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  1. Hi im new to the forum I have recently stopped paying my loan, I recall the loan company sending me out my loan agreement and making me hand sign it in late 2016. If I was to do a CCA will they need to show the signed agreement?
  2. Hi there I am guessing this is a common problem. Around 2 years ago, I received a threat from Cabrot regarding an £8k credit card from Halifax taken out in 2000 (I think - may have been 2001). I followed instructions and sent them a letter requesting a copy of the CCA and got the usual BS saying they couldn't find the file but I am still liable for the debt, the last I heard from them was August 2016. Anyhow, out of the blue. Yesterday, I received a letter from our beloved friends stating they had found said documents and they believe these were enforceable to obtain a CCJ. There is no signature on the forms and the page numbers do not correspond properly with corresponding numbers either missing or duplicated (I have copies attached with details blanked out - I can only upload 5 but have another 5 or 6). Additionally, there is no credit limit either, just a note to say that it will be determined and could vary. They do however, have my name & address on the top of the form. Based on this would it be enforceable and accordingly, how should I reply? I had hoped this had been put to bed but sadly not and I'm hoping I am not screwed. Thanks in anticipation. KR
  3. Good afternoon, I have recently found my original finance agreement from Welcome Finance in 2007, for which I believe I was mis-sold shortfall insurance on the agreement. I was told by the salesman that if i did not take the shortfall insurance, then i would not be provided with finance. I had no idea it was optional until recently. I have contacted the FSCS in relation to starting a claim as per the Welcome website, I have the original credit agreement however, I have no details as to who the shortfall insurance was through as a) I was not given any documentation by Welcome other than the credit agreement and b) I never had to make a claim. I cannot contact Welcome as they are no more and want to have as much information as possible for the claim. Naively, I thought it was via Welcome Finance but it appears that was just the credit agreement. Can anyone assist with identifying who the shortfall insurance was through? the date i tool the policy out was April 2007. Any help appreciated
  4. Hi My friend received a letter from Sandwell Council regarding 14 Day Notice for tax liability order dated June 2007. My friend leaves in Sandwell council house from 2009 and this is the first time (it's been 10 yrs) he received any notification about the Liability Order. Previously, he was renting a room from his friend and the room payment was covering all bills, so his friend's name would be on the rent agreement. Could anyone advise if the council can request the money since they have not been in touch about the court order? Thanks MJK
  5. Hi, I have a debt with Capital one. the account was opened July 2007. IS there any point in asking for CCA? how to best deal with it ?
  6. I took out a Unsecured Personal Loan with Halifax online in December 2011. I was NEVER asked questions like, can you afford the payments, are you employed/unemployed, and I certainly was not asked about my income. This have got so bad I am currently on an IVA - Halifax increased the IVA from 5 years to 6 years forcing me to pay for longer. I am now wondering if bankruptcy is the best option. Do I have a claim that Halifax lent to me irresponsibly without going through my finances first?
  7. Hi, Been on Forum for ages and managed to win all but one claim that has been brought against us with advice from here. However, this one is confusing me a little as not had to do it in a while. My wife had a Marshall Ward catalogue taken out in Aug 07 so after the April changes, everything was fine until 2012 when we got into a bit of trouble one thing led to another and she got defaulted, in 2013 Capquest aquired the debt, we CCA'd them, they sent a recon agreement and then all went quiet. Oct 2016 my wife starts to get letters again from Capquest and now passed over to Restons. We have SAR Shop Direct as we know the account has a few hundred in charges, and sent a pre action letter to Restons. Now I know the Default is invalid on at least one point but the recon CCA that capquest sent in 2013 I am not sure it is complete and correct. I understand that post 2007 CCA have very little wriggle room. I am going to be sending off another CCA to Capquest see if they can get anything this time. 1: Dates, it is dated by them nearly 4 months before the account was opened. Is this valid? 2: It has a term under key information that says "Details of up to date charges in relation to each of these matters are available from us" . They never sent anything relating to the charges mentioned within the CCA, do they still have to include everything mentioned? 3: Final agreement, again is dated 2010, the account was terminated in 2012, are these correct 4: Neither agreement has a tick box just a sig box, Is this right? Does any one have a copy of the original T & C's from Marshall Ward Spring 2007 and ISME from Autumn 2012, I am sure I have seen somewhere that the 2011 /12 agreements actually mentioned the £12 default charges whereas the agreements I have don't.
