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Found 288 results

  1. Hi My wife has received a Pre-Action Protocol for Debt Claims from Drydensfairfax, for an old debt from 1998 at an old address. Arrow recently started sending letters to our new address and continued despite being returned as not known at address. They now appear to be instigating court proceedings. Unfortunately I expect this is not outside the statute of limitations as I have been paying £1 per month by standing order since she defaulted in around 2000/2001 (from my account not hers). Whilst she is working, she is not in a position to pay it off as she is currently just managing to maintain her current credit. Naturally we do not want a CCJ, ideally she is hoping to consolidate her current debt soon to help manage and prevent her credit status worsening. I would really appreciate any advise you could offer, in particular could I ask: - should I send the suggested CPR 31.14 request (as this seems to mention a specific court that has not yet been advised)? - should I send the CCA request to Dydyenfairfax or Arrow? - I have seen a Debt Prove it letter, would this be appropriate? Also, I have listed below the details as suggested: Name of the Claimant ? Drydensfairfax Solicitors/Arrow Global Guernsey Ltd Date of issue – 04/02/2019 Date to acknowledge) - 09/03/2019 - We are instructed by our client, Arrow Global Guernsey Limited, in relation to the above debt. If you do not provide proposals to repay this debt, or respond as otherwise detailed in this letter and it's attachments, legal proceedings may be issued against you in the county court. If such proceedings do become necessary, further costs will be incurred for which you may be liable. The proceedings may then result in a county court judgement being entered against you which will be registered a the credit reference agencies and is therefore likely to affect your ability to obtain credit in the future. Full details of the debt are set out below: The amount owed is £702 and no charges/interest are being added at this stage A statement of account is attached ---(an account summary showing only start balance (£823), total debits (£17), total credits (£138) current balance (£702)--- The agreement this debt relates to was entered into between you and Shop Direct (Carval) on xx/xx/1998 and assigned to Arrow Global Guernsey Limited on xx/xx/2011. A copy of the agreement can be requested using the reply form. ---(should I do this also?---- Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Don't know Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No What is the total value of the claim? 702 Is the claim for - catalogue When did you enter into the original agreement before or after April 2007 ? before, it was 1998. Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not on my copy, I don't know if deeper searches with linked addresses are any different, credit score is low but I thought this was due to current level of debts 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, Arrow Were you aware the account had been assigned – did you receive a Notice of Assignment? probably but to a previous debt purchaser, it was back in 2011 when Arrow took over but we moved house in 2008 Did you receive a Default Notice from the original creditor? Yes, around 2000/2001 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know, possibly, but moved house in 2008 and only recently started receiving letters to new address Why did you cease payments? Husband has maintained £1 per month standing order throughout, still paying unless their bank payment details have changed What was the date of your last payment? Feb 2019 unless their bank payment details have changed Was there a dispute with the original creditor that remains unresolved? No, due to credit difficulties Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes and Yes Many thanks again in anticipation of any advice you can offer.
