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Found 235 results

  1. Hi all , I left Australia almost 5 yrs ago very quickly due to a family emergency . I had a car loan a credit card and possibily personal loan . I thought at the time I cleared them all . Now this week the I received a letter from a UK based solicitor acting on behalf of an Australian debt collector asking g me to pay 10 k back . I do not think I even owe this money . I probably do owe something but I can't imagine it's that much . Citizens advice have told me I can send a letter requesting more information on the debt without actually acknowledging it . Any advice would be very useful on this matter . I have a mortgage on my property now and will all this affect my credit rating in the future ? Thanks Cman
  2. Hi, I'm new to the forum, but have been a long time lurker. First of all apologies for how long winded this is, but I hope I include all the relevant information. Alleged card debt from card taken out in 1998. Alleged debt approx £5k. Card sold to IDEM Capital Securities August 2012 Alleged Card default August 2013. Idem Capital Securities assigned alleged debt to Arrow Global November 2015 About three years ago I received multiple claims for alleged credit card debts, and with the help of this forum managed to get one claim dropped and ended, one victory in court and a few claims stayed, so thanks for the help there! Anyway, one of them doesn't appear to have gone away, and Shoosmiths appear to be applying to Northampton County Court to get a stay lifted and have my previous defence struck out pursuant to CPR 3.4 and obtain summary judgement pursuant to CPR 24.2 they claim I have no grounds for defending the claim. This was my original defence: So my defence was submitted, along with two other defences on the same date. Nothing further was received from Shoosmiths or the courts, and the claims were stayed. I should have asked to have them struck out, but I wasn't fully aware of the procedures, and couldn't afford to pay anything to the courts. So roll on two years and three months, and Shoosmiths start writing to me again, saying they did not receive my original CCA request or CPR18 letter in 2016 (funny how two more were received, and returned, and they were all sent in the same recorded delivery envelope!) They now claim they have provided all of the relevant information, and I still dispute this. Their alleged agreement is an application form for a card around the time I had allegedly taken out a few credit cards. Their "terms and conditions" is a reconstituted partial list, it even says for items X,Y,Z refer to your terms and conditions! They then have another set of terms including MBNA web address details, the web address didn't exist in 1998! Their letters also refer to one credit card number, then it changes to a new card number that they have assigned, which to me just points to multiple pieces of incorrect or fabricated information. I chose to ignore all of this further correspondence, as the claim was stayed. Then earlier this week, they have sent a further copy of this "information" along with a covering letter to me as follows: This covering letter includes a copy of their N244 Application Notice to lift the stay and all previously submitted information. Again, apologies for the long winded post, but I ask, how should I either try to stop this dead, or again defend? I am actually happy to attend court if it comes to that. I read on one of the other threads that this could be submitted. Would I be able to use it as a reply, as it has taken them over two years to get incorrect information that they think they can use in court? If anyone can reply, I'd like to say thanks now, and I will be extremely grateful. Will come back with the results.