  8. Dear Everyone, I am going to submit a PPI claim for a Ford car loan I got from a ford dealer in 2007. The ford sales man said the PPI was compulsory to get the loan. It was my first car loan. I have a print out of all the payments made, and the final balance being cleared which HBOS provided me. However, the monthly payments are the aggregate of the loan repayment + the PPI. I don't know how much the PPI component was and don't have the original documentation or loan agreement, but have proof of the loan and it being paid back. My question is: Do I need to know the exact PPI number? Or, can I submit the letter stating that the loan had PPI included in the payment and I wish to reclaim the PPI component plus interest? Note, I have a letter from HBOS saying they have no record of the loan. But then I got another department at HBOS to forward me the full payment schedule of the loan and the date the final balance was cleared. As the loan was taken out in 2007, and I don't have an agreement, can anyone advise if I have a chance on this and if the printout that HBOS sent me (after HBOS PPI desk said they had no data on the loan) would be adequate proof and if HBOS will then calculate the appropriate PPI figure from the loan? Any advise would be grand, and if anyone took out ford Finance around 2007, please could you let me know what the PPI amount was per month? Thanks M
  9. http://news.bbc.co.uk/1/hi/programmes/panorama/7034187.stm http://news.bbc.co.uk/1/hi/programmes/panorama/7037635.stm http://news.bbc.co.uk/1/hi/programmes/panorama/7037933.stm http://news.bbc.co.uk/1/hi/programmes/panorama/7034492.stm More links on the above pages to look at but here's a few for starters!
  10. In 2007 Government presumably Labour, in Parliament agreed that a lass OR fellow living ALONE could have savings of £16000 , HOWEVER, if they go together,married in one householder. Then this total i.e £32,000 was reduced to just £16,000. Move on to 2016 and these figures have not been changed. Yes! the single person home still has enough permitted finance . BUT not the couple. Before anyone says,but surely the couple have enough! Costs have gone up dramatically, even if it is only funerals to consider. So if any of my readers have parents, now is the time to ensure they are aware of this ancient ceiling. Since, if they are now or could be on benefits of any kind - then going over the limit can be costly. Being unaware of the maximim savings you or your parents can hold will not stop severe penalities on discovery. Indeed the penalities can be thousands. Where the money came from is immaterial - even if it was from recovery after a crime! Burglarly card fraud for example. We hear of cases of relations discovering shoe boxes of cash when clearing out their deceased houses. Also parents being assisted by helpers, having cash stolen, then too proud to tell relatives. Perhaps rare but neither the less heartbreaking incidents. Personally I was below the permitted level, then repayment of stolen credit card money +the interest+ my monthly payments - sent me over the limit. Irronically I'd been warned that whilst a credit card company can repay the looted funds,SHOULD they later discover any of the items should not have been compensated -they do claw back these payments. If you have parents, or yourself, ensure you know the requirements,plus warn against squirreling away cash at home. Obviously 'hidden' cash in banks is not secret from Government though. Finally if you get a windfall, and are on Government support EVEN if it is just A COUPLE of QUID - Tell them least they may think you have other money stashed away. Readers query this last item - In my case it was £1.06 a month pension!!