  2. Hi all, I started a previous thread to share my general issues, but am posting in this section for specific advise relating to First Direct. Previous forum address here if anyone is interested: http://www.consumeractiongroup.co.uk/forum/showthread.php?458839-Low-income-6-year-old-debts-and-worrying-about-the-possibility-of-future-court-action I had an account with an overdraft, credit card and loan with First Direct (all pre Apr 2007). I defaulted on payments for the credit card and loan back in 2009, at which point, they closed my account, merging the credit card and overdraft together as one debt, and the remaining loan as another. Since the default in 2009, I have been making token £1 monthly payments to Metropolitan Collection Services; I have since moved house a few times and hence had no contact with them. Aiming to sort things out once and for all, I joined this site, and under some much appreciated advice, sent out a CCA request to Metropolitan last week. First Direct have responded, sending back my CCA letter (but keeping the postal order???), saying: The letter is not signed (didn't think I needed to) - they want me to provide a specimen signature My current address does not match their records (it wouldn't as I have moved, but my credit file address is up-to-date) - they want me to provide the old address to match their records. From this, I gather that FD still own the debt as Metropolitan did not write to me. As mentioned, my credit file is up to date with all addresses. Does anyone have any advice on how I should proceed? Are they trying to delay and does the time limit of 12+2 days still apply? Or, are they valid in their requests? Any help much appreciated Thanks AM
  3. Hi guys, I am new here but I have been told I might be able to get some help. I received a judgement in default letter from the County Court Business Centre a few days ago which came as a shock. I know the importance of replying to any claim issued against me. This is in relation to a pay day loan debt from 4 years ago, which has now been bought by Motormile Finance UK Ltd. I paid some of the debt off then missed a payment, then they increased it massively and I couldn't keep up. I moved on and heard nothing for many years until I get this judgement letter from the court. When I phoned Moriarty Law, the firm representing the Claimant, they told me they issued to my former address. They realised their mistake and then sent a copy to my new address. I received this but thought it was a scare tactic as it had not come from a court, and I would assume I would receive court papers from a court! When I asked them why they didn't inform the court they became ambiguous and I didn't understand what they were talking about. I have been told to set the judgement asside which is what I will do. I am currently on ESA so apparently I do not have to pay a court fee which is a great relief. However, I need to know is it now too late to start the 3 letter process? Or should I get on to this straight away so that if the judgement is set aside I will get my chance to defend the claim? In anticipation of your help, Jake
  4. I left a rental property in January '15. Subsequently, I had a CCJ issued in April 15 (to the previous address so not defended) for£1600 (HBOS). Bailiffs attended the previous address in Dec '15. I have contacted Northampton to find out who issued the CCJ but not heard back yet. For how long is the warrant live? I'm seeing 1 year in some places? Is it normal for warrants to be re-issued to new addresses (in this case 2 years later)? The CCJ is only coming up to 3 years. There's no real point in Bailiffs attending as I have no property (everything I own can be packed into two bags) I am slightly concerned about my partner's belongings being dragged into this. Would I be able to have the CCJ set aside based on service address, admit liability and pay the outstanding amount? Would that CCJ then be removed from my credit file or would I just have to let it ride? As yet, I've had no recent contact with bailiffs in the matter described, I want to get ahead of the game.
  5. Hi, Wifes parents recently moved house and a parcel was sent to them but the wrong house number, £50+ food hamper tracked by my hermes. it was signed for on the on the 20th but didn't find out till 2 days ago it was sent to the wrong house. He's been round to the house and they have denied all knowledge of having it. Just wondering where we stand legally on this as the parcel wasn't in the persons name who signed for it. is it a case of tuff luck or can the police be contacted for theft?
  6. Today in the post I received a claim form from TM Legal Services for a debt that I owed to payday loan company Lending Stream. The original address on the claim form had been crossed out in red pen and my current address was hand written in the box to the right of this. The date on the claim form is 10/10/2018, the date that is marked on the franking stamp on the envelope is 07/11/2018. I called the court and they advised I have received a judgement by default on 06/11/2018. I had started an affordability complaint with the original lender Lending Stream via letter on 01/10/2018. In this letter I gave them my current address. They are the only lender I had to send a letter to as the rest I have done via email. Unfortunately, I sent this by first class post and not recorded delivery. I have not had an acknowledgement from the lender to this letter. I called the company TM Legal Services who initially advised it was the court that sends out claim forms. When I pointed out that the envelope that the claim form came in had a return address of their company and was posted the day after the judgement was obtained they put me on hold. They came back and said that they received the original claim form back as undelivered and had done a trace on me to find my current address to send out the claim form. I called the court back and explained this and they said I can apply to get the judgement set aside at a cost of £255. I have sent a further letter of complaint to the original lender and advised the financial ombudsmans office of the situation, however they say that when the complaint comes to them if referred (29/11/2018 is 8 weeks) they are unable to instigate the removal of the CCJ even if my complaint is upheld. I now don't know what to do. Should I apply for the judgement to be set aside now or wait for the reply from the lender/complaint to the financial ombudsman's service? At the time of the loan I had 6 defaults for various utilities and loans in my recent credit history as well as an outstanding balance of over £3500 with other short term lenders. The original debt was for £850 but now with court costs and interest stands at £1780. If I apply for the judgement to be set aside, is that there is an ongoing affordability complaint a valid reason, along with the fact that it was sent to a previous address? Is the fact that it was sent to what the company alleges is my last known address and not my current one enough of a reason to get it set aside or will I have to show that there is a chance I will win the hearing? Will the 30 day period after the CCJ to pay reset if the judgement is set aside? I work in an industry regulated by the FSA so a CCJ will likely cost me my job. Apologies for the long post. Thanks a lot for reading if you got this far.
