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Found 12 results

  1. I have previously posted on the PPI board but am posting here to see if I can get any more specific details about PPI in relation to a Scottish Trustdeed. I took out a loan with Egg in 2002 and paid it up normally for about 4 years then entered a trustdeed from 2006 - 2009. I was fully discharged as was my trustee. I also know that my trustee has no interest in reopening my trustdeed in order to recaputure any ppi payments. I made a PPI Complaint and Egg have admitted it was mis-sold and have offered my a payment. However they have made a number of deductions from that sum. One is Tax which is fair enough, another is "Less a previous rebate" of £2365 which I never recieved from them and finally they deduct £1850 as a "Final Loan Adjustment" which has been sent to a DCA called Arrow which bought my account in 2011 after my trustdeed was completed. As far as I am aware the only one who has any potential claim on any PPI payment I might recieve is my old Trustdeed Trustee. If he has no interest then all payment should come to me. I can see from the information that I recieved from Canada Sq as a result of a SAR that they spoke to my trustee who said he had no interest in my PPI payout. I will write to Canada Square to challenge them on this but can anyone give me any input on what the legality of this might be especially given that this is a Scottish Trustdeed rather than an IVA? I have tried to seek advice on the legality of this and while most agnecies I have spoke to say they don't think that the bank can do this none really has any experiance of this type of issue. Has anyone else had a similer issue with PPI and a trustdeed with money being sent to a debt collection agency?
  2. Same old story I'm afraid..... We had a loan via GE Money/Home lending for £5500 and had only managed to make a few payments on the account when i lost my job. We spoke to GE and advised them of the situation, that the problems were only temporary and that we would make arrangements for the arrears to be cleared as soon as possible. The call taker insisted we make a payment arrangement but as we were living off thin air I was unable to do this. I offered £5 a month token payment which was refused and advised i couldnt do anymore at the present time. The debt was subsequently sold to Link Financial and shortly after recieving a letter from them we received a very rude call from someone at link who advised me "We own the debt, you owe us £6600 (or thereabouts) can you make full payment now?" I advised that I didnt have £6600 knocking about and that we would be able to make a payment offer but was just advised "we'll be sending you court forms" and the call was ended by them. Duly the court forms arrived and unfortunately due to fighting repossession we did not attend the hearing. CCJ granted and now they are going for charging order THIS FRIDAY 12th (in a court 60 miles from our nearest court!) . How can i avoid a charging order? Postpone the hearing?? It is in our mortgage terms that if someone applies for second charge they can cancel the mortgage/sell our house!!! I have just started a new job and could not get the time off to attend. Any payment would have to be small due to arrears on water/elec/gas etc and we do not currently have the money to pay court fees to have set aside???
  3. Hi guys I was made bankrupt in October 2008 and was subsequently discharged 12 months later. In February I received a court claim from a personal debt that I forgot to include in the BO. I filed all the defence forms and the Judge ordered that I provide proof of my bankruptcy so they could consider the claim being struck out. I filed a copy of my credit report (showing date of BO and ref number), a letter from HMRC that was stating due to my BR my UTR was closed etc, a letter showing the release of interest from the OR in my property. I was unable to provide any more proof as none were still in my possession due to the time since the order. I have since received a N24 SO for settlement. The opening lines state that the Judge has stayed until a later date pending receipt of further information concerning the BO... I have a couple of questions if that is OK 1) What other proof can I file and where would I get such old docs from? 2) My BO was stated in the LG 3) The claimant reckons they knew nothing about the BR but it is my understanding that point 2 could make that a mute point (?) 4) The debt has been proved to have been incurred over 4 years PRIOR to my BO Any advice would be appreciated, Thanks
  4. Back in 2001 I applied for an Administration order from the court due to debts I had. This was approved by the court and i was instructed to pay £5 a month for the first 12 months when it would be reviewed. 12 months later it was set at £5 per month for a further 3yrs. The total amount was eventually paid including court fees... and the debts totalling some £4000 pounds were discharged. One of these debts was a £2000 loan I was unable to repay due to health and being unable to work from the Alliance & Leicester. Each creditor was notified and had the chance to object to the admin order, none did. Each creditor would have been notified and a portion of the monies paid to the court issued to them as a final payment on the debt and all debts were then discharged. Monday I received a letter from a debt collectors trying to collect just over £2000 on behalf of A&L This would be the first bit of mail I have received regarding this (now discharged) debt in more than 10yrs, and I'm rather ****ed of about it. Rather than contact them and hurl abuse I am wondering what I should to ensure they understand and never contact me again. As the debt was discharged and A&L know this, why are they sending/selling the debt to DC agencies and can I take qction against them for that? Should I simply ignore the DC letters as they have no legal right to be pursuing it at all? As it's been so long since any contact about it, I am wondering if there's any kind of statute about pursuing these things... I have heard that if you acknowledge a debt it's a bad move. So I am not going to acknowledge anything at all. Help would be most grateful on the matter... I finally after years of poor health (which continues), have managed to remain debt free (aside from a small authorised overdraft I dip into occasionally) for at least 4yrs and I would like to continue being debt free for many years to come. Cheers
  5. I was declared bankrupt 10+ years ago and discharged 12 months later. I since applied for ppi which was successful with the Halifax they have sent said amount to the insolvency service. Can anyone tell me if this is correct or can I get the money back off the insolvency people.
