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  1. Hi Redroy. Any luck with obtaining these hire costs back yet? Am asking as it seems I am in the exact same position as you are right now. Ive been told by OCL solicitors that third party are Hi Redroy, any luck with this yet? I am in exact same position as you was last year. Have been told by OCL solicitors that third party are disputing the excessive car hire amount and want to know why i chose to take an expensive car out of hire. I feel trapped as i explained to OCL that One Call insurance deferred me to the hire company and made it seem all seemingless and painless. Now its been 7 months and I am dealing with a court mitigation with third party regarding costs for car hire and injury. This was a 100 percent non fault claim.
  2. I was involved in a non fault accident one call insurance put me on to a company to give me a hire car and reclaim everything from the 3rd party . i had a hire car for 8 weeks i tried to return but wasnt allowed .now after 9 months i have received a.letter saying they havent recovered costs from the third party and are using OCL solicitors to reclaim the debt by court action using my name . has anyone being in this situation . they are asking me to sign forms to authorise this . please help Thanks in advance
  3. I was unable to pay the mortgage for about 10 months, but then I got a new contract and was able to set up a standing order which was larger than the statutory amount. I decided to pay this larger amount in order to gradually reduce the size of the shortfall in a way that I could sensibly afford. Prior to my first default I was actually overpaying over a number of years, so that my 10 months gap was actually only 4.6 months on the balance sheet (this is acknowledged by the lender). I have already given Mortgages 2 my assurance, several times, that I will be able to overpay them every month over the full term of the mortgage. Despite this they have started legal proceedings to repossess my home. The really odd thing is that they started their proceedings against me after I had set up my standing order to pay them more than I needed to! They have now had 3 uninterrupted monthly payments and still have not stopped proceedings. They are using Moore Blatch and the court case is in early July. Mortgages 2 are no longer in the mortgage lending business, and are obviously keen to recover all of those pesky mortgages and get their hands on the money for whatever new venture they have up their corporate sleeves. My defence is based on exactly what I have told you here. But what can happen? Will a judge really allow me to be made homeless when I'm regularly paying a larger sum than I need to? This is crazy! Does anyone have any views on this?
  4. Hi Guys I have received a letter of claim from Restons solicitors for a debt bought by Cabot financial. I have made a complaint to the financial ombudsman that the original creditor ‘ a credit card company ‘ refused to deal with several mistakes on my account over a year before Cabot bought the debt and simply told me to deal with the 3rd party debt collectors. The ombudsman said that as they were still the legal owners of the debt they had a duty to deal with me and not pass the buck to the debt collectors. The amount Cabot are claiming is for £1800 when the correct amount after deducting the disputed amount is £1150. My question now is, should I contact Restons who have sent me a letter of claim and say they will start proceedings on 18 05.2018 or Cabot or both and tell them its a disputed amount sold by the original owner of the debt and I have now made complaint to the FOS for which I have received relevant paperwork and a reference number. So would they like to put proceedings on hold whilst this matter is dealt with by the FOS as I see no point in starting court proceedings when they are trying to claim the wrong amount.I I don't dispute the lower figure. So far I have made no contact with either company.