  11. Yet again another debtor has been found guilty under section 68.1 of the Tribunal Courts & Enforcement Act 2007 for interfering with controlled goods and also for criminal damage. Of serious concern is that this person was also represented by a McKenzie masquerading as a 'Lawyer' who has been responsible for a number of failed legal cases over the past couple of months that have resulted in debtors losing many thousands of pounds. In this particular case, the brief background is that Croydon Council issued a penalty charge notice and the debt remained unpaid and was passed to their bailiff contractor; Confero Ltd to enforce. The enforcement officer attended the property and located the vehicle. A wheel clamp was applied and the relevant statutory notice posted through the door. The owner of the vehicle forcibly removed the wheelclamp and drove away in the car. Later that same day he was arrested by the police and charged with the following: Criminal damage (to the wheel clamp) Theft of the motor vehicle. Intentionally inferring with Controlled Goods without lawful excuse. The vehicle was removed to the enforcement companies car pound. He was bailed and had a first hearing at court earlier this year (May). The individual claimed that he had not received statutory notices from Croydon Council and accordingly filed an Out of Time witness statement. It is assumed that this had been rejected. At Bromley Magistrates Court yesterday (5th October) he was cleared of the charge of theft of the motor vehicle but was found guilty of the other two charges (criminal damage to the wheelclamp) and interfering with controlled goods without lawful excuse. He was fined a total of £1,598
  12. Hi Everyone I have not been on here for a long time as thought all my worries were over after selling our home of 17 years due to Acenden and another well known mortgage vulture. Anyway we have been renting for the last 5 years and have received a letter from a debt collector for an old debt from 2007. They are threatening a statutory demand then bankruptcy if we don't pay in the next 7 days. I am aware that all debt collectors are bully boys and have dealt with alot of them over the past. I presume this debt as it is over 6 years old cant be chased?? Bankruptcy is not an option as rented property is difficult to find as it is. We by the way received next to nothing once the sale of our house went through 5 years ago and live month to month as my Husband is self employed. Any help would be gratefully received Thanks again in advance
  13. This thread seeks to examine the provisions contained within the Tribunals Courts and Enforcement Act 2007 in regards to the protection of vulnerable debtors.
  14. Hi every one, I discovered that I have a few credit card agreements post 2007. This includes Capital One and HSBC. What I would like to know is: - Can charges of £12 applied on this accounts be claimed too just like in the pre 2007 agreement? I noticed that most of the banks claims that it is fair. Your advise, comments and guidance is welcome. Dot
  15. Deposits taken before the 2007 date for deposit protection legislation need to be protected even if the tenancy was a periodic tenancy at the time the legislation came into force, and has remained so. Charalambous & Anor v Maureen Rosairie Ng & Anor [2014] EWCA Civ 1604 http://nearlylegal.co.uk/blog/2014/12/p ... ossession/ It seems that while the financial penalty doesn't apply, a legal Section 21 cannot be served. My OH got caught out by this (Section 21 was issued before the above judgement). Luckily, the tenant didn't find out that the notice was unlawful and left! We might have to sue him for failing to give adequate notice (joke).
