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Found 80 results

  1. Quick question. If you have already had a bad debt (sorry minds gone blank on the word) on your credit file for 5 years on a debit (the 5 years is now over) and the creditor can't find ur CCA agreement and you moved home. Forgot to inform the creditor and a letter from a different creditor (11of them) turns up on your door step. (10 statements and one letter to say I've failed to inform them). Can they issue a CCJ against my file on the same debt? Also do I have to inform them I now do live at this address. They asked me to contact them without further delay to confirm how I propose to lay off my outstanding balance (like that's going to happen)
  2. Hi, I received a letter from Ruthbridge over a DLC debt which has been assigned to them, this is very old although payments were being made to dlc through a dmc in 2011. I received this letter threatening to make me bankrupt! I decided to send a CCA request to them and have just received a reply today returning my postal order. This states 'we write further to your recent correspondence requesting information with regard to our reasons for contacting you. We take note of the points you have raised in your correspondence, however we must advise we are not in a position to reply with your request at this stage as we are required to verify information we have been provided with yourself for the purposes of data protection in compliance with the Data Protection Act 1998. We would appreciate it if you would contact our offices so that we can complete the necessary verification and address and further queries you may have with regards to this matter' Obviously it is a trick to try and get me to call them, but where does this leave me with the CCA request bearing in mind they returned the p order? I should also point out that this debt is no where on my credit file and I think the original agreement must have been way back in about 2004/5, I doubt there is any chance they would have the original agreement. Thanks roadhog
  3. Hi Guys, I have received a few letters from Clarity which started with the usual we are trying to contact someone, which I ignored (why help them?) then came the "you owe us loads of money" letter, which I also ignored because I see why I should ring them or do anything initially. Then came the "we will send round the FieldCall people to discuss the fact that you owe us loads of money" letter. I was not too purturbed because a) I had been chased almost a year ago for almost the exact same amount by Lowell, who finally admitted they were wrong and appologised for writing to me (I had written a very polite "prove it" letter), and b) I recently came across these forums which are a revelation. I wrote a letter back basically saying, very nicely (I think) - prove it, and I don't want you sending anyone round to talk to me about it. Today I received the attached letter (suitably redacted), to which I want to reply in this way: Dear Clarity, If you don't know who I am, then stop accusing me of owing you money. Yours faithfully, etc. What do people think? I don't wish to fire flaming letters at them, because I feel that that sort of thing can later predudice things, if, for some reason it all turns sour. I am not worrying particularly, but would like to ensure that my response is measured and reasonable. Any advice?
  4. Hi, I sent out a CCA request to DLC, who were collecting for an old Egg debt; I have been paying £1 token payments to them every since the account defaulted over 6 years ago, and due to having moved house a couple of times since, have completely lost track of what has happened with this as the standing orders were set up to come out automatically. Last week I received a response to my request from DLC stating "we returned the account to Egg in July 2010, who have since ceased to trade. We assume that your account has been acquired by a third party company and we suggest you contact them". I have no idea who to contact about this now! Any advise as to what I should do next? If Egg have ceased to trade, then where has my £1 a month been going?!! Many thanks AM
  5. Hello everybody I hope you can help me, today I received a letter from DLC regarding a very old debt from Black Horse Ltd (original loan was taken out through Chartered Trust way back in 2000/2001) with the amount owing of £1,886.59. The letter is as follows: Dear XXXX Your account County Court Claim Number XXXXXXXX We have been trying to work with you in resolution to the above claim for which we have obtained a County Court Judgement. As there is still a balance outstanding, your account has been placed with Cabot Financial (Europe) Limited to act as the agent servicing your account. Their next step is to pass your account to Mortimer Clarke Solicitors. What will the Solicitors do? Mortimer Clarke Solicitors will write to you and explain that they have been instructed to continue court proceedings against you if you do not contact them. They will explain the need for legal action to progress. We hope that you will enter into a payment arrangement that you can afford in order to prevent the need for legal action to progress. You can call Mortimer Clarke Solicitors on 0333 XXX XXXX Your new