  5. Hi Just received my credit file and after getting into a bad financial situation I have a total of 19 defaults on my credit file!, 11 are due to drop of this year and 3 next year the rest are around 2022, for the latter do you think my credit file will improve If I pay them of so they are marked as satisfied? or should I just wait, none of them are chasing me for payment at the minute Just edited to add one is for a mobile phone debt that I was paying for 2 years at £35 per month, it says I owe £550.00 now
  6. Good morning, I am new to the concept of posting threads and would like to request any advice on the proceedings I am about to undertake with BT, I am sure this subject has been discussed many times before, however not with me and therefore would like direct advice. BT has issued my partner and I a charge of £130.00 for an engineers visit due to a diagnosis of a faulty router. However the router was not faulty as when he left everything came back on and has been working for months correctly with no problems. Phoned BT to ask what the charge was for and they said...(see above). Complained to them regarding an incorrect diagnosis. Three telephone conversations later they imply the router was faulty and imply I am using an after market router purchased by me subsequently. This is not true and I have video evidence of the router in full working order with the serial number on the rear with which BT can cross reference to the last one they sent out. The diagnosis was incorrect so should not have been issued the charge. If the diagnosis had been correct it clearly states on BT website I may not be charged for a faulty router as it is under warranty due to us being in a legally enforceable contract. I requested a letter of deadlock as BT refused to issue any refund or redress. Went through the procedure of the Ombudsman. This took quite a few weeks. The result being the Ombudsman sent a proposal of £50 gesture of goodwill, a new router, and letter of apology from BT. I rejected the offer as £50 does not cover my loss of £130(plus bank charge) New router is obviously not required. Therefore a letter does not constitute a full redress of our issue. As a law student, I am now seeking to take BT to the small claims track first tier tribunal for a breach of the 'Supply of Goods and Services Act 1982' as it states they must carry out the service with reasonable care and skill. Any further advice on this topic before I commence anything would be much appreciated. As I say, I am a law student, but do not confess to knowing everything as I am in the early stages of my degree. Many thanks in advance. snailandgingerbeer.
  7. Hi. Got a letter this morning from Moriarty Law that begins 'As you are aware, we recently issued court proceedings against you.' I have received no claim form or indeed any letters for this for a few years now. Its regarding an old wagedayadvance loan. Letter goes on to say 'We have been instructed by our client to enter judgement against you 14 days from the date of this letter.' Any advice please. Many thanks. Paul.
  8. Feb 2016 a purchase was made following a telephone call to the seller for advice and to confirm the correct parts were ordered for my vehicle registration on eBay with PayPal for £289.97. Shortly after fitting the clutch, it failed. The seller refused a refund or to cover mechanics costs, instead charged me to return the kit for warranty replacement. The replacement parts actually consisted of one new flywheel and other used parts with visible contamination rendering them unusable in several mechanics views, and missing all fitting bolts. The seller told me to get bolts and he would refund costs, but in trying to do this I discovered that the supplied item was not actually as described but a cheaper model for a lesser powered vehicle, hence its premature failure. I re contacted the seller to request the collection of the kit and delivery of the correct kit as originally ordered. The seller refused to do this, even asking for more money to correct their supply mistake. Failing to get satisfaction I raised a PayPal dispute. They were great all be it a little slow, fully investigated the case, looked at pictures of the part supplied compared with the actual part advertised (confirmed with two independent suppliers) and found my case worthy of a refund under Buyer Protection. This happened Jul 2016 after everything had been returned to the seller at my expense. Last week (Jul 2017) I get served a county court claim, addressed incorrectly, for £489.97 plus court fees, claiming the warranty replacement to have been damaged beyond use (a solid flywheel, returned as supplied) and assigning a £200 value to what they even describe as a free of charge item in the particulars. They also listed the person that fitted the clutch as a co-defendant, claiming he trades as a Limited MOT company, that is totally wrong. I have acknowledged receipt and now have a few weeks to present an online defence. PayPal say he doesn't have a case as we both agreed to their T&Cs and to abide by their mediation should a dispute accour. They also say the seller had the chance to contest and ruling from PayPal under Seller Protection which if won/agreed would have seen a fully reimbursement from PayPal. Obviously I am not privy to the facts of this. Doing research into other buyers being taken to court by this seller (there are many), it seems that there is a pattern of providing evidence inconsistent with the truth and trying to evade CRA2015 by claiming a trade sale not private at distance. Is there any precedent case I can quote to help defend myself? Has anyone had similar experience and won? Thanks
  9. HI Ive got a letter saying notice of transfer of proceedings on the top left. It states Claimant - HOIST PORTFOLIO HOLDING 2 LTD defendant ME. Then all it says is To all parties This claim has been transferred to the the county court of St.Helens for enforcement. That is it no forms attached, there is no Amount Outstanding on the letter, nothing. I have checked my Credit File today and there are 2 listings on my Financial History. 1 CCJ from Barclays showing as SATISFIED and the other Account is still awaiting to be taken to Court for defaulting on my Mortgage. How do I find out what this letter is about?? Does anyone know why I have got this letter. It is not asking anywhere to respond I am a bit confused if this is the starting of my Mortgage Company taking me to Court??? If so I just expect more documentation & details. Like amounts, dates etc.
