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Found 34 results

  1. Please help, I'm not sure how to handle this claim and don't want to get it wrong! Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 30th Aug 2016 Date to submit defence = - by 4pm Friday 30/9/2016 What is the claim for – 1.The claim is for the sum of £13718 in the respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxx-xxxxxxxx. The debt was legally assigned from Santander UK PLC to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. 3.The Claimant Claims: 1. The sum of £13718 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 13/8/16 to the date hereof 12 days is the sum of £36.08 3. Daily interest at the rate of £3.01 4. Costs What is the value of the claim? £13718 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? cahoot Flexible Loan When did you enter into the original agreement before or after 2007? 20/05/2002 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. HPH2 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? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Had a Debt Managemant Plan set up with Payplan from February 2010 of which Santander had agreed to being paid £66.27 per month However, they refused repeatedly to freeze the interest unlike the other creditors in the DMP. This was adding around £200 per month in interest in January 2011 I stopped paying the DMP as it seemed pointless as it would never reduce the debt. The original debt was £10804 at the start of the DMP but 11 months later was £13718 due to them being completely unreasonable. What was the date of your last payment? December 2010 Was there a dispute with the original creditor that remains unresolved? Only with regards the interest whilst in a debt management plan Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, as described above. Payplan had requested all creditors freeze interest and all agreed except Santander. Many Thanks. Brief background: In early 2010 after trying to keep a failing business going I was left with various credit card and a flexible loan debts and the combined monthly repayments became unbearable. I entered into a debt management plan through Payplan paying £324 per month to 6 creditors. By January 2011 the business could no longer trade as I lost my premises and then a few months later lost the house. I considered bankruptcy for the first few years but could never manage to raise the fee (about £750 at the time), then as time passed and I lived in various places the letters became sporadic and it was easier to ignore the few that came. I've had plenty threatening court action from all the usual DCA's and nothing happened until now. I was looking forward to another 4 months hoping it would be statute barred but Hoist have other ideas! I've tried to get an idea by reading all the forums but was wondering if I can do a CCA request for a flexible loan? Also, when checking the FCA register the DCA's licenses don't seem to be active - is this relevant and can it be used? FCA license for Howard Cohen (Cohen Cramer Ltd) Current Status: Lapsed , Permissions Inactive 31/10/2015 FCA license for Hoist Portfolio Holding 2 Ltd Current Status: Cancelled , Permissions Inactive 30/09/2015 I have registered with MCOL and done the acknowledgement on the 8th Sept 2016 and stated I wish to defend the whole claim, problem is I don't know the best way to do it. Any help would be greatly appreciated. Forgot to add, the solicitor on the claim form is Howard Cohen & Co, Leeds
  2. Hi all, i have recently started receiving letters through the post from a company called CCS Collect claiming that I owe money to them on behalf of The Department of Work and Pension for £97.50. Thing is, I have no idea what this is for. The letters gives no explanation, they only abruptly demand that i pay it or face legal action. Quick search shows that the department of Work and Pension is government related. I pay all my taxes, National Insurance etc through PAYE and have no other dealings with the HMRC. The only thing i can think of is that i was on Job Seekers Allowance when i first came out of university 8 years ago and when i found work the gov. continued paying me it for a short while. i phoned them about it (telling them to stop!) and they advised me that the over payment would just be deducted from next time i stop work and start claiming again - which i never have. But i can't even remember if the over payment equates to the same amount. Questions: 1. should i contact CCS Collect at all? the most recent letter has given a settlement due date and has said i will otherwise be taken to court (and face additional legal fees). however if i contact them am i acknowledging receipt? 2. Is there anyway i can find out what this debt is without contacting them? 3. Is a debt 8 years old (if it is related to the Job Seekers Allowance) even enforceable? 4. Does anyone know if i have any legal grounds on which i can avoid paying? I'm an honest, law abiding citizen so i am very begrudged to hand over money to these cowboys. Any thoughts and comments appreciated.