  3. Hi, I've tried to have a good look through the website, which has always been a great help over the years (thank you so much!!) but I just need to clarify a few things before I end up doing something stupid. I had the old mortgage style student loans with the Student Loans Company back in 1993 and 1994, and deferred them over the years due to low income and poor mental health. I don't know if I'm remembering right but I think the last time I acknowledged the debt and tried to defer again was 2012 or 2013 (not a good year personally, don't remember much). Fast forward a few years, find out the account was sold to Erudio - never acknowledged any debt, but now in the past week, I've received a Letter Of Claim from DrydensFairfax to my current address which starts with the following: "This is a Letter of Claim sent to you in accordance with the Pre-Action Protocol for Debt Claims...". They are trying to claim both 1993 and 1994 loans together under one account number and the account summary only states balance on 11th September 2018 (debits/credits/interest), along with adjustments for menial amounts between 6/9/2018 and 11/9/2018. So, how much of this is hot air or are they trying to get a backdoor CCJ? Should I send a CCA request to them (is it s.77 or s.78, sure its s.77 but better to be sure)? Do I send the new GDPR SAR request and if so, who do I send it to - SLC, Erudio or Drydens? Do I bother to fill in the Income and Expenditure form, repayment offer, or reply form they've sent? Apologies for the questions, need to make sure I don't screw it up. ta
  4. HI All, I wondered if anyone can help me. I recently received a small claims court summons from BW Legal for a parking charge for £100 dated 07/12/2012. The sum they now claim has risen to £273. I did not know anything about this and have never received a parking ticket or any correspondence whatsoever. In the particulars of the claim, they refer to the PCN dated 07/12/2012 and the issue date of the claim form was 28/12/2018 I obviously thought this was a statute barred debt as 6 years have passed and filed a defence to that effect. I have now received a letter this morning stating that they are continuing with the claim? Please can someone let me know why a Legal firm would continue with a claim that is "Statute Barred" am I missing something or do they know something i dont? Why would they waste their time, my time and the courts time chasing something that they have no right or legal recourse to do so Any help or advice would be very welcome Cheers
  5. Hi! I'm new here so I apologise if I am posting in the wrong place. Long story short I have received a letter from Cabot advising that they are going to instruct a company called Resolvecall to call at my house and "put me back in touch with them". This is regarding a loan which was a CCJ but that dropped off 18 months ago. I have received nothing else regarding this debt I just realised there was a CCJ logged on my credit file. I was very ill and going through a difficult separation when this debt defaulted (originally Santander) and missed one payment. Despite me offering to catch up by paying £50 extra per month Santander refused and it has never been resolved from there. Do I ignore the letter in the hope they won't bother to send someone round? I have looked at all the other threads but am confused regarding CCJ's over 6 years old which weren't enforced during that 6 years. Thanks in advance!
  6. Hi All, Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months). Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract. I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law? Thanks Andrew
  7. Hi All, -I joined the gym on the 18th of April 2017 on an 11-month contract. -I tried to cancel my membership around August/September 2018. (17-18 months of paying) -The harlands online cancellation system kept popping up with errors when I tried to cancel. -I cancelled the direct debit as the online form was not working. -I received an email from Harlands on the 25th of September telling me that I was to reinstate my DD. -I responded and let them know that I had not been to that particular gym for over a year and that I had tried to cancel but it did not work. -I then received an email in October informing me that on top of the original membership fee charge of £9.99, they would be rounding it up to £34.99 due to an "administration fee". - Now they have rounded this up to £104.97 in total. - I would happily pay the £9.99 for the 1 month I missed. -So this cycle is going to keep going on and on as you cannot cancel membership if you have cancelled the dd. After reading on this forum for some time I have realised that they are not a very nice Company, however, any advice that you could give would be massively appreciated. I am an apprentice who makes no money whatsoever, so being asked to pay one-sixth of my paycheck before Christmas is appaling. Silo0o
  8. Your good advice please. I received a letter from a DCA titled a’ pre-legal assessment’ on an old credit card debt that the DCA have recently acquired. I suspected this could be nearing SB I checked my credit file and discovered that there is no information about this account on my file prior to May this year! As they are are using the usual vague language i,e, ‘may’, 'being considered’, should I bother to respond to this or should I CCA them or other? Who’s responsibility is it to insure the information on a credit file is accurate and up to date? Would the OC remove this info or what could have happened? It’s all a bit odd and I’m not sure how to respond if at all to the DCA. Regards
  9. Had a letter from ZZPS 71 days after an alleged parking offence was committed. No PCN from Premier Parking Ltd at all (genuinely), would be grateful for any advice. Thanks. As far as I am aware Premier Parking Ltd would have to issue a Parking Charge Notice within 14 days for it to be considered legal. The only problem is the legislation states that the notice is presumed sent unless proven to the contrary, v.hard to prove a negative - but for certainty these notices should be sent out by recorded mail.... as my letters to ZZPS have been.
  10. Hi Folks, Cabots have been chasing me for years about a debt. I do not remember owing any money to santander but they say I owe £1200. I once wrote to them asking for proof of this debt but they did not respond. The debt has moved backwards and forwards between Cabots and a few other companies now Cabots have sent a letter saying they will instruct a solicitor to get a CCJ against me. What is my best course of action with this? They never give any account number details - just a balance of £1200!! Many thanks.
