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Found 14 results

  1. Hi, just a quickie... Is a PPI claim construed as an admission of liability on an account? Less than the 6 years for Statute Barred, so would that set a company back chasing? They don't have the original "wet" agreement and so can't (at the moment) take this to court as it was before April 2007. Any advice gratefully received. Thanks H. x
  2. Hello all, I have received a claim from 1st Credit in regards to an alleged Lloyds TSB Loan. Unfortunately the claim form came whilst I was on Holiday and so I have missed the date in which to respond. As advised by your Set Aside section, I have contacted both the court, and their representative. Whilst it bugs me to pay the Application fee (as I had no chance to respond) I want to still defend this. So any advice will be appreciated. Just to advise, I have not sent any letters as of yet, however, I did a SARs a year or so ago and so have a lot of paperwork that may be helpful. Name of claimant: 1st Credit (Finance) Ltd. Date of issue: 03 Aug 2016 Date of acknowledgement was the 22nd, I never seen the letter until the 25th and logged straight into acknowledge but judgement had already be served (23rd). What is the claim: The claimant is the assignee of a Lloyds Bank PLC debt in the sum of xxxx assigned on the xx/11/15. The statutory notices were sent to the defendant. The debt is a loan account first opened by the original creditor on or about xx/xx/2010 under the reference xxxxx. The defendant used the credit facilities. On the xx/xx/2012 the account defaulted with an outstanding balance of xxxx. The claimant and its predecessors in title demanded repayment of the sum due. In breach of contract the defendant failed to repay the sums due. What is the value of the claim? around 9,000 including their costs and fees. Claim is for Loan and was entered into after 2007 It has been assigned and it is the 1st credit issuing the claim. I received a chasing letter from 1st credit advising that the debt had been assigned with a copy of an suspect notice of assignment from Lloyds TSB. The reason I say it is suspect is that the address has extra letters in, which are then replicated on the 1st Credit Letter - almost as it had been printed from the same details. These letter have never been on any letters from Lloyds. Did you receive a Default Notice from the original creditor: Not that I can recall, I know I never received the annual letters for two years of so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I think these maybe the letters I refer to above. I never received for two years then they were sent. I do not have the date they were last sent but I can find out. Why did you cease payments? Serious debt issues, I lost job, and then went self employed, then had a knee operation. What was the date of your last payment? Nov 2011 Was there a dispute with the original creditor that remains unresolved? No I advised Lloyds numerous times I was struggling and in financial difficulties, but they kept hitting me with charges. Late payment, charges, then taking money from my overdraft, taking me over my planned O/D resulting in more charges. What you need to do now. I have a copy of the CCA - however, I am not sure on what information I should receive as part of this req I will Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. Request 1 - Loans/Credit Cards Thanks in advance
  3. Made a subject access request to Santander. One of the acknowledgement letters they sent says this (in bold): If anyone here has made a subject access request to Santander, can you please check the Acknowlegement letters to see if it says the same. If it appears can you include a scanned copy of the letter on this forum. The ICO has told me: Santander acknowledgment letter also says this about call recordings: Santander did send me call recordings, but one of the recordings had a bit missing from the dialog. I've reported it to the ICO. They've just got back to me after 2 months and said I need to ask Santander for the missing data. I'll probably do that, and let everyone know if Santander does locate the "missing data". BTW, about storing call recordings under telephone advisor's login (and not by customer name or account number). I'm pretty sure the Data Protection Law says if a living individual can be identified from the data, then it's classed as personal data. Here's the quote from the ICO website:
  4. A friend has had a Money Claim but cited with a co-defendant with whom she has not had any business association whatsoever. There were two amounts - one hers and another owed by the co-defendant. Unfortunately she did not enter any defence and has received Default Judgment for both debts, Court Fee and a Solicitor Fee of £100 (no invoice submitted as proof). She now is prepared to admit her debt and offer instalments but needs to disclaim the debt of the other Defendant. What Form needs to be submitted N244 or N245 or both? As she has a very low income she can request a remission of Fees with Form EX180
  5. Last month I sent a letter of mandatory reconsideration to challenge a benefit decision. The decision did not involve a sanction. I have received no acknowledgement by now. I have spoken to the benefit centre and they phoned me back saying that they have not received my letter (I have proof of signature) and as long as they are concerned there is nothing I can do. Is this right? Shouldn't I be entitled to have my case reconsidered? What should I do? Is this the latest trend at the DWP? What is the procedure? Thanks.
  6. Hi all. my sister has received County Court papers through the post for an £800 debt (£1000+ with costs) that she cannot pay up front. She rang the issuing solicitors with an offer to pay £20 a week, which was agreed to and she is now awaiting Standing Order forms from the solicitor to set this in motion. My question is does she still acknowledge the service of the CC papers and if so, what would she say on them? Would she simply mention the arrangement? The solicitor assured her that the offer to pay will stop the court order proceeding. Does she trust the solicitor or not? Thanks all
  7. Morning all, This is my first posting on these forums so apologies if it's in the wrong place! This morning I received a claim form from Northampton County Court Bulk Centre with the claimant Arrow Global stating the following particulars of claim:- "The claimant claim is for £1401 being monies due from the Defendant to the Claimant in respect of a regulated credit card agreement between the Defendant and the Royal Bank of Scotland (card number XXXXXX) and assigned to the claimant on 15/12/2010, notice of which has been provided to the Defendant. The Defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of £1401.00." I believe that this relates to an old Mint credit card which I had in my teens but no longer hold any paperwork to, but I am also under the belief that I have not made any form of payment in relation to this debt in a long time (possibly more than the 6 years required for a debt to be SB). I've checked my bank statements as far back as 2007 and can't see any record of payments to Mint during this time so I'm thinking about using the complete defence of the debt being statute barred, however before I do this, is there a way I can find out for definite when the last acknowledgement/payment of the debt would have been? I have checked my credit report this morning with Noddle and nothing shows from Arrow/Mint. What should be my next steps? Should I call Arrow and ask for the last payment date in writing? What should I do with the claim form? I know that time isn't on my side here so would appreciate any input from experts in this field. Thanks in advance.
