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Found 34 results

  1. Hi, I had an agreement with MBNA where they would hold all interest, as long as I paid the debt off within 10 years. The amount owing was divided up in 120 months (10 years). However, in the mean time, they have decided to sell the debt, at the same time as our financial situation has changed. The monthly payments are now less. They write to inform me that I am in arrears. The DCA have said the following, is this right does anyone know?? The payment was set by MBNA, based upon, I assume a previous Income and Expenditure form at the point of being 'charged off' which means no further interest is applied to your account but it does mean that this is your 'normal monthly payment'. This can not be amended now as it was sold on this way. It is also less than the 5% normally applied to credit card accounts. And so, we are happy to accept your offer of payment but as it is does not meet your contractual payment the arrears will continue to accrue. We have a legal obligation to reflect accurate data to the Credit Reference Agencies, which also includes arrangements, missed payments and arrears and so your data entry at the credit reference agency will be updated with this information.
  2. Hi, I've received a Notice of Assignment letter from Hoist Finance UK Holdings 1 Limited. It relates to an MBNA credit card debt that I paid off in full October 2017. There were no late payments for the duration of time I had the debt, and the balance they have on the letter looks to be from many years ago. I've seen from other posts here that you can send the holding company a request for more information and what data they hold on you, but since I don't owe any money and they currently have extremely out-of-date information about me (only address is correct), I don't really want this to become a dialogue. My question is: how can I make sure I don't get any more of these letters? Also, if I can, I want to be able to take further action - it is amazing to me that debt buyers can chase old data in the hopes they can get grab money of people that either don't know that it is out-of-date (not everyone is a credit report nerd) or that they no longer are legally required to pay. I found it a little scary to receive the letter, and that's with full knowledge that it is trash. You know when something is legal, but horribly wrong?!
  3. Hi, any help would be greatly appreciated. I have just received a Notice of Assignment from Hoist Finance U Holdings 2 Limited. It is regarding Capital One (original creditor). The balance is £830.74. It says they have been appointed to manage all matters related to the account etc. Where do I start please? SAR to Capital One? Regards D
  4. Hello All, I have received a letter telling me an old HSBC Credit Card was sold to Cabot Financial today and that they would be in touch shortly. The account is not statue barred. Whilst I am happy to enter into a repayment plan, I want to make sure that they have all their ducks lined up and have all the correct paperwork. I originally had a dispute with HSBC after they blocked the card on Christmas Eve and that very nearly left me stranded Birmingham Airport over the Christmas Period. At the time there were plenty of funds available on the card and it was the only card I had on my person at the time. Long story short I phoned them on the day asking why the card was not working and noone could explain it to me either. I was promised several callbacks which they never made and a resolution the same day which also did not materialise. As I couldn't buy the train ticket I needed, I had to take several buses to my Christmas destination which in all took over 10 hours to complete a 60 mile journey.......... As I hold an ENCTS pass this journey cost me nothing but did cause considerable inconvenience at the time. I made a complaint at the time and whilst they acknowledged the complaint, they did not respond and when it came to them wanting something (i.e. to pay the bill) I refused until the complaint was resolved to my satisfaction. Apparently they had nothing on file and still did not know the reason for the failure of the card. This contradicted what I was told on the day of the failure which was "A Back office team is working hard on this as we speak and it will be resolved shortly" which now appears to be from my perspective a complete lie. Fast forward to the issue at hand now, I received a letter that the account has been sold to Cabot Financial and that I will begin a game of letter tennis within the coming days. How is it best to proceed from here. I don't particularly want to furnish Crapbot with too much information. But I'm happy to do my homework and see what happens. Debt is for a Credit Card approx £1,800 I don't doubt for a second that Crapbot will take legal action eventually but I'd rather give them notice as it were that I know how to handle this matter. I'm thinking just a bog standard CCA Request uncrossed postal order and see what they come back with? Perhaps a SAR to HSBC as well?
  5. I have a question about a secured loan. Two loans secured against a property - the lender assigned one of the loans without sending the borrower a Notice of Assignment. Subsequently the lender served notice for repossession as if it was one loan, not two. The borrower lawyer picked up on the lack of NOA and filed that as part of the Defence. The borrower/ lender came to a separate financial agreement to delay the whole process - but only if the Defence argument about lack of NOA was struck out of the Tomlin. I have experience of fighting smaller credit card companies on the lack of NOA meaning the debt was unenforceable. The Defence lawyer said it was just a technicality and lender could still claim the whole debt. I am just wondering how essential it is for a Lender to always follow the processes absolutely correctly? Its a lot of money, but the lender lawyer seems to be really pushing to remove this clause from the Defence. Makes me wonder if the lender is worried?