  10. I work for a company that employs more than 1000 Trade plate drivers; we travel all over the UK delivering and collecting vehicles for many different customers. Many of the places we go to are quite remote, airfields and large compounds etc, there is not usually public transport to many of these places. The only way we can complete our work is to work with other drivers, sometimes this is arranged by the company and sometimes we arrange this between ourselves. When there is public transport it can often take a long time to travel between jobs, and quite expensive. Therefore, working with other drivers is normal. I received the notice from Metropolitan police was about seven weeks after the incident asking me to identify the driver of the car at the incident time. On average we will complete about three jobs a day, on that basis I would have driven about one hundred vehicles in average of three to four cars a day. How many drivers I would have worked with is not possible to work out. Under those circumstances I do not know anyone who could remember the details of a specific car or who they were working with at a specific time of the day seven weeks previously. The company do not keep records of who works with who at any time, the only thing they are interested in is that all of the assigned work is completed on time. I have asked many drivers if they can remember working with me on that day, none can. I have looked at any written notes I keep; this has not helped. I have checked my mobile phone to see who I spoke to around that day, nothing I have done has enabled me to identify who would have been driving at the time of the alleged incident. Also the photographs sent to me earlier by the Police wasn’t clear enough to identify who was driving the vehicle at incident time. I understand that the Police will ask for any information that will lead to the identity of whoever was driving, and in most cases it can be provided. I have however read what the law says in this situation. It clearly says that a driver/keeper cannot be guilty of failing to identify who was driving if they did not know with reasonable diligence. It seems common sense to me that the law was written that way because of exactly this kind of situation. The law also says I am not required to keep records. I accept that this is a very unsatisfactory situation, I remain willing to do anything I can to identify the driver concerned but I cannot see what else I can do. Metropolitan Police write to me again saying that I have a legal responsibility to identify the , further action in this matter has been suspended for 14 days. I do not know what I have to do with this, Thanks
  11. Miss-sold a product, received final response from ombudsman whom stated that we were an accidental landlords, the Financial Ombudsman went onto say that the bank, Yorkshire Bank, had missing paper work. They ruled in the favour of the bank, we fought back, by saying it was an unfair process, as they had missing paper work but the financial ombudsman said they had treated us fair, so would not re-open the case. We went back to the ombudsman and stated this was an unfair process, as it was not true and Yorkshire Bank is misleading. The ombudsman stood by their decision but said we could take them to court, in which we have just started court action. I later found information in our own filing cabinet that showed upon mortgage application that the house was tenanted by our daughter and we had made it clear and it was stated clearly on the application. As we went through that information it became clear that the bank had mislead the ombudsman, they had not informed them that we already had a mortgage on our own property from the same company, when we were filling in paper work, we agreed to questions like, are you paying for a residential mortgage, we answered yes thinking it was this property we live in as the advisor had just been speaking about it. The product we had wanted was a buy to let, on interest, we ended up getting a residential mortgage on payment plan, we didn’t know what this was as no information was provided, so never questioned it as thought it was a buy to let. They also mis-sold another product at the same time, which was a signature account once that complaint was made we received a final response from Yorkshire Bank admitting no liability, however, we took this case to the financial ombudsman also a year before this one and they found in our favour on that particular case, which was sold to us at the same time as this residential mortgage was, for a tenanted property. We have recently found out by Yorkshire Bank that this was not just missing paper work but the mortgage file is lost. Yorkshire Bank got out of this by saying but we have system files, it was these system files that were produced to the financial ombudsman, obviously missing out the information that we already had a mortgage before application and with themselves at our home address. Our home