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Found 2,224 results

  1. Hi All I was issued with a claim on 9th January which I acknowledged through MCOL, i need to file a defence soon and needed some advice, am I correct in saying that my defence is due by the 11th Feb? The following are the POCs: date of issue - 9th January POC 1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the defendant on or around 05/11/2012 ('the agreement') CAPITAL ONE BANK (EUROPE) PLC agreed to issue the defendant with a credit card. 2.The defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the claimant. 3.THE CLAIMANT THEREFORE CLAIMS 5xx.xx The total amount including court fees etc is £6xx.xx Am I correct in sending a CCA request to the Claimant as I have no documents from them? The answers to the questions you require are as follows: Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not to my memory What is the value of the claim? £5xx.xx Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? After 2007 (2012 according to POCs) 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. Assigned to Cabot Financial (UK) Ltd Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to memory Did you receive a Default Notice from the original creditor? Not to my memory Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? probably 2013 but cant be sure as this was long ago What was the date of your last payment? Not sure Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Roland60
  2. My partner finally decided to claim her Capital One credit card PPI. The card was issued in 2003 which was more or less when PPI was introduced I believe with a avg credit amount of £500. About 2 weeks ago she made a claim using the Capital one/resolver online application. The original card application was completed on the phone and her complaint was it was not fully explained to her what PPI was and why she should be accepting. Within a week she received a reply stating she was not eligible for a PPI reclaim due to the following reason: aged 16-64 Employed and paying class 1 NAT INS Living in UK Based on the above we are confident the PPI was not mis-sold !!! They confirm it was sold on a telephone application which they do not have the recording ! How is this confirming that it was not mis-sold ? They have however agreed to just over £1200 as a result of redress scheme which was introduced in 2014 re a high commission rate which is unfair to the consumer under the CCA 1974. Not sure how to work out the PPI as not much statements are available. Given the above info, what would be the best course of action? Thanks in advance
  3. This is what Lloyds have sent me, clearly not the original as the font is exactly the same as on the new 1 and it looks like it was literally printed yesterday, shocked really as I only sent the letter friday but theres a copy of this, the current terms and a statement. Now i'm no expert but I think this is probably what they send everyone, how do I know this is what I agreed to?. Confusing as hell though, "see condition 8" etc. Clearly deliberately written with the intention of making little sense, but please can someone have a look.
  4. MBNA sold debts that belonged to both me and my husband. Idem bought mine, Moorcroft bought my husbands. I emailed Idem regarding reduced payments that I would make, and eventually they responded agreeing to my reduced amount. However, Moorcroft ignore emails (sent day after day) and they will not reply despite my husband requesting that they not call, but put in writing instead. They call anyway, and to whomever called, I asked them not to call, but to respond to my husband's emails - however, the chap then called my husband's mobile immediately! I got a statement from Idem, and in exactly the same marked envelope (same return address, same statement format) my husband had one from Moorcroft. Does anyone know if this is the same company??? It's really cheesing me off that Moorcroft ignore all the emails. Also, they're sneaky so-and-so's: they are based hundreds of miles away from us, and yet they call the landline using a local number that they must buy to use, to look like they're someone local calling us - idiots! It doesn't take long for me to recognise the number and ignore it. But, they're making me so mad!!! I think I'm wasting my time re-sending the same emails but at least it proves the point that they're ignoring us, dispite contacting them on a daily basis!