  6. Hello again, I have just received two letters out of the blue from Lowell informing me that two debts from BT Mobile which had been sold to them, both dates of the sale being 22/02/2018 and the letters dated 13th March. I am worried regarding a paragraph of both letters which states 'We are aware that this account forms part of your insolvency(?). This letter is not a request for payment. Please pass this letter and attached Notice to your Insolvency Practioner/Official Receiver. Lowell Financial will also contact your Insolvency Practioner/Official Receiver to inform them of the changes(?) If your circumstances have changed, and you are no longer insolvent, please call us on 0333 556 5990 to discuss payment of this account'. Now I have never been made insolvent or bankrupt and I have checked Experian,Equifax and Call Credit and also the Insolvency Service register and there is zero information about me supposedly being bankrupt or insolvent according to Lowells. Is this a tactic by Lowells to scare me and to get me to call them?, which is the best course of action I can take regarding the letters I have received from them?. Many Thanks
  7. I thought I'd better start a new thread in regards to this as it may help others find info on the same thing. I asked Cabot finance for a copy CCA and a true copy of the Deed of Assigment. They got back to me saying that they have requested the CCA and it could take up to 40 days which I know is not allowed so sent them another letter in regards to this but my question is that in response to my request for a true copy of the Deed of Assignment they said that "This document is confidential between the original lender and us and as such, is not available for disclosure. However, the Notice of Assignment was originally sent to your postal address on 18th Oct 2011, which is sufficient evidence to justify our ownership of this account." Now I file everything and have no copy of this notice and also need to know if they are legally obliged to send me the original Deed of Assignment? Please can anyone help? Thx
  8. Have been ignoring my 6 Payday loans and 4 other debts for several months now, the other companies don't appear to have put disproportionate amount of interest on to the debt but my Toothfairy loan has gone from the original amount of £300 up to £1438 since I took the loan out in late July and I get this email from them every 5 days: We are writing to give you formal notice that ToothFairy Finance Ltd - ToothFairy Pay Day Loan has legally assigned the rights of the above debt to Marshall Hoares Bailiffs. This means that Marshall Hoares Bailiffs Limited now legally own this debt. YOU WILL HAVE OR WILL SHORTLY RECEIVE A HOME VISIT We intend to pursue you fully for all outstanding sums (GBP 1438) including any fees we incur collec ting this debt. Payment in full must be received no later than 17:00 to avoid further door collection fees being added to your file. DO NOT IGNORE OR THIS WILL COST YOU MORE Debt GBP 1408 Missed Payment Fee 1 (day 29) GBP 10 Missed Payment Fee 2 (day 43) GBP 10 Missed Payment Fee 3 (day 57) GBP 10 Repayments todate GBP 0 Total GBP 1438 TAKE NOTICE: You should accept this letter as formal notification that unless payment is received within 4 days then your account will be fast-tracked and considered for the following: Consequences of inaction: 1. Court Judgement legal action will be automatically started in the County Court for recovery of the full amount outstanding. Any such proceedings will include additional claims for legal costs and interest which will increase the amount you will be required to pay. 2. Warrant of execution will be app lied for to enable us to seize goods at your addresses and or an attachment of your earnings. 3. Register of Judgements any judgement will be entered in a public register, the Register of Judgements, Orders and Fines Credit Reference Agencies, who will supply them to credit grantors and others seeking information on you financial reputation. This will make it very difficult for you to get credit. 4. Credit reference ToothFairy Finance Ltd have already advised the Credit Reference Agencies of your DEFAULT. This may seriously affect your ability to obtain credit in the future. Once the balance is paid in full, only then will the default be shown as “Default Satisfied”. To AVOID A HOME VISIT or further action you should PAY IMMEDIATELY 1. online using a card by visiting: www.marshallhoares.com OR 2. at bank either over the counter at the bank or by electronic transfer to: Barclays Ba nk Account Number: 93462382 Sort Code: 20-50-94 This debt will not go away and should not be ignored You can contact us on 08433811111 to discuss your outstandig debt. Yours Faithfully Anti - Fraud Marshall Hoares Bailiffs Telephone: 0843 381 1111 The content of this email should not be considered as an acceptance of any offer unless we previously review and expressly approve in writing your terms and conditions relating to the subject matter of this email. The information in this email is private and confidential. If you are not the intended recipient(s) or have otherwise received this email in error, please delete the email and inform the sender as soon as possible. This email may not be disclosed, used or copied by anyone other than the intended recipient(s). Any opinions, statem ents or comments contained in this email are not necessarily those of Marshall Hoares Bailiffs Limited. If you wish clarification of any matter, please request confirmation in writing. Marshall Hoares Bailiffs Limited. Registered Company No.: 6871092 Consumer Credit License: 631168 We take precautions to minimise the risk of this email containing a software virus but you should use virus checking software. How should I even begin to deal with this lot as from looking in this section of the forum they don't look very easy to deal with
  9. A general query relating to litigation by a company who claims to have been assigned a debt. I am aware that I am entitled to view a copy (redacted if necessary) of the deed of assignment - Van Lynn vs Pelias, however am I correct in assuming that the Claimant must produce a copy in court in order to substantiate their claim? and not just provide a copy of an alleged Notice of Assignment. If so, is there any case law or legislation I can refer to which states that they must produce the deed of assignment in court? Thank you for your assistance. GD.