  11. Hi Can someone give me some advice? I left the UAE in debt some years ago, a long story but not dis-similar to many others you will have heard. I have been contacted by a UK company (IDRWW.com) who have been instructed by the original bank. I do own my own flat in the UK, although it is mortgaged and has little or no equity in it. Can someone tell me what steps I should take? What can IDRWW do? Are they likely to try to make me bankrupt or put a charge against my home? Does anyone have any experience with this company and what they will accept or what they are after? IDRWW have given me 7 days to reply. Any advice would be greatly appreciated. Tobe
  12. Last week on Thursday we got our domestic water bill dated 16th Oct. This was followed up by a text on Saturday reminding us to pay. On Tuesday we got an email again reminding us to pay. Yesterday another text reminding us to pay. Is Severn Trent that desperate for funds that they have to hassle you every 24 hours? Most bills we get expect payment within 30 days and not within 24 hours? Just to add, we do not have a problem to pay the bill and will do so at the end of the week.
  13. Hi everyone - I'm in a sticky situation. I went to live abroad for some time in 2015 and I'm back now. I was sure before I left that my UK HSBC account was at 0 but it wasn't due to some overdraft that I gone into without knowing which later led to the account being closed. I just received a letter from Cabot today saying that I owe them a balance of £1347.86. I spoke to HSBC earlier in 2017 and they said to me that the account in question was closed and that I owed something in the region of £200 due to overdraft. I can't remember the exact details but I assume they said the debt was written off, otherwise I would've paid the debt right away then. This also makes what Cabot are saying quite confusing because they're saying I still owe this debt and that the fee is larger than I was told by HSBC. I phoned Cabot right after I got the letter and they told me that it was probably Direct Debit that caused the fee to be so high. I had no Direct Debit and I never admitted liability. I asked whether they have the T&C's of the agreement I had with HSBC, to which they said no. I also asked if I could have evidence of the debt but they said they didn't have anything on their side and they'd need to make a dispute with HSBC. For that I said, I'll contact them myself and get the details so they'll put the account on hold. What do you guys think? Someone told me to get this all in writing sent to them either in email or post. Should I do that? Please let me know what to do since I have no idea! Many thanks in advance.
  14. Hi all, I know there are numerous threads on here but I’m going to post my story to see if I can get some personal advice regarding this. Lowell are chasing me, I have read all your views on how people shouldn’t pay them a penny or worry over them. They are chasing me for a Littlewoods debt, I have requested proof which to my surprise they provided. The debt was from 2012 (ish) but the latest payments were made 2017. I have no problem admitting this debt ( I lost my job and whilst I was in between work I couldn’t afford to pay ) now I had been a loyal customer with Littlewoods and after a few missed payments the debt was sold. My issue now is Lowell are on my credit file, ( Littlewoods were but it has changed ) I am wanting to get a mortgage eventually within the next year and I know this is going to hinder me. Is there anything I can do to get them off my back? The debt is roughly 4,000 however half of that is interest as purchases were made with buy now pay later so actually only about 2000 is actual debt. I am sure Lowell will add their interest too, so I’m guessing to them I would be worth a trip to court? Thankyou in advance
  15. Hi, I sent out a CCA request to DLC, who were collecting for an old Egg debt; I have been paying £1 token payments to them every since the account defaulted over 6 years ago, and due to having moved house a couple of times since, have completely lost track of what has happened with this as the standing orders were set up to come out automatically. Last week I received a response to my request from DLC stating "we returned the account to Egg in July 2010, who have since ceased to trade. We assume that your account has been acquired by a third party company and we suggest you contact them". I have no idea who to contact about this now! Any advise as to what I should do next? If Egg have ceased to trade, then where has my £1 a month been going?!! Many thanks AM
  16. Hi all. My wife left me nearly 2 years ago. She didn't give DVLA her new address, her car was clocked with no tax, and Marston's tell me they have a warrant for removal. I called Marston's. They won't take my word for it that she doesn't live here. Only that if she doesn't pay £615 immediately, they break my door down and take my stuff. I have a chronic mental health problem, and I'm not in a good way. I need to get the stress off if possible. What do I have to do? My budget doesn't run to an expensive solicitor. Thanks.