  8. Having lurked here for some time and I am currently discussing (by letter) an alleged debt with Arrow & Fredrickson I am interested in precisely what they must supply to comply with a CCA request. Do they have to supply statements going back to the beginning of the credit agreement? If not how far back - is the last issued statement sufficient. Must there be some documentary evidence of the last payment made? Do they have to prove who made that payment. ( I have read that some unscrupulous DCAs make payments to keep alive debts that would otherwise be Statute Barred). If the debt has been 'bought' do they have to provide anything other than a statement of fact. I believe the actual transfer deed showing the price paid is confidential but must they supply a copy of it (wuth the appropriate parts redacted) I hope this is not a too detailed request for a first post.
  9. Hi, LloydsTSB upheld my ppi complaint, but have not reimbursed the full ppi amounts. I submitted a claim, the court replied with a date of 20th Feb in which the defendant had to reply. I requested Judgement on 21st Feb, they acknowledged on 21st as well. My judgement request was first. MCOL state that this is common practice, yet CPR rules dont say that. Shall I make an application to strike out the claim, as Lloyds have upheld my complaint in any event, and they have no real prospect of sucess??? should I make this application at my local court and not northampton? any help much appreciated.
  10. Hey everyone, I was wondering whether anyone has any experience in negotiating with DCAs without acknowledging debt? I know that on the surface it might appear contradictory, but it'd be helpful to be able to liase with them about settling the debt without restarting the 6 year timer every time. I know that payments reset it, so I'm only talking about arrangements that completely settle the debt. Is this possible? Has anyone done this? I've seen threads on writing to DCAs with non-acknowledgement telling them to go away, but no threads on negotiating with non-acknowledgement. I'd appreciate it if we keep this thread to people who either have experience with this, or have good knowledge on the laws in relation to this, to keep it an intelligent non-speculative post. Thanks. Rob
  11. Hey everyone, I'm new to this site, I've read up on a lot of posts and it seems like a great community. After a few years of making small payments, missing payments, ignoring letters from creditors (the usual stuff eh), I've decided to write to them all making F&F offers. I've been living in U.S. for the last 2.5 years, but have had the letters emailed to me through a relative. To cut a long story short, I'm pretty broke and currently unemployed. I'm a UK citizen but am currently a U.S. resident. To be clear, I don't want - nor has it ever been my intention - to abandon my debts and live out here until the 6 year period is up. I came over with the best intentions of getting a high salary and everything working itself out, but that unfortunately hasn't ended up happening. Big surprise eh! I've got 10K of debt (phew, that feels good to say it out loud, so to speak), and like most people on here once I get a good paying job I just want to get on with my life, without being burdened with a pile of debt. A family member has offered to help me settle the debts, but they only have a limited amount, so I'm going to make F&F offers to all of the creditors. My question is - should I state in my letters that I am residing overseas? And if so, how should I word it? On one hand, I don't want to be deceitful in making out that I'm living in UK (although that's what I have been doing for simplicity's sake). On the other hand, I really don't want them to demand my US address / phone number / whatever for communicating with me. Is this something they even care about? On another note, will it help my chances of bartering with them if I say that I'm overseas? i.e. a broke, jobless guy who has been in default for the last 2-3 years and isn't even residing in UK might make them think "We'll take what we can get". I don't know...what does everyone think? Cheers Rob
  12. Please can someone help with some kind of timeline. In July 2012 I fell down a large pothole in Tesco car park and broke my ankle and elbowI contacted a Solicitor and she told me that the other party have 21 days to reply to her letter acknowledging and the 3 months for their investigation after which they will give their result. He told me that he had sent a letter at the end of July and by Sept, had not even received the 21 day acknowledgement. she eventually got an acknowledgement from Tesco in Dec.....she is now telling me they have 3 months from the date of their acknowledgement in December- to do their investigation March 30th is a cut off date. Can this be right? If a company ignore several letters to give an acknowledgement , surely all they are doing is deferring things. Should the 3 month investigation period not start from 3 weeks after my solicitro sent the letter, I mean what if a company does not acknowledge for say 6 months..Is it right they can legally defer it? Thank you
  13. Hello, I accidently sent a Statute bared letter a few months early to a DCA. Would this be taken as acknowledgement of the debt and render the 6yr period obsolite as from the date i sent the letter? Kind regards
  14. I know that a payment constitutes as an acknowledgement of a debt but what else specifically constitutes as an acknowledgement of debt? Does the acknowledgement have to come from the debtor or can it come from somebody else? Does the acknowledgement have to be in writing or can it be verbal? Thanks in advance Blackchilliman
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