  10. Hi All, Apologies if this sounds like a daft question but should a NOA contain certain wording to be valid? The sentence I am interested in is as follows: 'has assigned all of its respective rights, title and interest of the above referenced account including the outstanding balance to....' Thanks.
  11. Hi All, I have just received a Claim form from Lowell Portfolio I Ltd. via Northampton CC, it was issued on 01 Aug 14 but I only received it at the end of last week. After having a discussion with a friend who is quite clued up on these things he mentioned requesting the Deed of Assignment as apparently the debt is not allowed to be sold without me being informed and if they don't have this information then nothing can be done regarding the debt, he also went into explaining about the OPPT and it being dissolved therefore we are all debt free anyway!! What I am enquiring about on here is the best way to word the deed of assignment information request on the Court website when I dispute it?? Any help would be greatly appreciated. Lisa x
  12. HI Apparently i have 2 outstanding pay day loans , I think with money in advance and access fast money. After i left step change and started dealing with the debts on my own one of these debts went to OPOS who i wouldn't communicate with as they were really nasty. Now its gone to Sll Capital and they say so has another. They're not for a lot but still more than i originally borrowed plus one month interest. I know i am being cash cowed as i paid monthly to Step Change for a while. About £65 pound each. The amounts i borrowed are around £150. they have been emailing calling and writing and i got fed up and sent all to spam. Now ive just had a letter of default last week and today they have sent me a text saying they have issued a notice of assignment. What do i do now, can a DCA register a default? Please help, there is also another thread ive put in about My Jar that i need help with Thanks
  13. Hi I am pretty new to this and wanted to ask some advice about a HP loan I took out to purchase a car which was subsequently repossessed. The company was Fiat Auto Financial Services Ltd at the time but it is now being handled by FGA Capital UK Ltd. I believe Fiat Auto entered into a joint venture a few years ago and became FGA Capital UK Ltd. I have never had any of this explained to me by them and wanted to ask if anyone can advise if by Fiat Auto becoming FGA Capital as part of a JV would this mean they would have had to formally assign the debt for FGA to have rights to collect and enforce it.
  14. Hello This is my 1st post to the forum and need some advice. Cabot Financial have taken over 2 of my credit card accounts from Co-Op. Both accounts were defaulted but I have been in a payment agreement with the Co-Op for over 2 years. I have requested full details of credit agreements and a copy of the 'Deed of Assignment' but Cabot is refusing to provide this saying and I quote... " These documents are confidential between the original lender and us and as such, is not available for disclosure" Could someone please advise on my next steps for me to obtain the deeds of assignment. Many thanks
  15. Hi All, I took out three student loads in the early to mid nineties as an undergrad .I deferred repayments as I became a postgrad. As I moved around a lot at Uni I lost touch with the deferment process and The SLC informed me that as I'd not kept up with my deferment notifications then the loans were in default and had to be repaid. I heard nothing else for a while, then DCA letters started to arrive at my Parents (home address). I received demands from a DCA and after they sent me the correct CCA form I made a payment schedule agreement. I made a few nominal payments, yet received a demand from a different DCA. I wrote to both DCAs and asked who they wanted paying as I wasn't paying both and they wrote back saying my account had been referred back to the SLC. Then nothing for years, then started getting a yearly letter from the SLC marked "For information purposes only" with the details of the loans. Today I received the attached letter from Erudio, saying that I had a CCJ (never heard this before) and that their legal team would contact me for repayment. Any advice would be gratefully received!
  16. hi i have sent a letter to lowell asking for written assignment of debt, i have received a letter back from lowell the reply goes something like this . When lowell portfolio 1 ltd purchases a debt,we issue a letter of assignment to a customer witch fulfills our legal obligations under the law of property act 1925 . they then enclose a copy of there original letter they sent to me and say they would not normally issue a deed of Assignment unless the matter progressed to court. the enclosed copy they sent me was the original letter they sent me saying they purchased the bebt but nothing from hfc bank to back this up is this right? (don't want to part with any money to lowell unless i really have to)
  17. Hello, I asked MKDP for a deed of assignment, the response back from them was to send a notice of assignment which has an incorrect outstanding balance on it. To be honest I suspect they copy/pasted and forgot to change the outstanding amount. Any suggestions where I go from here?
