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Found 12 results

  1. I need to file my Defence by Sunday 18th May 2014, here's a brief outline to the claim, to my knowledge this alleged debt is statue barred.... The Original alleged debt was with Lloyds TSB for a BANK ACCOUNT, but the debt is made up of all 'default charges applied' to the account, no money was physically borrowed or any Direct Debits etc paid for. The last action on the account was a returned DD 9th November 2007, after that we didn't use the account, but Lloyds TSB kept applying Account Charges, Interest and finally the account was closed/passed to debt recovery Nov 2008 suspending interest & Charges. The final demand letter was 24th Nov 2007. - On 15th April 2014 Bryan Carter wrote to us stated they have issued a claim and we should receive it in 48 hours!!! Lowell is their Client as they bought the debt off Lloyds, debt is £1400, all Default Charges. We acknowledged the claim and now the defence needs to be filed by 18th May. Am I correct in saying that this alleged debt is 'Statute Barred'.......The account was also a Joint Account but the claim arrived is just against one of us..... Any help and advice would be highly appreciated as I need to file my Defence by Sunday 18th May 2014. Many thanks im4347
  2. Hi There, Bit of a shock - the other day I received a letter from Northampton from a solicitor representing Arrow on behalf of a debt to Tessera? just over £1000. Without a shadow of a doubt this debt is statute barred - I cannot even I identify who the original creditor is (although looking at the account number quoted it appears to be a card number - But I do not know who from) Obviously my intention is to initially reply stating I intend to defend and then submit a defence. I have read multiple cases on here now but would love to have a few pointers and a bit of support on this one. There is nothing on my credit record so I genuinely do not know who this is for. Should I contact the Solicitors with prove it/give me paperwork to show letter? Or do I communicate with the courts only? I am more than happy to do battle on this _ I just want to do it right. Many thanks in advance - if you need me to provide further information - let me know. Thanks
  3. I took a payday loan from Capital Finance One Ltd in July 2011. The loan was £200 and the total repayment was agreed at £278. I did not wish to pay £15 for same day 'faster payment' so the loan finally credited my account 2 days after being issued. The loan was issued on 4th July 2011 and I initially agreed to repay on 29th July 2011 when my salary was paid. On 21st July 2011, I emailed CFO to ask to change the repayment date from 29th July to 4th August 2011. I explained that I had paid interest for a full month and repayment on 4th August 2011 would, therefore, still be within the agreed 'one month' time limit. CFO did not respond until 29th July 2011 when they emailed a 3 lined message to tell me that I had 'defaulted' on the agreement. I immediately replied with a full explanation that I had not defaulted. CFO emailed the same message on 3rd August 2011 and on 4th August 2011, when I fully expected CFO to debit £278 and close the agreement, CFO took £128 which they said was 'charges for 3 defaults'. Emails were traded back and forth. I disputed these charges and even pointed out that the notices they sent me to notify of my alleged 'defaults' were completely invalid and did not comply with the Consumer Credit Act stipulations. I ordered CFO not to take any further monies until we had resolved the dispute. I also gave written cancellation for any authorisation CFO may have had to 'CPA' my account. ie not to debit what they wanted - when they wanted - without the need to inform me or seek my approval. CFO then debited 3 x £25's from my bank without my approval or authorisation. I wrote to CFO to say that they had now taken £203 and had taken £75 unlawfully. I told them that the agreement was in my opinion 'settled and closed'. CFO wrote to me once more to state that I still owed them £200 (how they calculated this figure, I don't know...) and that they would report to credit agencies that I was 'in default'. In April 2014, I made a payday loan application for £200 from CFO Lending Limited. I didn't know that Capital Finance One Ltd had changed their name in 2012, but I'd be lying if I said that I didn't have a pretty good idea that they were one and the same company! However, I was skint and had repaid £203 for the £200 loan in 2011. My application was rejected immediately. I had 'ticked' the box which denied CFO Lending to keep for themselves or pass on my personal details. I had submitted details of my new Nationwide Building Society (set up in 2013) account as part of the loan application. I had to give my debit card details so that, if successful, the loan could be collected from a named account. When rejected, these details should have instantly been erased by CFO Lending. However, CFO Lending waited until 11th June 2014 and made 5 separate debits from my bank for a total of £495.65. It took me a day to put the pieces together with the help of my bank 'visa dispute' team. I could not believe that CFO Lending had used information (which had only been submitted as part of a failed loan application and should have been deleted) to take £495.65 from my bank account without any authorisation, approval or even notification. I spoke at length to Ms Susie McKenzie in CFO Collections who said she would get back to me quickly. I had to wait nearly a week before I received a formal response. CFO stated that all of the debited money was to repay the outstanding loan from July 2011. CFO Lending had already taken £203 from my account in 2011. The last email they sent in 2011 told me that I 'still owed £200' (which I disputed completely). CFO had taken a further £495.65 on 11th June 2014. Therefore, CFO claimed that my £200 payday loan cost £698.65 to repay! CFO Lending claimed that the bank details which I had submitted as part of a rejected loan application to them in April 2014 could be used by them to recover any monies relating to the agreement we had