  3. Would be grateful for advice..... I ran up a c/c debt of around 9,700 from a card that I had originally on a 0% agreement (this was a balance transfer from another card). The plan was to transfer this again when the interest kicked in. Unfortunately when this time came I could not get another card to transfer the balance (this was on affordability as my credit rating was excellent at this time). I was making the minimum payments on this, however b/card kept increasing the interest until I could no longer afford this. I did contact b/card to advise of difficulty and an offer of £50.00. They weren't interested and advise me to pay the minimum amount so I would not fall into arrears. I then stupidly buried my head in the sand and stopped paying, it just felt like I could never repay this as for each £200.00 I paid most went back on in interest. It's eventually ended up with Link financial who I have ignored. I got a letter on 12th December 2014 this was a 'letter of action' asking me to pay £10,789.24 in 14 days. On 15th January I have received a claimform from IDR for £11704.25 (this is the balance owed with 8% interest) plus £410.00 court fees. I don't have a defence for the debt, I do claim responsibility, however I am currently trying to get a lump sum together from friends/family to try and settle this. I am worried about the effects of a CCJ on my employment, although there is nothing in my contract to back this up I work under the 'financial' area of the business and own a company c/c. I want to contact IDR to see if I can avoid this route and to get some time to try borrow money but do not want to do this via phone, I can't find an email contact for them and do not have much time to send anything via post. I know I have brought this on myself by not facing the facts sooner, but is there anything I can do to delay/stop/change proceedings? I know I owe the money so don't want to dispute that, I suppose I want to try resolve this without court action - something I know I should have done a while ago! I have spoken to stepchange who have done me a financial statement saying I have £70.00 surplus as an offer to them should I end up accepting the CCJ . Don't know what to do now. Thanks in advance
  4. Hi, This may be an odd question but here goes. I have a CCJ instalment order which I pay £40 monthly, and they also got security on my property for 9k when Restons took me to court for unsecured credit card which I did try and fight but they got security and an instalment order. Now I am at a bit of a crossroads as I dont live in the house, it was rented and I was going to sell and may have a potential buyer. I am now thinking of moving back in the house as the equity may not be enough to repay my other debts and would want to come out debt free, however if I sold but would be about 2k short. So my question is if I rang up the lovely Restons and said I will sell the house if you pay me back 2k otherwise I will move back in and pay my £40 til eternity what reaction do you think I would get (I am a single parent so unlikely they could force sale if I moved back in the house) Is there any negotiation after security granted? If anyone could offer advice it would be appreciated.
  5. Hi My partner was offered a place on a degree course as a mature student and made an application to the Student Loan Company. In spite of making the application long in advance, they lost his information asked for him to resend the info. He made a number of calls to enquire about how it was progressing and they made a number of excuses from not being able to find paperwork to a backlog of work slowing applications down. As a result my partner started on his course and was there around five weeks when he received a letter from the SLC saying he was not entitled to anything as he had received financing twenty years earlier. As a result he had to withdraw from the course and the university is doggedly chasing him for fees. He is unable to pay anything as he receives no income whatsoever as I am supporting us both on my part time earnings while he looks for work. He is not eligable for JSA. This has been explained to the University and although they are sympathetic they are still pushing for payment. Surely the fault lies with the SLC losing the paperwork and the time they took processing. Where does he stand legally as he has no assetts whatsoever. Any advice would be appreciated
  6. Hello, A couple of months ago I came to the realisation that I need to get my finances in order. I would like to take out a mortgage within the next couple of years. I got my reports and found out I had 1 defaulted account for £429. It defaulted Sept 2009. I have 13 accounts: 5 from Wonga over last 12 months which are all settled and no late payments. Mobile phone and bank ones from 2008/9 settled A couple of ones for current insurance and mobile provider all fine 1 DEFAULT £429 1 with a missed payment from RBOS for overdue overdraft (£1399) 2 from current accounts which are activey in use. £3000 and £300 1 late pay I saw this and decided to do everything I could to sort it. I have paid the default off in full and have asked for a Notice of Crooection to be added to my report. I have set up direct debit payments with debt collection agent for RBOS. I have also got myself on the electoral role as of 1st Feb. My report says my outstanding debt is £5008. I am very lucky to be in a situation to have now got a good job and am looking to have every penny paid off within 18 months. I aim to close all overdrafts and the extra current account I don't use. When will my report get better do you know? I'm worried it's going to stay this way for ages and I won't get a mortgage. I'm doing everything I think I can but is there anything else you think I should do to improve things quicker? Thank you.