  18. I would be most grateful of some clarification from you great folks on CAG please. Background Had an original CC with MSDW long time back. This then followed the Goldfish to Barclaycard route. CCA made to Barclaycard who failed to satisfy my request. Upon the 6th alleged missed payment they assigned it to a DCA (will not name at this stage). DCA made usual threats. More interestingly, the DCA applied a Default to my credit reference file only 6 days after the date of assignment. Questions From my understanding a default notice must be provided prior to recording a default with any CRAs. This notice must provide the info prescribed in S88(1) of CCA74 and as such a way to remedy any alleged breach and must afford the debtor 14 days from service to carry out remedy before a default can be recorded with CRAs. Is this your understanding too? As Barclaycard never added a default (and if they did then the DCA would have needed to have recorded the same date with the CRAs in my credit reference file) and the DCA did not follow the correct procedure, where do I stand now with regards to a) the Default entry, b) the alleged debt (that I deny) and c) my chances of suing the DCA for stress and actual loss suffered from affecting my credit rating by applying Default? Does the alleged debt become unenforceable now? Many thanks in advance and any further questions do not hesitate to ask! Cheers Wormy
  19. Hi, apologies in advance if a there has been a post similar to this however i have had a good look and can't see any. My issue is this: I'm currently in a fixed term AST however the letting agents have said i can assign my half of the contract over to a new tenant, there is absolutely no problem with this however my flatmate has now said she wants to vacate the property also. After checking if we terminate the contract we are liable to pay 10% of each months rent for the remainder of the contract. However If i leave and get the contract assigned to a new tenant and then a month later my flatmate leaves by assigning her part of the contract over to a new tenant will this be okay as there will still be a tenant on the original contract even though it is not one of the original tenants? Or does the contract need to still be in one of the original tenants names? Thanks in advance, apologies if its a bit confusing!
  20. Hi, Any one here please let me know if I can reclaim all my monthly payments back which I made to DCA which has confirmed they do not have CCA and no Notice of Assignment? I made payments to them as far as March 2003. I am at a stage with them where they are asking me a particular question why did I pay them for all these years? I think they want to establish that since I paid them for all these years hence their action for taking money was legitimate. I am thinking of taking the stance where I would write back to them that it was total mistake on my behalf I paid you for all this time now to resolve this situation you have to pay back all this money. ANy views? Any template letter to recover this money and which clause fo law I can refer to ay refrence? Please respond back ASAP!
  21. Basically I take out a car rental agreement where at the end of the term you can buy the car during this period you hire it. They have breached contract loads of times so I start to execute a claim. The next thing I know, They have changed address, Limited company and given me new bank details (The old ones no longer work) and say I dont have a leg to stand on. I returned the car with the hump. Does anyone know if by telling me they moved and changed the name of their company they assigned the contract. If I can prove that there has been an assignment of contract I can drop them down a few pegs.
  22. HI ALL, Recently received a letter from MMF titled Formal Notice of Assignment. This is in respect of a Wageday Advance loan. However it states in the letter that Mackenzie Hall Debt Purchase has assigned the legal and beneficial rights, title and interest to MMF. Im not sure how this can be correct I have never received notification from the original creditor that they sold to Mackenzie Hall, neither have i ever heard from Mackenzie Hall. On that Basis how can MMF have purchased it. Is this a correct notice of assignment or just MMF trying it on?
  23. Hi all I had a pdl which has been sold to a dca who are now becoming rather tiresome in their chasing of this debt. I have not been defaulted yet and there has been no notice of assignment, How shall i play this?
  24. Hello I have a debt with Lloyds TSB which has a balance of circa £23k. Believe it or not, this debt started its life as a £26k loan nearly 10yrs ago and LLoyds refused to freeze interest when I began a DMP with Payplan. Sorry, that's by the bye! I received a ketter today from Aktiv Kapital introducing themselves and with it was a copy of the "NOA" from Lloyds passing on the debt. It looksfor all the world like they've just cut and pasted text onto a rubbish photocopy of an old letterhead from Lloyds. As I haven't received any correspondence from Lloyds themselves am I being paranoid or do DCA's actually regularly try to produce dodgy NOA's? I just thought I'd see if anyone had come across this before Thankyou xxx
  25. Hello all, Received letter from Lowell, claiming an alleged debt has been sold to them from Lloyds, with an outstanding balance of several hundred pounds, this has been going the rounds for years, since the onset of the Bank Charges Claims, for which we managed a settlement years ago. I am almost certain it will be Stat Barred now. (Busy seeking docs.) Should I send: A) Stat Barred Letter or. 2) Request Letter of Notification of Assignment from Original Creditor under s136 of the Law of Property Act 1926. All information /advice will as usual be gratefully received. "EXEMPLO DUCEMUS"
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