  5. Do CLI have any power to raise a CCJ for a debt that they do not own, e.g. a foreign debt?
  6. Hello all... Today I received a notice email from them that someone will visit the above address within 14 days (there is no address listed) This is for a company I got roped into joining online back in 2016 and never received the products for so I cancelled my monthly payments for this company called Enagic. Nothing happened for 3 years until around a month ago when I got an email from CLI telling me that I owed £998 and that they would be chasing me for the debt owed. Same emails as you've had above and they've sent 3 since. I am very worried about this and do not wait debt collectors at my door despite you're reassurance that they can't enforce anything. Is there any actual way they will either come to the door or try to collect this debt? Please note that I do not live at the address I was at back in 2016 and have moved several times since. I am now living with my partner in our first home which we own and moved in may 2019. I got into this business and I do not want to pay for something that I never received and got coaxed into joining with false promises etc. Enagic Europe aren't a UK company and it appears that after 3 years something has been done and CLI are trying to chase me for the debt. What happens from here on out? Do I try and seek advice or just ignore? I've ignored every email they've sent me and as far as I'm aware the only information that they have is my email address.. . Not sure if they've ever sent a letter as I'm not at the address I was at during the time I joined the business. Back in Feb 2016 I was roped into joining a terrible business called Enagic. I was promised thousands of pounds in commission and I'd be coached through the process etc etc etc. To cut a long story short, I made no money and I wasn't coached through anything. Nor did I receive the help I was promised and I spent over £1,000 on FB ads with no success as promised. I cancelled my monthly payments to this terrible business almost straight after and I've never paid since. Nothing was said or mentioned until around 4 weeks ago when I received an email from a company called "Credit Limits International" demanding payment for this debt and they will chase me for it etc. Very threatening and making me very worried. Joining this company put me in debt with another loan for the FB ads (which I am still paying to this day) it caused me to have to put my online business to one side and get another full time job which I am still doing now. I ignored their emails (the only way they have been able to get in touch with me) and today I received an email saying they will visit my house within 14 days to chase the debt on the above address... There was no address written in the email and they've never mentioned my address or phone number etc. What shall I do? I've been reading a few threads from people saying that they had the same and that they can't enforce anything and that they are just a DCA company that sends empty threats in hope that people will pay for something that they don't owe or that they've taken on a debt that most people were unaware of. I've moved house 6 times since I joined the business and I have only lived at my current address for 3 months. I am worried they will visit my home demanding payment for something that has pretty much ruined my life for the last 3 years and I have had no communications with Enagic of CLI since I cancelled these crippling payments to this horrible business. They are trying to chase me for almost £1000. Nothing has been mentioned until August 2019 after over 3 years. Please advise me on what I should do. Thank you all in advance!!! Any advice and reassurance would be appreciated. Also, did anyone actually get a visit from these people? Thank you all!
  7. Ok, sorry, its me again Andyorch, Another Northampton Court Paper has arrived Ive attached details below Name of the Claimant ? Cabot Date of issue – . 12th August 2016 What is the claim for – 1.The Claimant claims payment of the overdue balances (set out below) which the Defendant have failed to pay as required under Contracts with the following particulars Acc No XXXXXX Acc No XXXXXX between the Defendant and Lloyds TSB dated on or about Sept 18 1993 and Oct 06 2005 respectively The Contracts were assigned to the Claimant on Nov 02 2012 Particulars - Acc No XXXXXX Acc No XXXXXX 16/07/2016 - Default Balance - £4500.22 16/07/2016 - Default Balance - £9340.55 Post Refri Cr - NIL Total - £13840.77 What is the value of the claim? £13840.77 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? 2 x Credit Cards When did you enter into the original agreement before or after 2007? Before 2007 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. Assigned to Cabot and yes they have issued Claim Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Don't think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so?? Why did you cease payments? Lack of work What was the date of your last payment? Defaulted in 2010, but then was paying £1 for a few years, then ceased this about a year ago Was there a dispute with the original creditor that remains unresolved? Don't think so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I wrote to them in 2010, and offered them the £1 per month Ok, please can you help me with what to do next 1. / I need to acknowledge the claim form - I haven't done this yet and intend to defend all of the Claim???? Haven't been able to access MCOL all weekend! 2. I presume I send off another CCA Request to Restons? 3. Send off a CPR 31:14 to Cabot 4. Please can I ask if the 6 year timescale is from when the Debt started in 2010 or when the £1 contributions ended? Your help and advice would be hugely appreciated again with these Court Papers
  8. has anyone got the Nationwide Credit Card address??? please