  7. Quick question. If you have already had a bad debt (sorry minds gone blank on the word) on your credit file for 5 years on a debit (the 5 years is now over) and the creditor can't find ur CCA agreement and you moved home. Forgot to inform the creditor and a letter from a different creditor (11of them) turns up on your door step. (10 statements and one letter to say I've failed to inform them). Can they issue a CCJ against my file on the same debt? Also do I have to inform them I now do live at this address. They asked me to contact them without further delay to confirm how I propose to lay off my outstanding balance (like that's going to happen)
  8. Hello I am just about to commence a PPI re-claim on an old Alliance & Leicester personal loan. There appears to be a number of addresses to where the SAR letter should be sent. Can anyone please confirm which is the best (correct) one to use. The options I have are:- Customer Services, Santander Consumer, Santander House, 86 Station Road, Redhill RH1 1SR. Alliance & Leicester Personal Finance Limited Building 3 Floor 2 Carlton Park Narborough Leicester LE19 0AL Santander (Abbey, Alliance & Leicester) Abbey National House 2 Triton Square Regent's Place London NW1 3AN Santander SAR's team P.O. Box 1111 Bradford BD1 9NQ If non of the above are the correct address, I would greatly appreciate info. on where it should be sent. Thanks James
  9. First post so Hi and thanks for any advice offered. Had some windows/doors installed by a local firm in a self build property. There’s been issues since the start, leaking sliding doors, bay window out of square, no keys for window locks, runners corroded. The company haven’t been the most helpful in rectifying anything. I moved into the house I was building in March 2016 and I’ve had visits from the companies employees whilst I was living there, the last one about April/may. I still owed 10% of the £15k for the full job which I told them I would pay when my concerns were sorted. 2 weeks ago I settled the outstanding amount as I am going to take it to the small claims court. The guy I sold the house to works away and he dropped a handful of letters off last week from solicitors, ccj and bailiff visits with extra charges, all dating back to July/August. This was the first knowledge I had of a ccj and a writ. Thanks in advance.
  10. Having moved my home phone & broadband recently - without any problems, I thought I would take advantage of the pricing offered - Vodafone - and move my business account to them as well - different address. After making contact they tried at first to say they could not help as my business does not show on their Postcode lookup - yet on Royal Mail PAF it comes up straight away as it does with many others - could it be VF use an out of date system, would have to be years old as have traded from here for the last 10+ years. Eventually overcame the Postcode issues as they input things manually but they now tell me I may have to fork out for a new phone number as the one I have is not recognised. I have suggested they contact my present provider who will tell them otherwise. In this day & age it seems to me as if those connected to the IT industry have the worst values. The bigger the company the worse they are.
  11. Hi all, please has anyone got any advice or experience on my situation? I moved house a while ago. Sent off to DVLA to update license and V5 log book. Licence came back OK. I overlooked the fact the V5 never turned up, and tax was due in Jan. Realised the other week I have been driving for 6 months with no tax, as all reminders sent to old address. Immediately sorted the issue and paid DVLA for current tax and £80 fine. When phoning DVLA, they say I have 3 outstanding fines from DVLA for been identified driving without tax. First offence is just outside the 6 week period of applying for new address V5. - How easy/viable is it to contest the first fine? - Any way of avoiding/ reducing the other fines? Many thanks!