  17. Hi everyone, any help would be highly appreciated Back in 2010 I arrived in the UK to study, me and my friends rented a flat in Brighton and I signed with TalkTalk for a broadband plan (1Year). The account was under my name and it was paying it from my personal bank account. End of 2011 I finished my studies and went back to my country, but before I do that I contacted Talktalk and told them that I am leaving and that my room mates will be paying from for this plan from now. (Kindly change the account holder to them and hereby I inform you that I am not longer responsible of this) "for sure there is no proof of this as it was a phone call" Time passed then in 2017 April I returned to the UK with my family to start my new job. Surprisingly I received a letter from Lowell demanding me to pay an outstanding amount of 240GBP for an old account related to TalkTalk. I ignored the letter as I sincerely forgot that I ever had a TalkTalk account! on the end of 2017 I relocated to the northern side of London the somehow they got my new address (I am guessing through the bank as I still use my old account since I was a student) and demanded me again for the same thing so I gave them a call and asked what is this about, they then explained that this account still under my name and it has an outstanding amount since Dec 2013. I asked what account was paying for all these payments since 2012 they explained that it was someone's else account (My room mate). I then explained that I left at the end of Sep 2011 and since then I was away, I have all necessary stamps of exits and entries on my account which validate that I was out of the UK for the past 7 years. They took all these notes from me and were very polite with me, then asked me to wait for a month or too for feedback. Today I received a letter saying that TalkTalk said the following: TalkTalk has advised us that they received change of ownership forms on 09/11/2011; however this could not be completed due to arrears on the account. They state that they received further card payments from a third party, but the name on the account was never changed Lowell then continues the letter saying that I need to pay this and that they will place this account on hold for 30 days for me to review in case they missed anything. Can anyone explain to me what is the best root to take next? As it is obviously not my responsibly to pay especially that i was not informed that the owner ship change did not happen? Bare in mind that my credit report has a note on it from TalkTalk since 2011 apparently which prevented me from taking any credit plan with any type of business in the UK since i got back and i am not quiet sure about the impact on my credit score after this issue is sorted. Kind Regards
  18. Hi All Around 2010/11 I was in heaps of debt, various cc, loans etc, totalling c £30k. I took some great advice from this site, worked hard, and managed to settle everything. Finally debt free by summer of 2016, credit score still not great, but heading in the right direction. And now I receive a letter from Mortimer Clarke (Cabot): ‘As you are aware a County Court Judgement has been entered against you under Claim Number QWERTY123 and we ask you to pay the outstanding sum of £2244 direct to this office within 14 days.’ The letter encloses an income and expenditure form with a view to arranging a monthly payment, but goes on to say: ‘…our client may be willing to accept a reduced amount for a lump sum payment to settle the debt’. First I’ve heard of it, and I’m gutted, thought all this nonsense was behind me. I’ve established that the CCJ was issued at Northampton and has subsequently been transferred to my local court. All paperwork was sent to an old address, which is why I knew nothing about it. All of this happened just over 3 years ago, and I’m just finding out about it now. And strangely, it doesn’t appear on my credit file? As I thought I was debt free, my circumstances allowed me to become a student, so I’m currently studying full-time, with negligible income (averaging about £200 pm). Seems to me I have 2 choices (unless any of you can suggest a third way?) 1. Offer about £20 pm, which they are unlikely to accept, as it would run for 9 years. 2. Offer a lump sum, I think I could scrape together £600 - £700, but again this probably wouldn’t be enough. All I know about the CCJ is what the lady at Northampton told me: That it has been transferred to my local court (don’t know when), That the payment terms were ‘Forthwith’ and, That the claim said it was in respect of a CC agreement ‘entered into on or about 19/05/2004’. (Is it suspicious that the date of the agreement isn’t precise? Suggests to me that they don’t have a copy of it). In the scheme of things, the debt isn’t that big (given my situation 7-8 years ago), but this is hanging heavier than those bigger debts ever did, because my circumstances are different now, and I have no real income to work with. I really don’t know which way to turn with this. Would be so grateful for your thoughts. Cheers Scarboro
  19. Hi, I had a credit card from the Halifax which after I lost my job, I was paying £20 per month after discussing a lower payment. This then went to Blair Oliver Scott and I kept paying. After it went to Idem in May this year I stopped paying as I didn't think they had a right to collect. They hassled me by phone ringing every day sometimes twice a day and I ignored them, partly because I am deaf and couldn't hear my phone. now I have Westcot chasing me. Can you please give me some advice? Do I now have to pay Westcot? Are they likely to take me to court? Or shall I ignore them as well? I don't know who will pursue me for this next maybe Kentucky Fried Chicken!