address is residential. Missing out the information that the property was tenanted before mortgage application, missing out information that we wanted a buy to let on interest. Yorkshire Bank mis-lead the Financial Ombudsman, plus the discussions with Helen, which they can’t keep on system files. I have been writing to them for months by recorded delivery, they would not respond, i used the last method I possibly could use, it was facebook multimedia site, we got them to speak to us, however it was transferring letters we had already sent to them via facebook. We then got a call from Yorkshire Bank, stating they found the letters in a closed file and don’t understand why they went in that particular file. During the call the lady made a mockery of the complaint, when I mentioned our daughter was a tenant in that property, she said, “oh your daughter”, although it was clearly documented. We have since then had four tenants who are not related or friends. That same advisor then started to tell us on the phone what the original advisor would have said to us at the mortgage application appointment, I said, “hold on a minute” your putting words in our mouths, that was not said at all. We have asked for a copy of the call but they said they will play it in a branch near us but we can’t have the recording. They admitted fault in another letter today with regards to no correspondence and put £100 in our bank without asking us if we would accept, we don't want the money, we want justice. Hence the court case. Is there any information you could supply us with or support us on, as I am doing this court case myself as we can't afford to employ a solicitor? We have also asked the bank permission as we are going to auction on the property but they said we need a valuation, we said it has to be quick and urgent as the auction is June 2017. We waited so long on them responding but never received a reply from them in three months, we have had to take the next course of action to help ourselves as the Bank has turned their backs on us at that point. I don’t mind the valuation, but June is fast approaching and this valuation in case there is a shortfall on the mortgage (all of this knowledge has been sourced by me from the internet) is not only our problem, Yorkshire Bank has contributed to this by not supporting us or responding to us, when we were desperate. We have also asked for email correspondence from them, they have refused, saying letter only. Because they did not respond to our other previous letters they have placed us in a bad situation dragging us along while times are getting difficult and trying to not get into the area of repossession, and now they think they can pull the strings and tell us what to do after all this time. We are not going to be able to afford the full mortgage and the council tax, our limitation is June 2017, hence the auction. We need some help or some area of support to reach to, we will do the work, this is not an issue, but please, some light at the end of the tunnel would be greatly appreciated. Thank you x
  12. Hi all At the end of April, my last bad debt falls away from my credit rating However i just got a letter from shoosmiths ( debt already gone from my credit report) saying that 'If we cannot agree during the next 14 days how you will repay the amount outstanding to Arrow Global limited, we will issue Court proceedings against you for the full sun outstanding together with legal costs. We will not contact you again to warn you that the proceedings will be issued. They have been sending letters in bursts over the years but I've been ignoring them, this one seems like the end of the road. - out standing sum is just under 10k - i cant afford to pay or even offer a lump sum at the moment - it's a loan taken out in 2006 and I remember signing the agreement with HSBC. - I'm nearly 99.9 per cent sure i have made payments in the last 6 years -I don't want to ruin my credit rating by another 6 years ccj - Should i call them? If i ignore this letter how likely are they to issue Court proceedings? I rather pay them 20 quid a month ( currently not working) then have a ccj
  13. A London Borough Council has started bankruptcy proceedings against me for unpaid business rates dating back to 2006. They apparently took out a liability order back in 2006 against me, even though I wasn't liable for the whole period they say I was. The debt is close to £12K and since I cant overturn the liability order, I am thinking of paying the debt since I don't want to be declared bankrupt and lose my house. The councils solicitors now want a further £500 in court costs and another £2K in legal fees, which I protest. I would like to know if I am liable for the legal costs? And is it worth waiting for the hearing to protest against the costs at court while being willing to pay the £12K & the £500 court costs? I'm concerned that if it does go to court the legal fees will increase and the judge may still make me liable.