in July 2011. They claimed that the Continuous Payment Authority set out in the 2011 contract justified this. I spent hours in collecting every email and document relating to my dealings with CFO from 2011 onwards. My response included a copy of the vital email which I sent to CFO on 24th August 2011 in which I ordered them to 'stop taking any further money from my account until the dispute is resolved satisfactorily. Any authority which Capital Finance One may have had is cancelled with immediate effect. You (CFO) have taken much more money than we agreed. Do not debit any more money from my bank'. I also set out why their defaults were invalid and why these huge charges could not be applied as they were never discussed or explained at the outset. I have a very strong and complete argument as to why CFO's actions are unlawful and why they must return all monies taken AFTER I cancelled the CPA and ordered that they make no more transactions on my account. CFO has failed to respond to this letter or any of the 6 I have sent them since. I sent a 'Final Demand' and they have not met the requirements within. Nationwide Building Society is investigating these transactions as 'fraudulent'. I have been able to make a formal complaint to 'Action Fraud'. Nationwide has advised me that THEY will report to the Police as this is their responsibility. I must now make a claim for the money using the CCMCC (county court money claims centre). I am determined to make the most of this opportunity to show the public just how payday lenders work. My case is very strong and legally sound. However, I am afraid that I will slip up in its execution by making an administrative or process error. Thus enabling CFO Lending's solicitors to have the claim 'dismissed' on a technical point. I have been 100% honest and open in my account of this matter. I have had to use a payday loan company because my credit history is not great. I did know that they have a reputation for difficulties. I repaid £203 for the £200 loan in 2011. I know that I should have patiently resolved the dispute then and paid off the remaining £75. CFO Lending still doesn't have the right to treat any customer like this. This 'CPA' justification is wrong and is completely unfair and dangerous. I want to make payday lenders change their working practices with this claim. I am not pretending to be Florence Nightingale. I have credit problems but I should not have to repay £700 for a loan of £200 - this is wrong. So, if anyone out there could please offer practical or legal advice which will help me make my claim more effective, then please get in touch. If you need any further information, let me know.
  4. Hi All, My problem is this (this could turn into a rant due to me frustration, so apologies now lol): I got a credit card with Sainsburys bank in 2003 In 2006 I had an accident and ended up out of work, as a result i incurred an awful lot of overlimit and unpaid DD charges plus interest. I went for debt advice and was told to offer a £1 a week for the foreseeable future while I got back on my feet. (At the same time I nearly lost my house and had to VS my car and i was suffering with anxiety and depression) What I wasn't told by Sainsbury's Bank is that the agreement to pay a £1 stopped after 12 months. I didn't receive a letter to inform me of this until I received a letter saying thank you for setting up a DD. By then they had started charging my account with interest and all the charges. The DD were coming out at the minimum but the chrages and interest were swallowing it up and I was not paying anything off at all. After getting advice I put the account into dispute (which I was told would freeze interest and charges while we worked it out) This did not happen and they continued to take payments. (this was causing me to incur bank charges too so I cancelled the DD that I didn't set up in the first place. I sent out a letter of complaint and officially put the account in dispute. We negotiated via letter ( some of which I have) and they offered to refund a small amount of the charges. While this was going on they were still sending debt collection letters too) I sent a letter saying thank you for your offer however I will only accept a full refund of all charges and interest applied to my account, I then said I would then be willing to set up a standing order to pay back an amount that I could afford per month and obviously not use the card again... I never received a reply although I sent the letter 3 times recorded delivery (I might have the proof somewhere...) While awaiting a response it was passed to a debt collection agency, then another, then another and has been so for the past 5 years. In this time I have attempted to sort this out by explaining to the debt companies that the account is still in dispute but they will not listen and insist I owe it. The amount in question is £2770, the majority of this is charges applied before and during the dispute. I received yet another different debt agency letter last year and stupidly thought that I was over the 6 year mark. The reason for this is that I did not ask or acknowledge the debt willingly after they revoked the £1 agreement and forgot that they had took it upon themselves to set it up themselves. (they have also done this in 2011 with my new account, I have no idea how they got my bank details) They didn't take anything and a dd wasn't registered with the bank so I must have cancelled it in time) As I have had approx 8 different debt agencies sending letters but never taking it to court I assumed it was because they knew that an account with charges etc was not going to be an easy one to win. I wanted to get this resolved but my experience of courts has not been a fair one. I have a letter stating that I am seriously disputing the amount owed and i have a response from Sainsbury's offering a refund of some of the charges. Can anyone offer advice on where I stand with this please? If I have to pay all of this when I did try to resolve it 5 years ago I will be devastated, especially as most of it is unlawful penalty charges... Sorry for such a long post andthanks in advance.