  7. I am repaying a debt through 'past due credit solutions' (Original company owed 'British Gas') I have paid every month although a couple of times I have been a day or 2 late in making payment (ie: if payment date has fell on a Sunday so paid Monday) My payment was due on 29/10/12 but was working and completely lost track of date so I rang on 31/10/12 to make my usual £30 payment. I was told i would need to go through an income and expenditure so proceeded to do this. after listing everything i could off the top of my head (along with trying to keep 3 children quiet) I was told that my disposable income was too great to continue paying £30 and I would have to finish the account in 2 payments of around £94. I would just need to add at this point that this company do not take into account some things that need to be paid out like personal bills and what they consider to be ''non-essential'' items (even if it is genuine payments). I couldn't understand the figure as it seemed way too high and I knew I did not have the amount left over ''to play with'' that they thought I had. Oh they also don't consider clothing children as essential!! Needless to say this call ended in frustration with no payment being made as my £30 payment would not be accepted. After terminating the call I decided to dig out some paperwork to try and see what I was missing as I knew I didn't have any income left over at the end of the month. I found some wage slips and realised I had over estimated my wages from employment a nd had missed off my mortgage payment (I rent a larger property to accomadate my children and pay a mortgage on a smaller property that my sister resides in), my sons nursery fess had also been overlooked. When I rang back and explained this oversight I was advised that my payment plan could be reinstated if I called the following day once it was the start of a new calendar month. I rang the following day and was told by a manager that she had over ruled the previous colleagues decision and demanded that I make the payment of around £94. As you can appreciate that sum is 3 times the amount I had been expecting to pay and simply did not have access to this amount. I literally have about 5 payments left to clear this debt and really want to do so but am unable to do it at the amount they are requesting all because I rang 2 days late to pay. Can someone please help as I am getting nowhere with this company (the manager I spoke to was very judgmental, patronizing and unwilling to listen or accept my payment) and I really do not want extra costs adding as I am so close to being free of this debt!
  8. So I'm new to this to please bare with me. I have debts obviously, I lost my job and had to sign on and became in debt. I now have debt companies writing to me but I'm not sure how to go about contacting them because in the past I have been spoken to rather rudely and its just totally put me off wanting to deal with them (bad on my behalf I know). Does anyone know how I can write a letter asking to see the original credit agreement to make sure its signed and all above board? Also what do I do if the agreements aren't signed? Really not sure about what I'm meant to do, so if anyone could lend me a hand and post a little information then that would be fantastic. Sorry if this is in the wrong section and sorry if its a stupid question/thread lol. Thanks
  9. Due to a hit and run accident some years ago I have been plagued by ill health. I finally got to a point where I could no longer work. Now Atos in their infinite wisdom have deemed me fit for work no matter what the hospital and my doctors say. I now do not recieve any benefits at all. My wife is retired and on DLA and claims pension credit for me. My debt is with Capital One £2,500 Premier Man I have now agreed to pay of 17.00 a month, aam now going through the rigmaroll of starting another dialogue with Capital. I did have a payment plan in place but was paying £100 a month £35 of that was taken by the company that did the payment plan. Now due to increases in rent, other bills including food and so on our money is no longer enough to live on never mind pay everything that needs to be paid. Any help and advice would be appreciated.
  10. Hi First time I have posted on this site so sure if this is the right place to post... but need some advice. I've just found out that my mother has been paying x2 DCA for approx 4 years. The debts are both are about 8-10 years old but she is still paying approx £40 a month to them. One via cheque every month and one by direct debit. After speaking to her, she is unsure if one of the debts belong to her. I was living aboard at the time and she just got scared by the letters and phonecalls she was receiving. I'd like to help her find out exactly what she owes and put a stop to it all. So, the question I have is, what should my first step be? Should I send out a CCA letter to both debt agencies and ask my mum to stop paying ASAP until we can determine what we/if we owe them etc? What is the difference between a CCA and a SAR - i.e. should I send an SAR instead? The debts ( I think) were orginally with RBS and consists of a credit card and loan as an FYI Thanks in advance for any help on this.
  11. Hello All I have £4500 in PDL debt with many different companies and it is completely my own fault (it is much more than my monthly salary). I have been reading these threads for the past couple of weeks and it has provided me with piece of mind and conviction to stop this cycle of craziness. I have not yet defaulted or missed a payment on any of the PDLs or any other debt I have. The PDL debt is with companies that I have two years of history and successful repayment with, it has not always been revolving credit. When I look at my budget I have £500 spare per month after paying personal loans, rent, CC etc, so equates to 9 months to payback the existing PDL loans. I know I have no access to any other credit facility or extension of credit as all of those options are previously exhausted. Due to the share scale of my issue, should I try to deal with this myself or am I better off going through a free debt management service ? I do not want to touch or cause any issues with my prime debt so I do not want that considered. Thanks for your considered replies.
