I don’t think so Why did you cease payments? Lost job, other financial debts, they all got ignored for a while and subsequent defaults What was the date of your last payment? Not sure - sent off for copy of bank transactions this week from current account to check if I have made a payment. 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? No plan entered into with them. May have spoken to them on the phone 5/6 years ago but I was getting several calls from different places so cannot be sure. Thanks in advance of any help or advice people might be able to give. EDIT - I realise I have come to post this late but it was only whilst thinking of this over and over before speaking to the CAB next week that I googled the companies and found this forum.
  17. Brief background details Account is for a credit card with Santander. Amount £2xxx There is no record of this debt on my Experian credit file or when I check the same using Noddle. Debt has been passed from Viking Collection services > Moorcroft > Wescot > Robinson Way. 13/02/15 I sent a CCA request to Robinson Way after receiving a letter informing the account would be passed to their solicitors Howard Cohen in the next 10 days. 21/02/2015 Letter from Howard Cohen titled 'Notice of Pending legal action' requesting payment within 10 days. 06/03/2015 I get a reply from Rob Way acknowledging my request and informing my account has been placed on hold temporarily pending receipt of the documentation. 21/03/2015 Get a weird letter from Robinson Way saying ' We write to acknowledge the recent update that you have provided us in relation to your current circumstances. we confirm that no further action will be taken on your account for the next 2 weeks from the date of this letter. Please ensure we have your proposal for payment within this period to avoid collections activity resuming. If we do not hear from you within 2 weeks, our solicitors Howard Cohen may be instructed to proceed with issuing a court claim................' I assumed this was scare tactics and ignored it as they still hadn't satisfied my CCA request. Today I received a County Court claim form from Northampton. I still haven't received any CCA from any of the parties involved. I obviously need to acknowledge service of the Claim form but what's my next course of action?? Library letter - 'Letter to solicitors threatening legal action / in default of agreement request'?? If yes, do i send this to Hoist as well as Howard Cohen? Thanks for any help you may be able to give. Dan
  18. OK, all new to this so bear with me. Had a credit card with Vanqis. I eventually got fed up of their charges and after several arguments finally disputed everything with them. When they wouldn't play fair, I finally stopped paying them. Disputed account then sold on to Lowell. I have now received a claim form, initiated by Cohen Cramer on behalf of Lowell. Before I fill in the details from the sticky, there is one other complication. The card was taken out in Scotland. But I am now in England. I assume that English law now applies? Or should it be Scottish? I have no problem attending court in Edinburgh if necessary. Obviously I'll be defending. Morally, I would have had no problem paying off the card if Vanqis had been fair. Since I was left with non payment as a last resort, I don't have a problem now with trying to wriggle out of this if a lawful means is available to me. As far as I'm concerned, they've trashed my credit file for long enough. I'm damned sure I'm not going to lose any sleep over trying to fight their trashing it for a further 6 years. So what I guess I'm trying to say is, anyone trying to tell me, I ran up a debt so I should pay will simply get ignored. Now to the claim stuff... Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 7 Dec 2015 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 9 Jan 2016 ( I think that's right if I understand the above) - yes but thats a w/end so file by 4pm Friday the 8th - dx What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £2766 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with a reference of xxxxxxxxxxxxxx 2.The defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on , notice of which has been given to the defendant. (NOTE: No date was entered here) The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per anum from the date of assignment to the date of issue of these proceedings in the sum of £221. The Claimant claims the sum of £2987 What is the value of the claim? £2987 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? After (I think) 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. Assigned to Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? Not as far as I remember. I THINK the first I knew was an email from a debt collection agency. I'll have to check to see if I still have emails. 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 ? No Why did you cease payments? Vanquis trashing my credit file due to disputed default charges, so I decided to force them into defaulting me to stop the 6 year clock. What was the date of your last payment? About 3 years ago. Was there a dispute with the original creditor that remains unresolved? Yes. Unlawful charges. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No Just going to see what I have to do now to start the ball rolling.
  19. Just got back from holiday and I have a court letter sitting waiting for me Stopped paying this a fair while ago due to lack of funds but unsure actually how long ago. I've had no contact with them directly for ages it may possibly be over 6 years but not sure. I've had letters and it's skipped round the DCAs who I've ignored. Letter is dated 7/5/15 I intend to acknowledge later today on MCOL and I will send Howard Cohen a CCA request as a matter of course. I'm also inclined to send Santander a SAR Request as well but imagine my time to do anything is now limited? Any advice other than the above greatly received
  20. Hi guys, HSBC overdraft and HSBC credit card, I am not getting any response from the DCA. I have sent several letters via recorded service requesting CCA along with valid postal orders - No response. I've done some digging and it appears they have several address's, without going in circles does anyone know which is the correct address? In some cases I have had letters from CL Finance, I'm unsure if that has anything to do with a change over but based on my DMP for the last 5 years I have been paying Howard Cohen & co Solicitors. Any help would be appreciated. For further clarity, HSBC Overdraft Date, 24/08/2009 Amount, £5,658 HSBC Overdraft Date, 10/08/2009 Amount, £1,367 I am wanting closure on the above ASAP, i.e. settlement. However if the debt has been sold I must still complete full payment to be awarded 'Satisfied' status on my credit file leaving me around 2 years till it comes off my credit report, correct? Thanks for any help, Neo.