reference number is XXXXXXXX Now I have not had any paper work from the County Court, the letter I received from DLC is stated as being generated on 11/07, also I thought that a solicitor would have to issue the paperwork to the court for a Claim to be issued even though according to the letter my account is to be passed to Mortimer Clarke? The interesting part of this letter is that they hope that I will enter into a repayment agreement, could this be a trick that DLC/Cabot could be trying to pull?. I have requested a copy of the claim form from DLC as I have not received this and I have also asked for a copy of the original credit agreement and a statement of account confirming when the last payment was made, I have not had any communication from DLC for ages until today. I have checked my credit file and there is no CCJ registered and I am thinking about contacting the County Court Bulk Center to confirm the Claim Number. I hope somebody can help and advise me as I am very concerned. Many Thanks
  6. Morning, folks. I'm in a particularly odd and confusing situation so any assistance in clarifying where exactly I stand would be greatly appreciated. In 2010 I took out a credit card with Virgin Money. In 2012 I defaulted on this due to financial difficulty and depression. I do not remember receiving a default notice from Virgin Money. It's possible I received a default notice from MBNA, but I closed an account with them in 2006 (I have the letter) so would have discounted it. In January of 2017 I found out a CCJ was registered against me with Hillesden Securities as the claimant. I did not receive any correspondence prior to it being registered, as I was not living at the address the CCJ is registered at. As soon as I found out about the CCJ (through a mortgage adviser telling me!) I attempted to contact Hillesden. This led me to DLC, which led me to Cabot, which led me to Mortimer Clarke. I spoke to a representative of theirs on the phone, explained the situation and asked if the judgement could be set aside. They said no, and that the best I could do was satisfy the CCJ. After some digging online I sent an N244 to my local court and received a hearing date. Mortimer Clarke did not show, the judge decided they hadn't been very helpful, and duly set aside the judgement. Happy days. This was earlier this month. Today I found a letter sent from Mortimer Clarke 4 days before the hearing, with the claimant now being ME III Ltd. The letter states they agree to the setting aside but that a full defense should be submitted within 21 days. They attached a draft order, assuming that the judge would made this order. She didn't. What happens now? Given that the draft order was not formalised, I'm assuming I do not have to submit any further defense (which I already submitted in full as part of the N244). And what are Mortimer Clarke likely to do when they receive the actual order from the court? Many thanks
  7. Hi, Hope someone can give me some advice on this. Ok, here's my back story... I fell into debt in 2009 after getting out of my depth with catalogues etc, I did have a car on HP at the time but couldn't afford that either therefore it had to go. I'm pretty sure I handed the car back to Black horse in early 2010, unfortunately I cannot remember the exact date or the last time I made any payments directly to BH, but assume it was a few months before I handed the car back. I joined a DMP (Debtline) in 2010, which I was in until 2011. I paid £120.00 a month for several debts, the catalogues and HP for the car. I had to cancel the DMP in early July 2011, lost my job and then husband bolted, no income meant massive cut backs had to be made. I think its safe to assume that as BH was in the DMP the last payment (albeit reduced) made via the DMP in June 2011. I have checked my historical bank statements online (from May 2010 to present) and I can see payments to the DMP, up to and including June 2011, I cannot see anything for BH. I'm now happily divorced and have been working hard to sort my self out, I've paid off a few smaller debts and currently have a payment plan with Lowell on 2 other debts (catalogues, reduced figures due to negotiating at £10 a month each). However, I've now received 2 annual statements and a letter on the same day from DLC for a debt of £6,268.00 from Black Horse for the car, the letter is offering me a discount if I pay what they ask for. (This was addressed to me at my previous house, I know the current tenant who passed it on) This is the first time I've heard from anyone about this, I haven't heard anything from Black horse for years, last time was before the DMP, neither have I had any communication with any debt collection company over this debt. I dug out my old credit file from 2015 and there was an entry for Black horse, this had a start date of 14/10/08 with payment terms stated as: £11161 x 17 months and a default date of 10/08/2012 with a figure of £6268.00, which is over a year after I last made a payment through the DMP! I also dug out my 2016 credit report and there is no mention of Black horse or DLC, and there are no CCJ's listed. I have checked my online report, nothing about BH or DLC (or CCJ's) and have also ordered a new £2 copy for this year to double, double check. I'm aware of the statute of limitations and I am wondering how would I go about finding out the actual default date? I don't really want to do anything to inadvertently acknowledge the debt. Happily take any suggestions or advice on how to proceed with this. Thanking you in advance