  12. Hi guys, I hope someone can read my story and help me out a bit with this A couple months ago I sold my computer on eBay to someone with a good, trusty account with great feedback. He paid using PayPal (at which point I transferred the money to my bank account) and he collected the PC later that day. Right after he leaves my house, I get an email from PayPal saying the transaction had been reversed because of suspicious activity. The guy was gone. Later that day I found that my PP account had been limited and I was on negative -£1500 (the price of the computer). When I called PayPal that day, they advised I should contact the police, which I did (and got a crime reference #), but that I now owned the money to them. Oh, and the 'real' ebay member messaged me saying his account had been hacked. A few days later PP started calling me but never picked up the phone myself so they never spoke with me. I also received emails from them asking me to put money on my account, I never replied. A month later I received a letter from EOS saying I had to pay the same amount. Yesterday they called me asking me to confirm my identity bla blah, to which I only confirmed my first name. They said I would receive another letter soon, or so I understood, though I hung up while the guy was still talking. I have read these forums for a LONG time and have almost decided to send EOS a letter I found on another thread. I genuinely feel I do not owe money to anyone, obviously, as I have always acted on good will. Even though I understand that they are not a bank, I'm a bit scared that they will eventually get damage my credit score. Can this happen? Can they actually prove the debt? Should I send them a letter or just ignore them? Thank you so much for reading this!! I appreciate any advice you have on this. micguy.
  13. Hi all, Excuse me asking a very similar question to ones posed in other topics (I have trawled through all the relevant ones I could find), but I was wondering if anyone could offer me advice specific to my particular predicament. Basically, I had a small outstanding bill from a contract phone with Carphone Warehouse I had in 2003-2004 which came to a whopping £2 in total from my last payment. I was unaware i owed any money whatsoever as i received no contact telling me otherwise until 2005 when at another address. By this point I was working full time and took the threatening letters I suddenly received at face value so just paid what they asked for upfront (this was a debt collection agency asking for £250). Having settled on paying half the amount (I was not happy at £2 turning into £250) with the DRA I was told in no uncertain terms that the account was closed and assumed that was the end of that. Roll on last week (3rd May 2012) and out of the blue I get a call from the same DRA from 2005 claiming I owed £250 to Carphone Warehouse. I replied stating that any supposed debt was Statute Barred but have since received an email saying i made a payment in Feb' 2007 thus making this untrue, and they will get back to me with a "structure of the debt" from Carphone Warehouse. Although my memory is pretty hazy at the best of times, i am 99% sure the last and ONLY payment made was the one made in June 2005, and I have witnesses to this. Unfortunately due to me having moved about a lot in the intervening years and the bank account I had with barclays that I used to pay them with in 2005 now being closed I do not have much evidence close to hand to back up my denial of debt. I have no issue paying money I owe, but do not want to be paying CW twice at massively OTT inflation for a £2 debt. I do have some documentation stored from the period but I cannot get to it till next week at the earliest as it is across the country. I am also finding it difficult getting a straight answer from Barclays about accessing old account information so far. Any point of contact for them anyone can suggest would be greatly appreciated also as I seem to get sent round the houses! Any advice would be most welcome. I know I have left myself in a hole here with no records readily available to prove anything I have said and should probably not have answered the phone to them in the first place identifying myself, but an idea of how to proceed would be great! Thanks in advance
  14. I have been having some trouble with a past debt from 3 mobile, I have looked through lots of threads to find out what to do, however most of the advice has gone over my head. The original debt was with 3 mobile 5/6 years ago for a cancelled contract and was sorted with Moorcroft (who I believe are 3's in-house comapny?) This was paid off however some time later I was contacted by red/lowell saying I owed a greater amount of money and they wanted paying. I refused to accept that owed anything, asked them to prove it (which they didn't) and proceeded to ignore the ensuing bombardment of calls and texts. This has gone on for a while, with them at some point finding out my address and then beginning to send lovely letters as well. On the incredibly rare occassions I have decided to speak to them I have asked for proof of the debt which I haven't received and have continued to ignore them. Recently Hamptons came on to the scene and then 10 days ago I received a letter regarding them persuaing a CCj. Whether wisely or not, I emailed them today continuing to deny acceptance of the debt and to ask for proof of both the supposed debt and the supposed charges. The original debt I was believe was for around £80 (paid off) and the current sum is in the region of £370. I was hoping that someone may be able to provide some idiot proof advice (and I mean idiot-proof) to me regarding this matter. Sorry for the long post but thought it best to give as much information as possible. Cheers, Josh
  15. Hi I really need some help on where I stand.... Around the 18th of march I received a trace letter in my maiden name ( I've been married for 10months)from Lowell/Rockwell, after reading these forums I decided to bin it as, as far as I am aware, the only debt I have I am paying off. yesterday 2nd April i received a letter from rockwell saying i owe their client Arrow Global £199.04 and i have 10 days from the date of the letter 28th March to pay in full or call them to provide a full income/outgoing expenditure list if i want to pay in instalments. As the letter took 4/5 days to get to me I now have 4days.... I dont want to call them because I dont want them to have my number. The letter does not say who or what this debt is for apart from the debt collection agency Arrow Global, who I have never heard of!! What should my next step be? Ignore it, or send some kind of letter?? Please help!! At this stage I dont want to tell my husband as i dont want to worry him unnecessarily. I feel sick every time i think about it ...I've read about their bad reputation for harassment! Any help would be greatly appreciated, Thanks.