  20. Hello, I have a disputed Cabot debt of between 5-10k which was sold on to them by my former bank a few years ago. I had previously written to my original creditor with a CCA request, allowing them 12 (+2) days to provide the requested documents, then received a letter from them saying they were going to comply with my request and get back to me. I didn't hear anything from them again. The bank then sold the disputed debt to Cabot. I wrote to Cabot earlier this year with the following: I refer to previous correspondence in relation to the alleged agreement, copies of which are attached. The letters refer to a formal request under the Consumer Credit Act 1974 sec. 77-79 for a true signed copy of the alleged agreement referred to in the above account number. I would like to point out that this alleged account is formerly in dispute. The original creditor failed to comply with my statutory request within the allowed time limit of 12 (+2) days and have defaulted in respect of this alleged agreement. Additionally, this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. Under FCA rules it is a further offence to attempt to enforce this alleged agreement until such time as the default is removed. Please be aware that I will not hesitate to report the unlawful sale and collection activity of this alleged debt to the appropriate regulatory authorities including, but not limited to, Trading Standards, Information Commissioner’s Office, Financial Ombudsman Service, if further demands for payment do not cease immediately. However, after blocking their number I am still getting text messages from them asking for me to call them quoting their reference number. After the last text, I phoned them to ask what they wanted to speak to me about, and they reminded me that I still owe the debt. I said that I do not acknowledge the debt and that it was unenforceable. They then gave me some rubbish saying by confirming my name and date of birth I am acknowledging the debt is mine. They have my old address and have probably been sending demand letters there. Would it be wise to write to them, asking them to stop harassing me, and give them my new address just in case they decide to issue a court summons as I don't want to risk getting judgement by default. I should point out that the debt is now 6 years old so doesn't appear on my credit file. Thank you for your help.
  21. In 2005 I paid (what I thought was) the final payment towards a mortgage shortfall arising from repossession and sale of a property. The mortgage was in joint names with my now ex wife. I argued with the DCA at the time that my wife was jointly liable despite her claim she could not afford to pay, and eventually agreed to pay 50% of the Lenders' shortfall amount. The DCA claimed to be acting on behalf of the Lender. They wrote and stated that the Lender was prepared to accept my 50% offer in full and final settlement of my liability to them. I paid the agreed amount in full and received a further written confirmation from the DCA that this was accepted by the Lender as full and final settlement of my liability. They stated that the Lender reserved their right to pursue "any party not named above" for the remaining balance. They stated that the Lender would make arrangements to show that my liability has been satisfied on the register maintained by the Council of Mortgage Lenders. However, I have now had a letter forwarded from a previous address claiming that it is from the Lender with a letter 'enclosed' from a 'solicitor' with whom the debt has now been assigned to from another DCA I have never heard of! The letter claiming to be from the Lender appears to have an old logo which I am unsure as to whether they would actually use and it is enclosed with the letter from the solicitor which strangely bears the exact date the solicitors letter bears. They are claiming that I owe them the other 50%. They state the following: "We understand that payments have been made towards this account in the past and from this we have determined that this account is not in dispute, there is no valid legal reason for it to remain unpaid and these payments are an admission of liability. If you believ this not to be the case you must contact us immediately to advise us of the details."! Where do I stand on this. Could this be the 'solicitor' faking the Lenders letter? Any advice appreciated. Thanks.