  16. In September last year I started a new thread regarding a very serious case concerning a debtor who had been arrested for assaulting a bailiff. The reason for the debtor's arrest can be seen in the following links from that time: http://www.consumeractiongroup.co.uk/forum/showthread.php?433030-Debtor-charged-under-section-68(1)-of-TCEA-2007-with-quot-intentionally-obstructing-a-bailiff-quot-.(20-Viewing)-nbsp
  17. Hi everyone Thank you all for doing such a fantastic job you people are awesome!!! So heres debtnumber 2 and brief story for all those who wants some backgorund info So my story.... I used to work for HBOS plc (Halifax) as an IT specialist. In July 2007 During my time at HBOS I became severely ill with encephalitis (similar to meningitis) which left me disabled and stuttered and completely inaudible amongst other symptoms. As a result In 2008 I was let go by HBOS after 8 months of SSP - due to my long term sickness. Unsecured Loan 2 - From HBOS - £7000 (Home Improvements) 2007 Last payment was in late 2007 possibly early 2008 - my records are not great during the period of my illness. So I recieved a letter last month from 1st Credit Saying : **Limited Discount Opportunity** Pay only 5% of the debt - £325.55 for a debt of £6511. So I'm thinking I applied on my PPI in 2007 to have these loan payments covered and I believed it was settled. Now 1st Credit allegedly own the debt. Easy option Pay them? Them i'm thinking its statute barred anyway - It must be because no payments must have been made after 2007 - 2008 as I was in a coma and there was no money left in my accounts.. Should I reply to them with a CCA request? Denying al Knowledge of the debt.. Is it worth the effort if it takes a year for them to disappear ... Also the debt doesn't show on my Noddle credit file. Advice please. Thank You
  18. Hi again So here you go again another copy and paste of my brief story .. Enjoy ..Oh and my 3rd alleged debt.. Please help So my story.... I used to work for HBOS plc (Halifax) as an IT specialist. In July 2007 During my time at HBOS I became severely ill with encephalitis (similar to meningitis) which left me disabled and stuttered and completely inaudible amongst other symptoms. As a result In 2008 I was let go by HBOS after 8 months of SSP - due to my long term sickness. Debt 3 - Halifax Packaged Account Defaulted in 2007/2008 - one of those pay £15 a month for perks you never use. Debt now owned by Lowells. I worked for Halifax they signed me up as staff and I didn't really get much information about the account other than internal IM comm's. Last Payment I made to this account must have been 2007/2008 as I was in a coma after that and there was no money going into that account. My overdraft was £1000 - so the extra £468 must be charges and unpaid monthly fees. Debt has been sold to Lowell who have just sent me an annual statement of account.. From what I have read on the Forum I believe this debt is now Statute Barred? My next steps... Not to acknowledge the debt? CCA request? Statute Barred Letter and removal from credit file? Advice and help and comments and sticks and stones and the kitchen sink... Let me have it Please Thank you Beautiful People
  19. Hey, Can someone please offer me some advice here in relation to my option (if any). Just gained access to my credit file and see that there are 2 loans listed against me, the first one of my car loan from ACF Finance which I will post later on to get some help with these cowboys. The other is from a loan I took out in 2007 with Welcome Finance who had their credit licence removed from them I believe a few years back. The WF loan I unfortunately fell behind with after being losing my job and ended up defaulting on after they starting applying their massive fees and other charges. From memory the last payment was made in 2007 however this is still showing up on my credit file. What it appears to show is that MKDP who probably purchased this loan ended up registering a default on my credit file in 02/01/2010 yet the loan way taken out in 22/10/2007 and defaulted 3 months later. Does the 6 year period for statue barred account start from 2010 or is there something a miss with the originally creditor not placing a default on my account. Can anyone help me some advise with this one please? Many Thanks Scott
  20. I had a credit card with Virgin (MBNA) I got into financial difficulties and had to agree reduced payments, these have been made religiously by standing order and never missed for over 2 years, in fact I have increased the monthly payment myself without any prompting from them. For reasons best known to themselves MBNA have now assigned the debt to Moorgate Britannia, MBNA have marked their default as satisfied and Moorgate have registered another, albeit with the same dates. So having stuck to my agreed payment plan and in fact increased the payments off my own bat to try an clear the debt as quickly as possible, I now have 2 defaults for the same debt, is this allowed and if not what can I do about it?