  12. Was stopped by an inspector for using parents freedom pass a year ago. Provided ID and name etc. Driving license I showed had a previous address so all correspondence was sent to this wrong address. At the time when the inspector requested ID I did not provide updated address as this was not on the license. I now regret not giving current address but at the time I simply provided my ID and did not think of this. Name and DOB given were correct. I have now recently received a 'Further steps notice' letter with court fine of almost £500 and discovered that this case had gone to Magistrates court in my absence. Should I make statutory declaration as I was unaware or will I be questioned for not updating the DVLA of my address?
  13. I have an old council tax debt, Rossendales are sending bailiffs to my friends address (I used this address several months ago to get my bank card delivered to as I was of NFA at the time). My friend (whom I don't see that often) handed me a load of letters and told me that bailiffs are regularly knocking at her door demanding full payment, she is worried they'll come in and take all her stuff (which surely can't be legal?). The letters they've sent me are rather confusing, they claim I owe two debts to a local council, one for approx 120 and another for approx 240, the first few letters added £75 to both debts (to the same council, same old address), added £235 to both debts making the total payable over £700. I have nowhere near that amount lying around to pay them and get them off my friends back. More recently they sent another letter regarding the 120 debt and nothing else, they seem to have removed the £235 fee and the total is less than £200 nothing regarding the other 240 (or whatever I apparently still owe to the same council). What's the best way to get them to stop knocking at my friends house? Also, as they've been handed the wrong address by MY BANK , they've been unable to contact me so how can they legally claim fees if they're knowing harassing someone who has nothing to do with the debt in question? I did call them a few weeks ago when they demanded £700 they said I would have to call the "bailiff" directly and he'll want payment in full so I never bothered 1) I don't have it, and 2) I'm not paying a £235 fee (twice + £75*2) even if I did have it), they could have phoned me but instead they'd rather send bailiffs/letters to an address I've told them I don't even live at. I am not sure what my best course of action is, I would rather pay the council directly I've heard they will refuse payment and tell me to deal with Rossendales, I would deal with them but I am not paying a £235 fee out of principle (and certainly not twice). For some confusing reason however, the most recently letter does not include the £235 I have no idea what's going on. I was going to email them and ask but they'd likely take days to respond so I'd rather ask here first. I would also like to know how they even got this address? The only thing I used my friend's address for was to get a card delivered from my bank, so my own bank just gave an address away to a 3rd party company? How is that even legal? Do all banks do this?
  14. Hello, Unfortunately I recently lost my job and will have to move back with family to weather the storm while I look for new employment. I plan to rent a PO box with a private company (the address will actually start with "SUITE N") to retain privacy in case things go wrong and I start missing payments. Will banks accept this new PO box address? Thanks for your help!
  15. I want to send a SAR to barclays about an old egg card I had which they now own. The address I have is: Barclaycard Customer Relations Dept PO Box 9131 51 Saffron Rd Leicester LE18 9DE Is this the correct address to send the SAR? Many thanks!
  16. Morning All, I have an issue with an old txt loan that shows as appeared on my credit file around 2014/15. Original loan was taken out 2012, a time when my partner was unable to work through illness, we both took out payday loans, wonga txt loan and provident etc. All of these debts have now gone, but this one remains as a reminder of those days. The details were always a bit weird on my file as it was made to look as though I had made a payment towards it but never did. The debt is very close to being statute barred but now it has disappeared from my file, it's registered at one of my old addresses and I'm concerned that a CCJ will be issued at the old address. I really don't know what to do about this, should I make contact and open up an old wound, make a payment plan or take a chance and leave it? Any advice would be much appreciated, Thank you
  17. Hiya I have already CCA’d Moorcroft but I want to send one to the original creditor as well - can anyone confirm if this is the correct address thanks Customer Advocates Office MBNA Limited Chester Business Park Wrexham Road Chester CH4 9FB Thanks
  18. I'm changing my email address and want to amend the address that CAG have (the address you use to send me notifications when someone responds on a thread I've posted on). I must be having a bad day because I can't find the setting anywhere for changing my details! How do I do it?