  14. Hi everyone . I want to thank everyone in advance and also apologise in advance - as I realise my questions are probably very common here, but I have very little time left and I am overwhelmed with so much info on internet , while trying to do my duties at work and as a father. Summary : 1.My debts are in the region of 4,000 for a loan, credit card, overdraft and phone account. I started missing payments in 2010 due to family separation and depression, stopped making payments and stopped contact with lenders in 2011. Meantime paid some sums, made some agreements, paid some money on those agreements, on some haven't, don't have good recollection , don't know if i owe some of the debts, if they are for correct amount, if some of them are statue barred, unfair charges etc. 2.All of debts are now being owned by various debt collecting agencies, sometimes changing hands more than once. some already started offering me full and final settlements of 50-60 %. 3. For one of the debts(Cabot, original overdraft from Halifax in region of 1000, now 1400) a court proceeding has started december 2016) -claim form has been sent to Northampton county court. Currently I haven't sent any form back to court, as i called the solicitors representing Cabot - Mortimer Clarke Solicitors LTD and they agreed to give me time until 31.01.2017 to prepare my expenditure form and make offer for repayment and/or full and final settlement upon which they said won't continue with court proceedings as it is up to them to request them. Unfortunately they refused to give me written confirmation of that (twice) which leaves me in a situation where they can decide anytime to request court decision and court won't even know I am in contact and agreement with them while issuing the order. 4. My credit report has inaccuracies- default dates are years more recent than they should be and one of the debt collecting agencies (Cabot) opened a new account with same default date and amount of original debt, but no markers that this is debt bought from original lender, which might lead to confusion this is different debt imo while accessing my credit report. What would you advise me in this situation? My first aim is to get relevant and accurate information on debts, so i know where i stand. Do I have the right to ask the dca for all the info or need to contact the original lender ? Does the dca has the right to redirect me to request the needed info from original lender or they are obliged to provide it as the new owner of the debt. Also templates I found so far are just for one issue or used long time ago. I need a template which requests original agreement, payments, any voluntary arrangements we had, so I know if i owe anything, different amount or if it is already statue barred. What should be the fee i have to pay ? What will happen if they cannot provide the requested inf o- will debt become unenforceable until they do ? Can I use that also to correct my credit report ? I am not sure what template to use for debt for which there is already a started court case - I am afraid that when i send that request to the dca in question they might instruct their solicitors to request immediate judgment. Thanks again
  15. Hi My son has had a letter of Transfer of proceedings on a CCJ to our local court from Northampton. This has been paid monthly since 2010 by Direct Debit to Brian Carter. The letter does not mention him but Frederickson International Ltd as the 1st claimant, this was for a debt on an Egg card. I realise he needs to get in touch with the court but is it permissible to cancel the Direct Debit that is going out to Carter on the first of each month? The letter was dated 30th August 2016 and a payment was already paid on the 1st September. Thank you in advance.
  16. Hi all - it's been a while. I have a technical question about reissuing a small claim. I have started a small claim against two companies pursuant to PECR 2003, the Data Protection Act 1998 and the Protection from Harassment Act 1997. The basic story is that the first defendant commissioned the second defendant to generate potential sales leads for them. The second defendant did this by making "Survey" calls from India and then the second defendant sold the opted in leads back to the first. They used Indian call centres, out of date data and ignored the TPS register. I've logged calls going back 4 years. several times over this period I have identified that the second defendant was party to this business activity on my line and notified them to stop - but they didn't. The first defendant didn't exactly know how the leads were generated because they didn't ask. I'm sure some clever legal person would explain how this is negligent. The first defendant has offered to pay about 15% of the claim plus my claim costs and has also apologised and terminated their use of the second defendant. The first defendant is a very big UK nationwide retailer (Sounds like dicks and carhorn whorehouse) of all things technical and is branching out into providing / distributing broadband services - hence this business activity. The second defendant is a grubby bottom feeding outfit that is responsible for probably millions of the spam calls that are made in the UK each day. I have agreed to settle with the first defendant and have signed and returned N279 Notice of Discontinuance. I think I am better off getting them out of the picture and it saves having to argue vicarious liability or negligence etc. Since proceedings started in June, the survey calls have continued. I know the second defendant is responsible because they are calling asking for the same incorrect name of someone who has never lived at my house. Some of the calls are exceptionally abusive. I would like to discontinue against the second defendant too and reissue a bigger claim. Is this ok?