  21. HI New to all of this so bear with me please , Abby national overdraft been chased by various DCA i have all told them that the account is in dispute, it has all ways been for as long as i can remember due to the excessive bank charges i have complained to Abby as it was various times times they even placed it in default when the test case was on... ...i know that is over and lost MY point is can they just pass it on to a new DCA? Had the first second letter in short succession from Robinson way reference overdraft from Abby national£2840.66 i did send them a letter saying the account is in dispute and pass it back to Santander to resolve they have not and now i have a court claim from Howard cohen 22/04/2015 What can i do please? it is not statured bard un till next Feb really don't want a ccj on my file could some one please offer any advice ? Thanks in advance
  22. Name of the Claimant ? Hoist Portfolio Holding 2 limited Date of issue – 19/2/2015 What is the claim for – the reason they have issued the claim? 1.This claim is for the sum of 5800 in respect of monies owing pursuant to the consumer credit act 1974 (cca) under account number xxxxxx 2.The debt was legally assigned by Santander uk plc to the claimant and notice has been served. 3.The defendant has failed to make contractual payments under the terms of the agreement. 4.A default notice has been served upon the defendant pursuant to section 87 (1) cca. 5.The claimant claims 1. the sum of 5800 2. interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 3/2/15 to the rate hereof 13 days is the sum of 17.00 3. daily interest at the rate of 1.27 4. costs What is the value of the claim? £6300 Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Loan When did you enter into the original agreement before or after 2007? 28/2/2006 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 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 ? Yes Why did you cease payments? Severe financial difficulty What was the date of your last payment? my credit report shows the account was shut 16/7/2010 with missed payments from March 2009 but im not sure if payments were made in that time. 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? No What you need to do now. I have acknowledged MCOL Sent CCA and CPR31.14 I received a reply to CPR 3/3/15 as follows - We have acknowledged receipt of your undated letter in which you are making a request under cpr31.14 for documentation mentioned in our particulars of claim. We are currently in the process of retrieving the documents requested. Therefore, please accept this letter as our agreement to a general extension time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate. I haven't received any information regarding the CCA as yet. Do I need to file a defence or just attach the cpr reply letter on MCOL? Thanks in advance
  23. I sometimes wonder what an earth these people think they are doing. Background first: Wife had a store card with Evans, I was out of work for a while and card was low priority so was not paid. Evans got stroppy, then passed debt to Lewis Group. Eventually, Howard Cohen obtained a CCJ. I was ill at the time and they did their usual opposing my wife's defence on the day before the hearing. We only got their letter on the day the hearing had already taken place. The CCJ has sat there for a number of years. We tried to get it set aside, I can't recall just what happened but it wasn't allowed. Cohen have sent an annual statement ever since and that's all. The original debt was only a fraction of the amount they claimed, that much I do remember, and was made up mainly of lots charges my wife had objected to. Now, out of the blue, she has two letters - one with Hoist and CL Finance on the heading, the other with Robinson Way, same signature on both, both in same envelope. First says that CL Finance (part of Lewis) has assigned all rights to Hoist. They confirm that Cohen have been instructed in this mater on behalf of Hoist, but to make payment to Robbers Way. I know that 'Howard Cohen' is a Leeds solicitor who just hires out his name to Lewis Group to put a legal-looking stamp on their activities. I had the mis-fortune to work at their Cleckheaton offices at one time, but got out when I realised what their trade was. Back then, 'Cohen' was just another little office down the corridor, attached to the same computer system but had a printer loaded with Cohen headed paper. The guys in there just filled envelopes and sent them out. all that aside - if a CCJ was obtained by Cohen (aka lewis) - how can that be assigned to Robbers Way/Hoist ? I know Lewis have 'gone' since being taken over. My first thought is to continue ignoring them, although I realise that a CCJ will not expire under the statute barred time limits. A CCJ can't just be assigned like this can it ? I'm now registered disabled and therefore on allowances and virtually housebound. We are not in a position to pay these people anyway. Another thought is to go back to Evans and do a SAR, get details of the inflated charges they applied to her account (pre OFT £12 max rules) and make a claim on that, then IF we manage to get any joy out of that, to offer it back directly to Evans as F&F. Any thoughts anyone ?
  24. Dear All My moth in law passed away last year and her brother (an old solicitor), whom is looking after her probate asked me to question a few things. 1) Was a debt she had with a credit card company MONUMENT (the britannia recoveries), this seems to have been passed on to Philips and cohen as they have asked us for a payment of £2,788,33. I requested aCCA from them and paperwork arrived today 2) They have supplied a reply card signed by MIL on 7/02/03. This states in declaration to take note of terms 22 and 23 in the terms and conditions. Top left your name and address box, bottom left please complete the following details, top right declaration, bottom right sign today 3) The T & C's they have supplied only go to 18.10 4) Also on the T & C's it states there will be a £12 charge for late payment, yet on their print out of payments she was charged £20 for late payments. 5) They havent sent statements as such just spreadsheets so this shows no balances at all nor interest 6) Their T & C's also state no interest as they are obviously just template ones, which could be recent ie only going up to section 18 and having £12 charges on them 7) they have sent us the last statement which shows the alleged balance 8) It also shows many £2 cheque cash handling fees which I cant see mentioned in T & Cs and cash interest and monument interest taken out every month. 9) it seems she made last payment on feb 2012 Wondered what anyone thinks on this?? Kindest regards Henry
  25. Hi, Im hoping for some advise; I received a dept demand from Howard Cohen And Co, i replied to their letters a number of times but received no replies. I tried calling the company on every phone number i could find for them but no one knew anything about the claim they were making against me. I received a small claims court claim asking for double what the original debt. The court this trial was to be held at was over 4 hours away from where i lived and it stated on the court papers that i could respond by letter, which i did. I stated it was imposible for me to travel the 9 hour round trip due to financial reasons and i felt the inflated fee request was not right. I also asked for the court intermediation, which i never got a reply to. The next thing i know i just received a court order for £955.00 demanding it be paid in 14 days. I do not have this kind of money! The initial debt letter was for £350.00. I called the court house and they told me to download some forms and gave me a web site address that doesnt work... What can i do? Thank you for your time and help!
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