  19. Can anyone tell me if this is the current address for GE Money? GE Money Home Lending PO Box 912 Newport NP20 9PB The loan i am enquiring about was originally through Loans.co.uk but they seem to not be operating anymore.
  20. Hi Peeps Slowly making my way through Payplan DMP..aiming to obliterate them all at last. Lloyds Current Account O/D £900.00dr sorry been paying them £1 month recently payplan. 10 year old debt - fallen of CRF. obviously being fleeced as debt not really gone down. What letter do I send to Akinika ? unsure of this one as current account. Thanks Peeps
  21. hello, I have a problem, how to sort it out.. Around half year ago, received response pack from county court. sent them back defence N9B form, but they haven't received and i lost a case. I know I should send registered mail..but unfortunately. Now received notice of debt recovery from DCBL £261 + £75 recovery fee for parking ticket. The thing is I have a proof that vehicle on date of issue been sold already. Should I go to nearest court or any other ways?
  22. Hi, I'm in a legal dispute with my wedding photographer/videographer and issued a court claim against him over a month ago claiming a specific settlement amount. He didn't deliver on his promise re: services, and we ended up with sub-standard wedding photos and terrible low-quality unedited footage as our wedding video (complete with raw sound from the day e.g. people walking around, chattering etc.) He then completely stopped communicating with us. After issuing the claim via MoneyClaim Online (to his business address), he sent an envelope back to the court with a note saying 'Gone away'. The court sent this back to me along with the claim form without any further instruction. I know he is actively operating at that address, and 'Gone away' doesn't mean the address is invalid, so don't know why they've sent it back to me. What should I do? Should I issue a warrant via MoneyClaim Online, or is there a better way? I'm so frustrated. I cannot let him get away with this, and am furious that he's simply brushing it off! Thanks.
  23. I am currently living with my partner, which is likely to become a permanent arrangement in the near future. As of yet I have not updated any accounts/documents with my new address (incl driver licence/bank etc). I have a spare vehicle that is up for sale and have an interested party coming to view it tomorrow but have just realised the V5 is for my previous address. Will this be an issue? Thanks in advance
  24. Major crackdown on abuse of 'debt' judgement by rogue parking and utility firms is announced Ministers will pledge action on abuse of county court judgments by rogue firms Anyone who has had a CCJ without their knowledge will have it removed The Govt plans to immediately set aside all backdoor CCJs for those who can prove to a judge that they did not know about it when it was passed. http://www.dailymail.co.uk/news/article-5214075/Action-debt-judgement-rogue-firms-abuse-announced.html
  25. Hello all. I submitted a claim using MCOL a few weeks ago for a Deposit I gave to a Landlord (LL) when I lodged with them for 6 months, a total of £600. I am claiming that amount, including interest and court fees totalling just over £700. I took all reasonable steps to get the deposit back but the LL started blanking me and made promises to pay but never did. I started the MCOL process and they submitted an acknowledgment of service, stating they are going to defend the entire claim. Fair enough, thats their right. However herein the problem lies. I had been using the LLs current address to send all my formal letters and put it into MCOL with served the particulars of claim to them at that address (thus enabling them to submit an acknowledgement of service). However in their acknowledgement of service they put changed their address to their old address where they no longer live and havent done so for a year. This now means further documentation from the court will go to their old address - and my best guess is that when it comes to it they will try and get the claim set aside because they haven't received further court correspondence (because they've intentionally put an old/false address). Does anyone have any advice on how to deal with this? Thank you!
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