  16. Hi Guys, Brand new to this site, but it has already helped me so much. It iscurrently 6am, I've not slept. Too stressed, worried and sick. I've been stuckit payday loan debt for ages and barely staying sane or knowing how to dealwith it. It has been going on for years and getting progressively worse. Feltstuck, helpless, ashamed and constantly anxious. Its got to a point now where I just cant take anymore. I feel a completefailure for even getting involved with these loans, but it seemed to be onething coming up after another. Then having to afford the interest charges....so another loan would be needed. So I spent around 2 years in self pity andworry. It was my fault for getting myself into this mess, so I felt I wouldhave to suffer and figure a way out myself.... just buried my head. I came across this website the other day, and I can not express my gratitudeand appreciation for all the advice. If I could just outlay my debts and what Ihave done, please could people let me know if I have done the right thing?? I came across this website the other day, and I can not express my gratitude and appreciation for all the advice. If I could just outlay my debts and what I have done, please could people let me know if I have done the right thing?? (F) Credit Debts Balance Offer (monthly) Note (4) Quick Quid £848.75 £38.67 Wonga £872.38 £39.75 Pounds Till Pay Day £565.00 £25.75 Wage Day Advance £600.00 £27.34 Text Loan £350.00 £15.95 Cash Genie £325.00 £14.81 Lending Stream £286.00 £13.03 Capital One £656.00 £29.89 Vanuish Visa £480.00 £21.87 HSBC Overdraft £1,052.00 £47.94 Total owed (F) £6,035.13 £275 First thing I have done is set up a new Bank Account yeserday. I've cancelled all Direct Debits I've reported my Debit Card stolen I'm taking my money out of the account then transferring it. I have now sent a Letter from the library on this site to each paydaycompany offering the amounts shown above and my income and expenditure. So Ihave asked for a payment plan. I assume that they will say no as the amountsare so small. Is there anything else I should be doing now? Thanks
  17. Hi. I have sent a cheque (from a friends cheque book not from myself) as an offer of full and final settlement, the company has sent the cheque to a debt agency which now say they are now Administrating" the debt, but that is a side issue, the issue is that in the letter that I sent to them (with the cheque) when I made the offer, I stated very cleary that they do not have permission to bank the cheque unless it is in acceptance of the full and final offer. They have banked the cheque, and sent me a letter demanding payment of the rest of the debt otherwise further action will be taken. Please can someone advise on the leagality of the situation. Thanks nohappybunny.