  21. I wonder if someone can give me some advice. In November last year I lost my job, I had managed, up to that point to keep my head above water to a certain extent. Now I am on JSA of £71.40 a week and I can no longer keep afloat. I contacted Stepchange who told me to contact M&S and get a copy of the T&C's and also the CCA agreement as I took this out in store with one of their reps in 2006. I rang M&S and they said it would be sent out, it was not. In December I rang again and asked for the documents. Still nothing. This morning I received a default notice and I rang M&S they said they are sending it out but that my account is now seriously in default. I told them that I had repeatedly requested the CCA previously. They have said it will be with me in the next seven days. Stepchange have sent me a pack out for sending out letters offering to pay £1.00 as that is logically all I can afford to pay. This i am in the process of doing. The total value of the M&S debt is in excess of £10k because this is a prior agreement taken out before 2007 and M&S have stated to me that there was no updated agreement, how enforecable is this debt exactly? I have had a look at some of the htreads on here and I see that some of you have really been through a massive wringer with them challenging the legal veracity of these debts, but has anybody actually come out of this the other side and that has been the end of it i.e have they concluded that the debt is not valid and walked away writing the debt off? Maybe I am in lala land with this regard I don't know. My debt was not clocked up by riduculous spending but by legal fees. I had a boundary dispute on at my home which ended up costing me well in excess of £35k. The solicitors needed paying and although in the past I was really careful with this card, I turned to using this card to pay the legal debts and it just flipping well spiralled. I won my boundary dispute but now I have another problem and that is they are now causing me sleepless nights worrying over this damn debt. My home is up for sale and I will probably end up renting for a bit to be honest. In reality though I just hope I can find a way out of this mire!! Thanks in advance
  22. Hi All, Apologies if this is posted in the wrong section or has been answered elsewhere. I am dealing with Hillesden/dlc and am going to send a CCA request for the original credit card agreement. I have read a lot on here regarding the CCA request and what they must supply but my question is this: The credit card agreement, with Citi, was taken out in 2001, so do they have to send a copy of the original signed agreement, or can they just send a true copy of what the agreement was back then, without my signature. I understand that a lot of agreements prior to 2007 were inaccurate or didn't comply with certain guidelines? Many thanks for your help, and sorry again if posted in the wrong place!
  23. We just recieved a letter from HMRC advising us that we owe £218 in tax credits from the year ending 2006/7. Looking for advice on what I should do next. To give you some background, we claimed tax credits when our son was born in 2006, and thanks to an error when we updated our details, we were overpaid around £1,000. The error I believe was their fault, as we rang up to change our details and the operative appears to have changed it to a solo claim, thereby disregarding my income (which was from a full time job). I have never challenged this overpayment, and given the changing of rules, and time limits on disputes, it almost seems impossible to do this anyway. Several hundred pounds was reclaimed via a reduction in our claim, and I later (around 2009) agreed to a repayment of £60 month. We had by this time given up on tax credits, and a little later we would be other threshold anyway. I maintained the repayment schedule for around 6 months, until a temporary pay cut forced me to cancel the DD. Fast forwards to 4 years later, and here I have a letter advising me I have fallen behind with my repayments! Now I appreciate I may have to pay this amount ultimately, but what are my options.? I see no way of being able to dispute this now, given the rules changes. I also believe that collection via the courts is probably now statute barred I would be happy to arrange a repayment of say £20 per month with them, but ideally I don't want to pay it, given the time elapsed and te general feckelessness of the system when I was actaully claiming. Advice please
  24. I rented a property in January 2007 and paid the deposit. As it was prior to the new rules of deposit schemes, the landlord held the deposit. After being tricked into leaving in October 2007, the landlord refused to give the deposit back. I have tried sending requests to return it, but get ignored. I thought i would try moneyclaim.gov.uk, but i cannot use it for tenancy deposits. Is there any other way to claim for this money? I am also claiming part of October's rent too. Any help would be appreciated.
  25. hi everyone im lookin for help regarding a credit card i used to have in 2007 ,i got hit with a lot of charges for late payment etc a i was strugglin to find a job . the account got turned over to a debt collection agency and i told them i was in the process of claiming my charges back. they understood the situation and put the account on hold. i put my claim in to barclays and never heard a thing from them or the debt collection agency and because the amount they ssaid i owed was practically charges i assumed they writ the debt off. recently i have had a letter from the debt company asking where i was with the situation as i still owe the £2250 debt and that i need to reply to them within 7 days or they will continue proceedings. im at my wits end ,i dont know what to do as i thought it was all settled . any advice anyone can give me will be much appreciated
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