  8. Hi guys, hoping someone can assist with the latest letter received from DLC... Below is a long-winded background to the simple question - "What do I do next?" I wrote on the 27th July 2016 requesting my CCA: Template removed - read our rules dx And received a statutory response on the 9th August 2016 stating DLC had requested it from the original lender, MBNA. I heard nothing until today, opening the attached scanned (and redacted) letter from DLC. In summary they state: Due to the age of the account the original executed agreement is currently unavailable; & Whilst we may not enforce the agreement, the monies remain outstanding; & They go on to quote McGuffick vs. RBS using it as a precident as to what is considered "enforcement" Thanks in advance one & all DLC Letter.pdf
  9. Hi, Had a letter today from DLC regarding an outstanding CCJ, in that letter they are stating that it is currently being enforced by way of a charging order. Now I've done a bit of research and it appears that they are stating they have a charging order against my property. The thing is I live in rented accomodation and havent had a mortgaged property of any sort since 2009, this is now owned by the local council who bought it following repossesion. My question is, are DLC being fraudulent by claiming a charging order exists or does one still exist at my old property. For reference the property was repossessed in 2009 the CCJ was September 2010 although I only became aware of the CCJ recently following a check of my credit file and have had no paperwork regarding it to date until this letter. They clearly have my current address as the letter was sent directly there and not forwarded, I have lived at two other addresses since 2009! So they are tracking my current details. The letter goes on to state they are putting the matter in the hands of Cabot financial and that their solicitors will be in contact with me regarding further enforcement. Question is 1) Do they have a charging order? 2) How can they enforce one if they do as I do not own any property. and 3) Do I do something about the issues if they are being dishonest? The CCJ will be off the records in September and although not statute barred I believe it is much more difficult to follow up/enforce once that date passes. Please correct me if i'm wrong. Any help would be greatly appreciated. Thanks
  10. johnnyboy44

    DLC refund

    Hi I have recieved a couple of letters from DLC stating i have made an overpayment and i am entitled to a refund. I did pay off an old debt several years ago but have no idea if the ref number is anything to do with that. Are they a reputable company or is it a [problem]? Any help will be much appreciated many thanks JB
  11. Today received MBNA's response to my CCA request - a mail-in application from 2000. The two 'halves' don't appear to match. The application refers to data protection info. in condition 12 but condition 12 on the other half is about payment holidays. Possibly it could refer to a different condition 12 on a tear-off list but who knows? I'd be grateful for any comments and suggestions of what my next move should be. I haven't paid anything for a few months although CAB is supposedly negotiating a six-month freeze but I'm still receiving statements with about £500 extra interest each month. (I'm awaiting their response to a SAR as well.)
  12. hi i am posting this on behalf of my wife .. she has a debt owed to mbna for £2600 we hadnt heard anything on this for 5 years but as its 11 months off statue barred its popped its head up.. have a cca here to send off just unsure who gets it the debt was owned by dlc but a recent letter says they was placing the account with Cabot Financial (europe) and their next step would be to pass the account to restons solictors had no letter off cabot but a nice one turned up off restons threatening a ccj .. .from what i read here their pretty true to their word. .so was hoping a cca might slow them down. the restons letter stats all future correspondence and payments should be done through them so do i send a the cca to them to dlc or to cabot thankyou on behalf of my better half
  13. Sorry if I'm repeating old info, I have had a read of other posts but these all seem to be at CCJ defence stage and I'm not there yet! Details are as follows: Hillesden have been chasing me for a payment of £848 for as long as I can remember. The debt was passed to DLC and most recently to Cabot. Mortimer Clarke are now chasing me on behalf of Cabot and claim that they will take me to court if I don't respond with a suitable payment arrangement. The van was returned in 2007 and my last payment on the debt was Sept 2008 (according to them). I do not know when it defaulted exactly but I do know it's no longer on my credit file. I wrote a SB letter to them but they have now responded stating that the contract was not terminated until August 2010! They say that means they can now take me to court. How do I proceed?