  18. Hi folks...this is my first time posting anything of this kind of nature so I hope I don't say wrong things or cause concern where it's not really warranted. This is my situation, and I am not positively fed up to the back teeth of it. I'd not had any kind of problem such as this with any other energy providers so I am at a loss on how best to deal with this situation hence seeking guidance here. I started renting my current property back in March 12th of last year. I was informed by my first bill that my energy was being provided by Spark Energy. For one month's electricity - as that is the only energy I get in my flat - they wanted me to fork out £245. I immediately took issue with this, as I have never known ANY provider charge that much for a month's rent on a one bedroom flat. And I've lived in plenty of 'em to know. I contested the bill with Spark who were none too keen to negotiate or rectify the situation at the time, and decide to call their heavy mob, Buchanan Clark and Wells. I immediately once again, get in touch with Spark Energy and attempt to sort the debt out through them, having told BCW I'm dealing with Spark Energy and not them - I did feel inclined to say that I'd read numerous reports of their shenanigans but decided against it. So the payment plan agreed (not inexpensive, but I still have problems with the bill being that high), I proceed to act accordingly in a manner of someone trying to pay off a debt. Then one day I decide I need to phone Spark Energy to tell them that one payment (actually it would have been the second payment in the plan) was going to be late, and the delightful person on the other end of the phone actually said "hold on your bill looks really wrong". To that end, I thought "maybe there's a bit of light at the end of the tunnel". We chat and it's decided the plan need not be bothered with, they'll talk to my current providers to find out what the readings were before the supply started and what they were when the supply they themselves provided ended. This was said to have supposed to have taken four weeks. I heard nothing. Not by phone, nor by letter, nor by e-mail. Last week I get a letter from BCW threatening legal action (the first week of Feb.), so I send Spark Energy an e-mail "saying what the heck is going on?" They refuse to call me, want to deal with me by e-mail (which isn't happening, I'm going to insist on letters through the mail), and they say the letter from BCW was sent to me because there was no record of any activity regarding any change to my "read dispute". I am now still stuck with a bill above £200, and on the very day I receive the e-mail from Spark in response to mine, I get yet another letter from BCW, this time threatening a debt officer visit. I have been to hospital twice in the last two months, I am not at best a very calm person, but the letter I received from BCW in the first week of February was certainly enough to cause me considerable grief. I ended up going to hospital on the same day as I received it. Do I lodge formal complaints (and with who?) and/or can I sue either/both Spark/BCW and under what relevant Acts and how do I go about it, having never been involved in legal proceedings of any nature before? Any help whatsoever would be really useful and I would definitely appreciate it.
  19. Hi, had an email from these, I origionally owed them money, couldn't afford to pay it back so went on to pay them back £20 for 2months, went on the sick paid them £5 for 3 months, went to the CCCS and then started paying all my debtors £1 per month from end of November 2010. Now I have had an email demanding to see bank statements, to back up the CCCS income and expenditure form, also they have informed me they are putting on £36 set up fee. From sorting out mine and my partners debts and paying them all the required token fees of £1 per month I keep a written record of the origional amount of debt from when I started paying. Plus its always paid through standing order so there is evidence at the bank this is being paid. I told him as far as I knew that only government agencies and such like were allowed to ask to see your bank statements, also informed him that as it was my partners bank account that I would have to have his permission and he refused to give me that. The man emailing me from WDA has told me that even though I have provided the income and expenditure that without seeing my bank statements then a repayment plan will not be set up. Oh and to add salt into the wound I think they have been adding £36 each time they have set up the repayment plan. Are they allowed to do this???? Thanks MB xx
  20. A friend of mine approached me today with a concern. We're meant to be booking a holiday away in August. Anyway, years ago he took out a loan and got into money trouble which left him in a awkward situation, he wanted to pay but couldn't. Instead of facing the debt he moved house a few times over a period of times and changed his number. He's worried now that, because obviously the bank had copies of his photo id previous years ago, that his passport maybe flagged up at passport control and he'd get pulled to one side. I said this was unlikely but I don't really know too much about these situations. He hasn't heard from the bank in at least 4 years he thinks. I said they'd probably write it off. What extent do they use the copy of your passport to? Is it purely ID or something more cynical? I said I'd try and find out for him so any advice would be great. By the way this is my first thread, so if I've put it in the wrong place let me know. Thank you for you time
  21. Hi Guys, I have been having trouble with littlewoods for quite some time I have sent numerous letter requesting my CCA and keep getting blank ones back, the whole reason I wanted my details was because I had late charges that I wanted to request were refunded although as I did not get the information that I requested I could not do so. To cut a long story short I sent them this letter: Re: my request under the Consumer Credit Act 1974 Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until _______ to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any intereston the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies. If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. I look forward to your reply. To which I received no reply I also checked my credit file today and the default is still marked on my file! Please help Thanks in advance xxx