  6. Hi and merry Christmas, I've just been discharged from a DRO and sent recorded letters to all the companies included with a copy of my printed IS DRO details. I have one question: What happens now I've been discharged and what will happen on my Credit Report? I know my credit rating will be very poor until 6 years have passed but are the places to whom I owe money obliged to remove and write off the amount owed or do they keep on in the hope that they'll get something? Thanks but I'm fairly new to these.
  7. Morning All A situation's cropped up that I can't quite get to the bottom of. Any advice would be welcome. As a discharged bankrupt I complained about PPI to my creditors. The Accountant in Bankruptcy was fully aware of this and supported it. I reclaimed over £10,000. I've recently had letters from MBNA with further redress. Obviously, as a bankrupt, the money was sent to my Trustee, etc. Some of the refunds (such as those from MBNA) took account of tax on the 8% interest. Others (a big chunk of the debts) did not. They paid gross. I'm now self-employed while I await surgery. I certainly don't earn a fortune. How do the tax arrangements work out for a discharged bankrupt who has never received the redress in the first place? Any help would be good. Thanks
  8. Can someone please advise me on some issues as i am very confused. I was adjudged bankrupt in December 2010 actually to my relief. I was then discharged in December 2011. I have today registered on checkmyfile.com to look at my credit score as i am needing to open a bank account (i do not want credit just simply one to use for day to day payments and bills). Upon checking this i have found that there are a number of accounts that are still on there that were included in my bankruptcy, should they still be there? If not how do i get them removed or have notes added that they were included in the bankruptcy? Also they are all still showing as 'open', surely this should not be the case if they were in the bankruptcy?! Secondly it appears that there has been County Court judgement made in a different court for something also included in the bankruptcy...is it right that they can do this? Can i write to the courts to have this altered? I have not received any notice in writing about it either. So i am not even sure who it is for, how can i find this out?
  9. Was in Court earlier this month, facing a second eviction date. N244 submitted, and the eviction was suspended. I've managed to get the lender to extend the term of the mortgage. It's reduced the CMI by £150 so that is going at the arrears as well now. The arrears were rather small compared to some at £2100, they are now £1800. By Christmas I should have them cleared. Can I then get the suspended order discharged? I don't like the way they can just get an eviction date whenever they feel like it. What if I'm on holiday? Ill? And don't have time to react to it. Also, is it possible to claim back some of the fees on the mortgage? I have read some confliction advice regarding this.
  10. Dear CAG, I filed for Bankruptcy in 2010. I am now a discharged bankrupt and have been for 18 months or so. I recently checked my credit report and I have found that 4 lenders have been marking my report with a default since the date of my bankruptcy. Speaking with the credit agency, they informed me that there now should be no record of these debts as they were part of the bankruptcy in 2010. Interestingly, these 4 lenders are posting monthly defaults for some very insignificant amounts, compared to the likes of Natwest which held my business account. There is no record of this at all. The 4 lenders that are posting monthly defaults are; HSBC credit card & bank, T-Mobile and Lloyds TSB Asset Finance. I have been given advice by the credit reference agency as follows: "The information included in your credit report is provided to us directly by the lenders so it would appear that the records have not been updated correctly at their end. As we are simply custodians of this data we are not able to make amendments directly to the information we hold here – the lender first needs to make the changes at their end. To get them to do this you will need to provide the lender involved with your bankruptcy discharge papers. They will then be able to update your account information. When they have done this your credit report will be updated with the changes the next time that lender provides us with account information. This is generally on a monthly basis so please be aware that it may be a couple of months before you see these changes on your credit report." I now intend to write to the four lenders as per the above advice. could anyone tell me what key information you think I should include in the letters to get them to action and respond? I look forward to reading replies/advice.
  11. I was discharged from bankruptcy 5 years ago. I require a full report from the TIB (trustee in bankruptcy)and would like to know if I have to pay for this and if I have to make an application to the Court if I get no response from the TIB. Do I have the right to know how the TIB managed the bankruptcy estate? ie who got paid who didn't etc etc. The TIB has never contacted me as all my dealings were with the official receiver, he was only appointed 3 days before my discharge and then represented by a creditor's solicitor, which I thought was a conflict of interests. I have a terrible gut feeling that the TIB has only paid out to the same creditor's solicitors, who is actually his own solicitor!!
  12. Hello, I was hoping someone could give me a little insight into something going on with my credit score, and how welcome finance are keeping records of my finances. I was made bankrupt just over a year ago. In fact my bankruptcy discharge was the 11.11.10. I've been keeping a close eye on my credit score and report and watched it steadily rise. The issue is, on my credit file, some accounts are showing settled, some show default (with a date) my welcome finance record is showing late by 6 payments (closer to 36) and updated every month!! Is this right? I'm trying to clear my past, start afresh and learn from my mistakes and I want to make sure this is reflected in my credit score! Any ideas?? Thanks
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