  9. Hi I received some excellent advice from CAG after I had some major employment and debt issues between 2008 and 2011 which resulted in a number of my accounts defaulting, once again I am in need of assistance please. One of the alleged debts I defaulted on was in respect of a BOS Credit Card, under duress I continued paying £1 per month until August 2016 when it was sold to Cabot Financial. The balance claimed is around £4k. Cabot quickly passed the account to Restons who wrote in February 17 threatening legal action to which I issued an unsigned CCA request together with a £1 postal order. Restons rejected the CCA request as it was unsigned, therefore I signed it and resent it with a letter as follows; ___________________________________________________________________________________________________ Further to your letter dated XXXX in response to my second formal request for a copy of the original credit agreement for your reference shown above. I am somewhat surprised at your request considering you have happily sent personal information to my address if you are now uncertain that I am the correct person. For the avoidance of doubt there is no requirement under the Consumer Credit Act 1974 nor the Data Protection Act 1998 for my request to you to be signed. Never the less, I return to you now signed my original letters dated 23 March 2017 and 28 March, together with Postal Order: for £1. This postal order represents the fee payable under the Consumer Credit Act 1974 in respect of my request for a copy of this credit agreement and a full breakdown of the account including any interest or charges applied and must not be used for any other purpose. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account on request. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or micro-fiche document from other sources but indeed the original signed document purporting to be signed by myself. Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state in line with s.127 (CCA1974). I look forward to receiving the documents requested within the next 12 days. ___________________________________________________________________________________________________ I have also sent an unsigned CCA request to Cabot which has been acknowledged and is in process. I have today received the attached letter from Restons advising legal action is commencing, although they have stated the Postal Order and letter has been returned this was not included in the envelope. I have contacted Royal mail to obtain confirmation the Postal Order has been cashed. I would really appreciate guidance as to how I should respond as Restons appear to have no inclination to provide a copy of the CCA and appear happy to proceed to court on this basis. Many thanks Bozalt IMG_1942JPG.pdf
  10. I have a nationwide current account and I have been living on the overdraft for quite a while. (I am waiting for the outcome of an equal pay claim, which should sort it out) My question is, as I am off sick and on half pay, I could not pay the credit card, I contacted them, and filled in the Expenses form, and they withdrew some of the charges, but if they don't allow me to keep on paying the amount that I am trying to pay, can they take my money, or rather take money out of my overdraft to pay the credit card. I have opened a basic account as I need to keep some money to pay all my essentials.
  11. Afternoon all, I’ve received a ‘formal debt recovery notification’ letter from some outfit called Credit Limits International (CLI), asking me to make payment for a debt owed to the ‘Corpo Di Polizia Municipale Di Firenze’, with regards to the Italian Highway Code. I’m unsure as to what the debt is for - I’ve not received any notice prior to this. It does, however, have a ‘Car reference’ that appears to be a number plate. All I can think of is that my wife and I hired a car during the summer of 2015 - when we got married (!) - in Florence, and perhaps it refers to that (the car was returned to the car hire company without an issue, so I can only surmise I must have committed a speed or driving offence without realising). This is the first time I’ve received a debt collection letter and I’m unsure what to do next. If there was a genuine offence then, as annoying as that is, fair enough - but I’m a tad peeved my first notice is a letter that mentions an ‘enforceable order’ in Italy and ‘prosecution in this country’, plus asks me to cover payment of several high costs - not just the ‘infraction amount’, but also interest, legal and collection costs, bringing the total to almost £400. Any next steps would be greatly appreciated. Many thanks!
  12. Hi guys, My father has received a claim form Arrow Global Guernsey Limited - MBNA Credit Card debt on the 25th July 2016. See attachment. The debt is old from 2000, however he has offered £1 a month since last summer which he has been doing so. Prior to this he had a debt management company handling his debts. What steps should I take in order to defend him? Under the particulars of claim is states the contract is "dated on or about Feb 25 2000" Does this suggest they do not have the original contract and so there legal basis for the claim? I need to file the acknowledgement of service form soon, however I'm not sure whether I should be ticking the boxes for "I intend to defend all of this claim", "I intend to defend part of this claim" and "I intend to contest jurisdiction" Any help would be appreciated. Thank you Claim Form_Redacted.pdf
  13. Hi, I have a similar thread on Barclays. I have some old credit card charges on my Cahoot card from 2002/2003. I have the statements!!! I have plugged the charges into the compound interest calculator and the total comes to: Charges: £275 Compound interest (24.99%): £7842 Total: £8117 Do Santander/Cahoot settle eventually or are they courtroom bruisers?