  17. Hi, I posted this in another VCS BW Legal thread and got a reply suggesting I post it as a new thread in its own right so I have pasted it below. I have what I think is the same letter as many others. It is from BW Legal representing VCS. It is dated 20th June 2016 and says "our client now requires full payment of the Balance within 10 days from the date of this letter, this date being, 30th June 2016, failing which our client has instructed us to commence county court proceedings against you for recovery of the balance. My question is what happens next and what should I do? I am unfamiliar with the County Court proceedings. I am prepared to go to court if need be. I wonder if BW Legal take my non response as indicating I am soft touch and that I will fail to reply to a County Court Claim and they would win by default. I am thinking of replying to them with - I do not recognise the debt. I will dispute it in the County Court. Any advice on that one? Three features of my case which I think are different. I am perfectly entitled to part where I was. There can be question of a loss. By coincidence, my wife, a nurse, picked up a similar ticket at the same time when visiting a hospital she was entitled to but not displaying, so we are being chased for two payments. She has had the exact same thread of emails at the same time as me. Lastly BW Legal got my mobile number and rang me twice and sent a text once. That felt very intrusive. Some details. On 14/11/2011 My company moved into new premises. I signed up for a designated parking space, which I pay for out of my salary. I have paid for that space every month since and am still paying for it. I am entitled to park in that space 24/7 365 days a year. I occasionally use my wife's car and on this occasion forgot to switch the permit back. I got a PCN is for "Parking without displaying a valid ticket". My position is that as the only person entitled to park there is me there can be no loss for VCS to recover. Their charge of £100 for such a simple over sight is arbitrary and excessive. I do not recognise the debt. I have not appealed or responded as I have no faith in the impartiality of any body I have been referred to so far. In my view the only body which can put a value on the 'debt' is a court. Obviously if a court ruled I had a debt I would pay it immediately. Brief standard details and timeline 29/7/2015 PCN attached to the car. 4/9/2015 VCS £100 Notice to Keeper / Driver demanding £100. 14/10/2015 Debt Recovery Plus £160 Demand for payment 29/10/2015 Debt Recovery Plus £160 Notice of Intended Court Action 13/11/2015 Debt Recovery Plus £128 Reduced Payment Offer 30/11/2015 Zenith Collections £79.99 without prejudice. Zenith Collections are now responsible for recovery, 10/12/2015 Zenith Collections £79.99 Pay £79.99 or we withdraw the offer. 23/05/2016 VCS - 'sent' to BW Legal 23/5/2016 BW Legal £154 Been instructed... will seek clients instructions w/c 04/06/2016 BW Acquired my mobile number and rang twice leaving messages.(I do not know how the got my number) 20/06/2106 BW Legal SMS Message to contact them 20/06/2016 BW Legal Pay by 30th June, failing that our client has instructed us to commence County court proceedings.
  18. This happened at the back of the Exeter Arms in Derby, 2015. I went round the back of this pub to park and unload my equipment in to the pub but all the parking bays owned by the pub were taken, s I did pull up near the rear entrance to the pub unload my equipment and then take my car round the front to park on the street which by that time was free parking. Some weeks later I received a letter from VCS with a fine for parking there. I was going to ignore it but my wife talked me into sending an appeal letter, which of course was rejected. Now I'm receiving lots of correspondence from CVS and now bwlegal. Up to now I've had a couple of letters from bwlegal threatening to take me to court if I don't pay up, even quoting a successful court case of ParkingEye Ltd v Beavis [2015] UKSC 67. I guess what I'm asking is, should I continue to ignore these letters or is there something I could do?
  19. Hi there We have a mortgage with Natwest and have fallen in arrears of £9K and they have issued Repossession proceedings with a hearing date next week. Ascent Legal are their solicitors and have written to say that they are willing to do a payment plan with a suspended order. We have been trying to arrange the arrears to try and avoid the court route but has not been possible. We are planning to call Natwest tomorrow to put a payment plan in place, any advice before we call them would be highly appreciated. Also, we haven't responded to the court claim as yet, do we need to if we are planning to come to an arrangement with Natwest? What is the maximum period that this order will allow us to spread the arrears? Many thanks IM
  20. I have received a letter "Enforcement Process Commenced for a penalty charge notice to Birmingham City Council for which I know nothing about. I am now stressed wondering whats its all about. The NOtice of enforcement says I owe BCC £97 but sum outstanding is £407. A warrant was issued 08-10-15 which I have never received or even know whats its for. How can I get a stop put to this while I find out much more information about whats going on and why I have never received any other correspondence or court papers? Please give link to relevant document/process so I can sort it out this weekend if you know of one. Also BCC is not local to me it takes me a hours drive. Do I have to go there or can I go to my local magistrates courts? Thanks for any assistance.