  22. https://www.consumeractiongroup.co.uk/forum/showthread.php?421236-Rossendales-DCA-chasing-old-legal-aid-debt-**WON!!-revolked-cancelled** HELP PLEASE, Thanks for sharing your experience of dealing with Rossendale and Legal aid right through the end. It gives me HOPE about my same problem i'm experiencing at present. In my case, it is now been over 6 years since the end of my case when i was convicted of a crime in end of 2011. i received a surprise out of the blue capital contribution order of over 40k to be paid within 28 days. letter with legal aid heading on the left side and rossendales on the right head, signed at the end 'for and behalf of head of crime case management.......plus a separate letter from rossendales. legal aid was granted after assessing income etc at the time and i did not contribute anything. i was never made aware and had no knowledge of the amount granted or provided with the cost of fees from solicitors firm -if i knew the fees was going to be sky high i would have never got representation. i was unaware of any conditions to pay at a later date i understood it was a grant, not a repayable loan. my question is under the section 9 of statute barred limitation act 1980-after 6 years since the legal aid application, can legal aid agency enforce this debt on me? please help.......
  23. Dear all can someone please help with a problem i am having with IND. just recently oct 17 i had a CCJ drop off my credit report ( the CCJ was sent to 643a instead of 643 and as a result i never received the CCJ, fast forward 6 years i have had no communication or contact from ind etc, last month when they searched my credit report, i rang them to ask why they were searching my report, they asked me for my DOB and i told them they said they could not discuss anything with me as my date of birth did not match their record, a week later i received a letter and a so called copy of a credit agreement (see below images), i decided to look around on the net and sent them a prove it letter and request for a CCA with £1 for the requested information. they sent the postal order back and said that i should prove whom i am and make a SAR request. as they do not need to send a CCA due to the CCJ. the address 643 is my parents address i have moved out since 2002 to a new address and been on the electoral register etc. can someone advise what steps i should take next, i was thinking of waiting for the 12+2 days to expire and send them a you did not comply to cca request letter is that correct. thank you in advance below is all received and sent letters hotbot.pdf
  24. Hi all, This is a query for me, regards to a couple of outstanding invoices that have now been paid. I received an email from Stirling Debt Recovery on behalf of their client Thompson Local for two invoices for £162 each and another invoice for £60. I have contacted Thompson Local direct and have paid £324 to them this morning, and will pay the final £60 for end of contract fee next Friday. Thompson Local stated at first that I needed to contact Stirling DC, I said absolutely not, I don't do any correspondence with a DCA whatsoever, and asked if Thompson Local were refusing to take payment that was owed to them. Of course they said no, but needed to contact Stirling as to what to do. I get a phone call a couple minutes later back from Thompson, they are quite happy to take £324 today and £60 next Friday, but have said additional charges by Stirling will need to be paid directly to them. These charges are listed as reasonable debt collection cost under the Late Payment of Commercial Debts Act 1998, of 10% of the total outstanding debt, plus late fees of £40. Now I know the general instructions about DCA's is to just ignore them, especially when they don't actually own the debt themselves, as in this case, but as it is a commercial debt, can they still chase me for these additional charges ? Any advice would be gratefully received. Cheers, Bloke199
  25. Hi, I have been reading lots of different opinions on here regarding debt from Australian companies being chased in the UK. I had a fairly large credit card, plus some other unsecured loan debt in Australia where I lived for some years. Due to illness I ended up back in the UK and out of work for 4 years. As a result I defaulted on the debt and had not made a payment on any in about 2 years. About a year ago I received a letter from Stevens Drake regarding on of the debts and threatening generic legal action if I did not pay. As I was still unwell at the time I did not have the energy to research my options as what best to do, as a result I started making £xx per month payments. The debt in this time has gone from about $18,000 to over $23,000 as the payment I have been making are fairly small. Long story short, I asked if they would accept a few thousand pounds to settle the debt in total as that is all I can scrape together from family and friends but they refused it. I cannot go bankrupt in Australia as I am not there, I also cannot go bankrupt in the UK as I do not have any debt and that debt is not even located here yet - so I feel in a catch 22 situation. I feel like I should just stop paying and force them to issue proceedings here so I can then go bankrupt but I am not sure how bad an idea this is. I will not be able to go back to earning the sort of money I did previously which means in reality I cannot repay this debt. If anyone can give any advice I would be extremely grateful.
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