  5. Dear Consumer Forum I have been sent a claim form from the county court business centre, Nottingham. Parking Eye have sent this and I don't know why. It was sent to my old address and as I have moved the letter was forwarded on to me. I do not recall this parking offence occurring at Morrisons supermarket car park but Parking Eye have picture evidence of my car leaving the car park later than the two hours allowed for parking there. As I am the registered owner I am obviously liable? I don't know what to do or how to tackle something that I do not recall happening and feel it is outrageous to request £185 costs from me. Please help, much appreciated. Many thanks
  6. Received a court claim for £14,300 for disputed MBNA card agreement assigned to Arrow Global from Restons Solicitors. Card was sold to me at Heathrow airport, face to face in 2002. I seem to remember something about the process of the sale not being normal. But in any case, it is 6 years since any money was paid to this account. I issued a S78 request in December 2007 and did not get a satisfactory response including no terms (not even reconstituted ones). No money has been paid since December 2007. So I think the alleged debt became statute barred at the turn of the year. It seems this has been the trigger for Restons to take this to court. Does anyone have any pointers of what I need to write in the defence to this case. Thanks
  7. I am posting this on behalf of a relative who has received two Claim Forms out of Northampton (CCBC) County Court. Both are for debts originally with HSBC a) Credit Card (1***.** and b) Bank Loan (1****.**). Both Particulars of Claim are basically the same except the Credit Card uses the wording 'a regulated agreement' whereas the Bank Loan uses the wording 'a loan agreement'. Both say that a Notice of Assignment has been provided to the defendant with a date on the Bank Loan one but on the Credit Card one there is no date. Also that a Default Notice has been served on the defendant (no dates given on either) Finishes with wording that The complainant has complied as far as is necessary with the Pre-Action Conduct Practice Direction. Claim Forms are both dated 29th April 2013. Both claim forms were acknowledged with intention to defend all the claim and asking for the extra 14 days. A letter has been sent for each claim asking under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document(s) mentioned in your Particulars of Claim: 1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. The assignment 3. The default notice 4. A statement of account showing how the amount claimed has been reached. These letters were sent by Special Delivery and were received and signed for on 7th May by MKDP LLP. In addition to this a SAR was sent to HSBC again by Special Delivery and was received also on 7th May. My relative states that they have not received any notice of assignment or default notice for either of the debts. In addition they also believe that they have not made a payment or acknowledged the debt for the 6 years prior to the issue of the Claim forms (but is close) To date they have received no acknowledgement from MKDP LLP. What is our next step please? Do we now send N244 and also should we also have sent a SAR to MKDP LLP
  8. Hi everyone. On saturday I received a court claim from Northampton County Court stating that a company called CAI Finance Limited have put in a claim for £1577.55 including interest. They state they were assigned a debt allegedly owed to Bank of Scotland PLC dating back to a credit card from 2003 which I apparantly defaulted on in 2010. It states they were assigned the alleged debt in August 2012. Wit a reference number relating to the credit card and that they sent a letter to me in September notifying me they were assigned the debt. There is no paperwork with it to state that they own the debt, that the debt is in default, or that the debt is actually mine. I dont to my knowledge owe Bank of Scotland this sum of money. It is the wrong amount. The last contact I had with Halifax which I guess is what the debt is relating to, was when I tried to arrange a payment plan for a much lower amount over the telephone which they refused to do, stating I had to pay in full. I then received a normal credit card statement requesting full payment. I was not aware the agreement was terminated or that the account was even closed. I do recall receiving a letter from a company stating they owned the debt a while ago and I did not keep the letter, but I recall that it was First Credit? I have no knowledge of CAI or the amount of money they stating, even without interest added. I never sent First Credit a SAR or disputed the debt. Is it too late to do that now? Can I ask for them to prove they own the alleged debt, or do I have to now accept that they can purchase a debt for a low amount, then make up a figure about what I owe and I have to pay? I have been dumb ignoring the halifax debt, but I was hoping that they would just leave it for a while. I have been unwell and have had money issues so didn't deal with it properly. Now I regret that as this is a pre-2007 credit agreement. Can I do anything to stop this becoming a CCJ for an amount I don't even owe?