  21. Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
  22. Name of the Claimant ? Cabot Financial UK ltd Date of issue – 3 march 2016 Date to submit defence = by 4pm Monday 04/04/16 What is the claim for – the reason they have issued the claim? 1.The claimant claims payment of the overdue balance from the defendant under a contract between the defendant and halifax dated on or about October 23 2006 and assigned to claimant on June 27 2014 What is the value of the claim? £4695 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? 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. Cabot financial Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot recall a letter of assignment Did you receive a Default Notice from the original creditor? I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don’t think so Why did you cease payments? Ex partner ran up about £35k of debts in my name, then did a bunk, I only work part time to look after our daughter, and don’t have any money for debts, so payments stopped What was the date of your last payment? Around October 2010 Was there a dispute with the original creditor that remains unresolved? Not that I am aware of Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? yes, and offered a lump sum of £500 in Full and final about 3-4 years ago Hoping someone can help me please, Restons have issued against me for an old debt that my ex partner ran up in my name. I've filled in the questions below that I saw asked on another thread. I'm posting the CCA request off tomorrow, I did a data protection request a few years back and I was sent unsigned terms and conditions and screen prints of my details thank you
  23. I'll try to keep it brief but succinct: I've received various bog standard letters from Shoosmiths on behalf of Arrow Global, about a HSBC Credit Card debt they bought from the Bank in 2014. I have taken no action with regard to these. Shoosmiths have however today tried to up the ante by threatening Court Action unless they have my proposals for repayment within 14 days. Is it appropriate, at this stage, to send a CCA Request letter (and am I correct in sending it to Arrow Global, who are the owners of the debt, and not HSBC, the original creditor? The letter from HSBC that I have, dated July 2014, states that "Arrow Global is now the owner of the account"). Should I also request that Arrow Global advise Shoosmiths not to take any further action until / unless my CCA Request has been complied with? Should I further write to Shoosmiths, advising them of the request that I have made of Arrow Global? This debt was previously (2012) being handled by CapQuest, on behalf of HSBC. I sent a CCA Request at that time. CapQuest acknowledged that they were unable to provide copies of the relevant documents. Should I advise Arrow Global / Shoosmiths of this fact, or is it better to keep my powder dry at this stage? If the above course of action is not the correct one for me to take, I'd be most grateful if you could point me in the right direction! Many thanks Airtomoreira
  24. hi, any advice on clarifying a small matter would be helpful. we bought a bed for our son from an online store. the bed was hardly used as was in spare room just before the one year warranty it broke. they sent him a part to fix it but it broke again, same fault as before . he got in touch with the retailer and after some back and fourth they have said not their problem and have given us the manufacturers details. are they right or should the retailer sort this out as we believe the bed is not fit for purpose any advice would be appreciated.
  25. Good day all. I've got some on going issues with debts being managed by Lowlifes (via our friends at BW Legal). I've covered most of these elsewhere but in brief over £500 was mysteriously added to the account according to my credit file, they weren't updating my file regularly to reflect payments made and also a default has been recorded unreasonably late (IMO). I raised a complaint and they replied with a derisory compensation offer but a promise that the accounts would be brought up to date within 3 weeks. I decided at this point that if this happened I'd be happy and waited. It didn't. They did reflect the payments to date (but it is now behind again and hasn't been updated) but didn't correct the £500+ charges added nor the default date issue. I sent them an LBA and have had no response and need advice on 2 issues: 1. I sent the LBA about 5 weeks ago. Unfortunately some work issues etc meant I have only just been able to get back onto this. Do I need to send a new LBA due to the time passed or is it within my remit to decide when I issue? 2. As it isn't technically a money claim (though I will be asking for compensation) but a claim for failures under the DPA and guidance related to it from the ICO can I issue online through money claim or do I need to get a paper form? Any guidance and advice gratefully received as always.
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