  14. 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
  15. New one this for me...a little help required?! My Wife has a TSB credit card, has had it 17 years no CCA at all. Have nt heard from them for over 6 months. Have sent Resolve Call, Moorcrofts and 2 others letters in the past asking for CCA AND Letters and they all give up and say they have passed it back to Tsb. Today though we receive this new one "We have been instructed by our client to recover the overdue debt. We DEMAND that the sum stated be sent direct to this office IMMEDIATELY using the payment slip below. Your failure to comply could result in a DEBT COLLECTOR calling upon you for payment or a COUNTY COURT JUDGEMENT being registered against you. Yours sincerely swiggly autograph! By the way this is from the DEBT ENFORCEMENT OFFICE in Whitchurch, Bucks. I am quaking in my boots....NOT! Any help what road I go down please with this one Is it same approach as the previous four and has any one heard of this company?8)
  16. Hi, i took out an mbna card in around 2002 (unsure of exact year) i was made redundant and ran up debts, on returning to employment i started to pay them off for many years, however the interest rates kept going up and eventually (aug 2012) i just stopped paying completely, initially i intended to enter into a debt arrangement scheme but mental health issues and anxiety/stress meant i just started to ignore it! I have ignored this situation for almost 5 years Recently found out that after 5 years its unenforceable. ive been praying that it would get to that point to relieve this stress Balance is sitting at around £8.5k I have always had PPI on this card I phoned broadies on receipt of the letter to request a CCA which they said they'd send. I have not received anything, does anyone have any advice, ive no idea what to do next? im scared they dont send any on for because it was done via phone, should i email them? just checked and my first month of not paying was august 2012, last recorded payment was july 2012
  17. Good evening all, I've done a bit of research trying to close accounts which led me to requesting CCA's to Cabot. I sent two for two different accounts which they took off Halifax (1 x CC & 1 x Current Acc Overdraft). I posted the following to them: Dear Sir/Madam Account No: With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974. 2. A full statement of account. 3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 4. A copy of any other documents referred to in the agreement. I understand that under the Consumer Credit Act 1974 (sections 77-79) , I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account. A speedy response would be appreciated to resolve the matter amicably. I look forward to hearing from you soon. Yours faithfully THE LETTERS WERE RECEIVED ON 17TH/18TH JULY AND TODAY I RECEIVED THE FOLLOWING LETTERS: Thank you for your CCA request etc etc... We currently do not have this information on file. However I have requested the relevant details, which include a copy of the credit agreement, statement of account and relevant terms and conditions from the original lender. You have requested a copy of the Deed of Assignment. Please be advised that the DOA is a confidential document between Cabot and the original lender. It does not contain any personal details relating to you or your account and is not available for disclosure. We sent you a Notice of Assignment for your account to your address, which is sufficient to confirm our ownership of this account. Only the courts can request this... Blah blah blah. A couple of things here... I asked for a true copy, they are referring to simply a copy. If they do obtain a copy, is this enforceable? Also is it acceptable what they are saying about disclosing the DOA to me? I don't ever recall being sent a Notice of Assignment, if I did, is this sufficient to confirm ownership and enforceable? I have been currently paying towards what they are claiming, on a monthly basis via DMP. The next payment is due in a couple of days. Should I continue paying or is it advisable to stop until they wholly action my request? Thanks in advance and any help/advice/feedback is much appreciated! I'm looking to get a mortgage by the end of the year so I can get my son into the school I/he wants. Many thanks.