  22. Hey guys, As some of you know I have been having problems with shop direct for some time, I have sent them a CCA which they replied with by telling my how many payments have been made on the account and a blank agreement. I then sent another request and they sent the same thing so I decided to sent another letter which looked like this ACCOUNT IN DISPUTE Dear Sir/Madam Thankyou for your letter of ______, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account on two separate occasions. On 02/09/10 Imade a second formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with my request, and as such the account entered default on ______. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation. This limit has expired. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collectionwhich state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows – 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counter claim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed Breakdownof your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. *You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully I later received a letter back stating: We will not be pursuing the above account for the outstanding balance. However, as the debt remains unsatisfied, this will be noted on our internal file for future reference.This information will also form part of your records at the Credit Reference Agencies where we share information. This information will remain on your credit reference file for 6 yeards and may affect your future ability to obtain credit with other companies. To avoid this detriment to you credit file, please contact us to make a payment. Now this has angered me as it is quite clear they dont have the agreement and in my last letter it was stated that they should not put any marks on my Credit report yet they insist on doing so. I am not sure what to do next as I dont want my credit file to be damaged please help me. Please please pplease help me can i not stop them from marking my file even though they dont have a signed agreement I would like to add that I want to pay this bill but I refuse to do so with the all the late charges applied and the defualt on my credit file, yet I cannot come to any agreement with them if they will not send me my late charges. Thanks in advance xxx
  23. Hello all. As this is my first post i'm trying to keep this as legible as possible, bear with me. For the past three months I have had several DCA's on my back for debts (some are legitimate some are not) and it has reached the point where some are threatening action/home visits and such and frankly phoning my parent's home more than half a dozen times a day. Most of these debts are relatively minor (the biggest is £133) so obviously i would prefer not to blot my future credit due to bad circumstances at the moment. My uncle died a few months ago on my 23rd birthday and as i was very close to him i have been suffering from fairly severe depression (which i suffer from anyway) - i ended up quitting uni and have not been working since. Here's the rub, i am also not claiming any benefits of any kind as i would feel wrong doing so. I have been living at home with my parents living on very basic food, not going out, having no money to buy anything etc. I am just concerned that due to the way things are at the moment i may end up in some kind of trouble that will haunt me in years to come. Any advice on how to deal with these people? Companies involved: Credit Solutions (Who to be fair to them have been reasonably fair and polite for the most part) Scott and Co. - Harassing, rude and sometimes seem to be attempting to scare-monger. Rossendales - Heard about these guys, chasing me up for a TINY bill (£15) harassing, cold calls, threats and rudeness. Also i have been on to citizens advice but the help they can offer me as things are at the moment is very limited. Thanks in advance Farissa/Elliot
  24. Hi, I am looking for some help, i share a private furnished flat with my brother and we haven't paid the council tax, we are in Glasgow, we thought we were up to date and then haven't paid for sometime, we had received demands for amounts we had thought we paid, this may not be the case, we are waiting on bank statements to confirm what we paid, so we can look at the true balance due. The letter I have received today (charge for payment / summary warrant which includes sheriff officer fee's) is requesting the full balance for 2010/2011 - 2011/2012, this totals to around £4387.15, ( this includes a 10% fee) they have stated in the letter we have 14 days or they may take us to court, which could result in taking of assets, arrestment of wages etc. I cannot afford this sum of money to be paid directly in such a short space of time, I have a few questions... What are classed as assets? What can't they take? How much can they take from wages? Do they have to accept a payment plan? Do we have to pay the 10%? Do we have to pay the sheriff officer fee's? I have suggested to them that we pay a one off payment of £1000 then £200 per month, they said they want - £1000 upfront then £484 per month, I do not earn that much and it would cripple me, i already have other bills which have to be paid on a monthly basis. Someone's help would be much appreciated. Thanks, Grant
  25. Hello. I took out a wonga loan of £100 in December time for late unexpected expenses which due to circumstances has been rolled over a few times and is now £204. I know this is my fault. But I suppose it happens. I got an e-mail off them this morning notifying me of failed collection, that I must pay full amount today or roll it over. If I don't they will incur a charge for failed collection. I cannot afford to do either. I have 4 bank accounts, so whatever they try to take won't come out but they will still charge and I can imagine my bank will still charge! My money situation is terrible at the moment. I had to leave my regiment of the armed forces due to an injury and the only thing I could do in the mean time was to work for myself or through various mates in the same industry which is fine although currently I'm having big trouble with an invoice. I intent to return to my unit later this month but this Wonga company has got me tearing my hair out and I can't keep focused. Either way they won't be getting paid today as I can't afford it and my partners having an operation and I'm going for when she wakes up. They only have my mobile number (which isn't working) and my work phone, which will be off. I'm just looking for immediate advice. Thank you much B
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