  9. Hello all Im not new but still a newbie lol, I have had a court claim sent from Bryan carter to which I tried to sort it out myself without posting....big mistake . I sent a CPR18 but by looking though some other posts it seems I have sent the wrong thing. I have had a reply for the CPR 18 from Bryan carter which I have attached a scanned copy to this post. Please can someone help, I don't like owing money and this account was originally for £200 which I had offered to pay shop direct but they refused, didn't do this in writing though(another mistake I expect) I had tried to keep up the payments but once the 1st lot of charges went on, which I think was late payment charge of £25 + account in arrears charge another £25 and by then the next monthly payment I just couldn't afford it. I asked the catalogue then if they could help by at least dropping 1 of the charges which they said wasn't possible so now I owe £725.60! I know I never did send back the signed credit agreement and at the time my husband who is self employed had no work and was on JSA and we had 3 young kids. T his was about 4 and a half years ago and have spoken to the DCA's and bryan carter about paying the original £200 but they wouldn't accept my offer. I have done the acknowledgment of service online and have until the 19th of December. I don't know if anyone will be able to help, after having to unplug my landline because of 10+ calls a day if I can I don't want to have to pay bryan carter a penny. Sorry for the long post I hope someone can help me.
  10. Hi, last week I received an N1 claim form from Arrow Global for a debt with Citi Financial. I have not taken out any credit apart from a car HP since my youngest was born 8 years ago. I vaguely remember getting a loan with my husband but that was around 9 years ago and it was not for the amount they have stated, or the date that they have out as 2006. I am not sure how to deal with the defence of it. I have completed the acknowledgment of service online and now have to file a defence for myself. I believe that this is statute barred due to the fact I have not heard anything with regards to this loan in years until this court letter arrived. It has my husband on the form at an address where we haven't lived for the past 6 years, and they have added a default to my credit file last week too. I check my file every month to try and get my credit back up to a degree of respectability and up until last week there was nothing showing with regards to this debt, when I updated it this suddenly showed up. Can anyone give me some advice on what I should put in my defence as I really don't have a clue how to word it properly.
  11. This is an unusual situation .... Two years ago HSBC took my brother to court for a credit card. At the time, we had a family problem and the bank's solicitors (DG) agreed to hold the claim for 3 months. However, he still had to submit a defence which I helped draft, asking for a copy of the agreement and default notice referred to in the POC and how the amount claimed is arrived at. The bank did not respond to the defence. Previously they had said there was no agreement (well before the court claim) when default charges were disputed. Now they have come back with a response to the defence, some 20 months later and apparently the claim was stayed for 3 months. DG say they cannot locate an agreement (same as before then) and no copy of the default notice because it was system produced at the time of default. They also say the default charges are fair as per OFT report of 2006 and the test case of 2009 (which was about personal current accounts so what are they on about). They've sent a 'credit card request form' with the customer's name and address. The rest of it is not filled in. And some terms and conditions from 2002. They've offered to reduce the claim by a few hundred and say settlement can be agreed by a Tomlin order. I've to find out from the court what is happening with the claim. Should they not have struck it out many months ago? It now seems an abuse of process. The claimant cannot produce the documents they relied on in their POC and have come back 20 months later. Any help would be appreciated. Thanks.
  12. Hi There yesterday morning i received a court claim form from 1st credit, i am literally bricking it. i CCA'd halifax a long time ago who took forever to supply a copy of the agreement then it moved to iqor, then connaught, then 1st credit the last three letters i've written to 1st credit i've asked them to negotiate a settlement or a monthly payment, they've completely ignored me on all three occasions writing back with "pay up in full or else" i earn 950 a month net, do not own a house, a car, or anything of value and have no savings but i do have a relative who would help me out (this relative was actually paid £3000 off the balance a few years ago but despite this the amount claimed is £4500 more than what the balance was back then - approx 8k and its now 12500 with 1st credits interest charges) i've attached the claim form, a copy of the agreement front and back and a copy of the deed of assignment. my view was this; the agreement provided is not an agreement but an application form containing none of the prescribed terms and an unrelated T&C's copy and pasted onto the reverse in an attempt to create something passing off as an acceptable document. every DCA avoided answering my questions and simply said pay up or else. i've not put in any claim for unfair charges, ppi (which looking at the application it would appear i didnt have) etc my question is? how do i defend this properly??? i do not want a CCJ!!!! thanks!!!
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