  18. Hi all I've received my first solicitors letter from Mortimer Clarke re an alleged debt with Cabot which according to them originally links back to Sainsbury's bank. I'm not the best with finances. I'm off work on ESA with Bipolar/Depression/Anxiety since 1996. Most of my mail gets thrown away unopened. I know this is bad. I've checked my equifax credit report and it shows a default with Cabot credit management group on 15/03/13. There is nothing on my equifax or noddle credit file mentioning Sainsbury’s at all. Any contact re sainsbury’s financial products I’ve had in the past would have been well over 6 years ago. The last contact I had with them was around 2009. Yes I may have received letters but never acknowledged or replied. Neither have I been on the phone to them. I’ve been given until 16/05/17 to respond to mortimer clarke solicitors who have been ‘instructed to issue a claim’ by cabot. I’m not sure if the debt exists and if it did, whether it is statute barred. What should I do? Many thanks
  19. Hi All Tesco Credit Card taken out in 2004 and got into difficulties 2007/08 Been gradually repaying debt since then Last 4 years been paying £50/month Current balance circa £2,500 Went through I&E with Tesco in January and agreed £50/month for next 12 months Tesco letter and Intrum letter came together in one envelope from Intrum last week Per Noddle, Intrum have done a search Tesco letter says: "If you have an active repayment plan in place, and your circumstances haven't changed, you can continue to pay off your balance as you are now, but paying Intrum UK Finance Limited instead of us. You will need to take action and update you payment details to redirect your payments to Intrum UK Finance Limited." Intrum letter says: "We understand that you've already agreed a repayment plan with Tesco Personal Finance Plc. We want you to continue this agreement with us so we ask you contact us in the next 30 days to make arrangements to do this. If it's affordable we're happy to accept the same arrangement you had with Tesco Personal Finance Plc." What propose doing is pay £50/month to Intrum for next 4 years until debt is paid off. What I don't propose doing is communicate with Intrum. Question - can Intrum force me to go through I&E or any other form of communication with them? I'd appreciate any advice on how I should proceed.
  20. Just started my PPI claim against Natwest credit card, just sent of my SAR and £10 PO card was taken out april 99 How do I work how much I could be owed is it the PPI plus the culmintive interest of the card on that PPI over the years Plus the 8% interest
  21. Hi Has anybody heard of Alev Uk secured credit ltd. Can’t find a great deal about them. It’s regarding a shortfall on the mortgage after a repossession. Never had a mortgage with them, I’m presume they have bought an old debt. We have never had contact with the lender since repossession 10 years ago! Any help would be appreciated.
  22. Hello! Cannot believe I've only just found this website! I realise there's many threads but none quite about my stage... My debt is a $12k Aus Credit Card from last year. They emailed and I ignored then they called my work relentlessly until I was taken into a HR meeting about it. They also called two people from my Instagram (one I didn't even know personally). I've since privatised all my social media. I emailed them a massive complaint detailing every ACCC breach and gave them my email and number. They replied to my complaint last week addressing only the point about pretending to be someone else saying that they never. No other points addressed. Then I received a call stating I need to pay, it's not going away etc. I told them I was at the brink of losing my job and I simply can't afford to pay it all ($12k) because I'm a student working part time. They've then emailed me an income and expenditure form and requested my HR letters and 3 months bank statements. They are going to call next week to catch up. I'm going to ASIC about my complaint not being addressed properly but I'm not sure what to do in the meantime about the agent calling me next week wanting all my info? I realise now from reading this I shouldn't acknowledge it but i simply had to due to work. I have no idea what I can/should do??
  23. Good afternoon, In a nut shell. Opened a BC CC in Mar 2003. Missed a few payments which meant that i incurred Over Credit limit charges. Over the course of the next 14 years, it escalated. Despite missing payments and over credit limit charges, BC doubled my credit limit on 3 occasions, June 2009, March 2011 and March 2014. Leading to more financial trouble for myself which was impossible to get away from at the time. Finally got back on track in 2018 and managed to clear the balance, but still incurring interest and some charges. Prior to each limit increase, my record with them was nothing short of abysmal, missed payments, over credit limit, when i did pay i was rarely over the miniumum payment. 38 missed payments and 48 over credit limit from 2009. My question is, do i have a claim against BC for irresponsible lending? Regards G
  24. Is there any advice anyone can offer on Pension credit. My sisters situation is she has been advised to apply for pension credit and a little help with her mortgage. The problem is she is a "mortgage prisoner" and cannot afford to sell her house, it needs a lot of repairs, and cannot get a cheaper deal. She has been working until recently, she is age 69, but if she did receive pension credit it would not cover all of her mortgage, even with the amount she would receive from the Government. Her son is helping her at the moment and will carry on doing so until she can eventually sell the house, then she plans to repay him the loan. My question is would they allow her to do this or would any money, lent to her by her son be counted as income. If you are not able to advise could you tell me where I could find this out for her. Thank you.
  25. Hello, I have three defaults on my credit report. Do they ever expire? I keep paying £1.00 to my creditors every month but since my credit score is bad and defaults are shown to lenders I have no hope to get work or start a business. Is there any hope to get those defaults moved from my credit report? All the debts are more than six years old.
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