  14. Defaulted on an £8k secured loan 3 years ago which has now is now £13k when I lost my job. Since then I have been working but the jobs have been much lower paid I would not have been able to pay my contractual payment of near £300 per month. I've been on reduced payments for 3 years now. Every 3 months I have to send my bank statements and they question every entry they believe is not essential and I have to justify why I spent money on that item. Well I'm really fed up with the patronising collections and I want to tell them I'm working but I don't earn that much and I'm really struggling financially. They have told me that I can't stay on a reduced payment plan indefinitely and this time he was really threatening. Ok, I hold my hands up I've not been entirely honest with them about working but I need to manage this situation before they find out something and decided to take my house away. What advice can you give me to try to manage this situation. I will cancel the payment protection which will reduce the outstanding balance but there is still the question of the rest. Secondly, does anyone now how I could possibly get rid of these people without losing my house? How can I get these people of my back.
  15. hi all, A Family member has just received a ccj claim form, I have filled the form out as best i could, we are almost 100% sure it is statue barred and believe they are just chancing it, Hillesden securities Limited t/a dlc Date of issue – 14 DEC 2015 What is the claim for – The claim is for the balance of installments due & unpaid under an agreement dated 12/07/2005 & under which Black Horse LTD agreed to sell the defendant goods for a price payable by installment('the agreement'). The agreement was assigned to the claimant. PARTICULARS 1. Amount due & unpaid £1000 THE CLAIMANT THEREFORE CLAIMS 1. Amount due & unpaid £1000 What is the value of the claim? £1000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan for a Car When did you enter into the original agreement before or after 2007? The loan is from 2005 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. It has been passed onto Hillesden Securities Limited t/a dlc Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Approx. 2 month ago we received 5 annual statements of accounts dated from 28/09/2010-11/07/2015,they all come on the same day Why did you cease payments? It looks like no payments were ever paid What was the date of your last payment? It looks like no payments were ever paid Was there a dispute with the original creditor that remains unresolved? Dont know Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No We have not acknowledged the claim yet but I have set up the login online etc, We want to defend the claim and are going to use the statute barred as defense, I am just wondering what wording i need to put for this and should i wait the 19 + 14 days or just submit it straight away ? Also I have not sent any cpr request as of yet cheers in advance
  16. Hi All, I had a judgement against me in favour of Hillesden Securities t/a DLC back in 2014. The judge applied a charging order to my property and I have been paying by standing order £45 per month ever since. Today I have received a notice of sums in arrears from DLC even though I have not missed a payment since I started paying them, they actually also list the payments I have been making on the notice. I may be wrong but the agreement I have with DLC started on the day the judgement went in their favour and a payment plan was agreed, this being the case I am technically not in arrears with DLC I am simply working to the agreed payment schedule and this information should be accurately recorded. With this in mind an Arrears notice could easily be regarded as innaccurate and defamatory, perhaps a statement should have been issued instead. My question is whether there is any legal precedent I can call on to quote to DLC when I write to them about this, or whether I am simply barking up the wrong tree so to speak. Kind regards Groaty
  17. Been in arrears with SPML, had warrants suspended, paid off arrears then fell back again. One month ago before Judge X the case was adjourned until 13th February pending the payment of £4156 before 31st January. Due to matters beyond our control this did not happen. However, at court on Friday we were listed to sit before a nice lady judge, Judge Z. When SPML's solicitors realised this they weren't happy especially as Judge Z was quite obviously leaning in our favour. She even said 'in the current economic climate repossession helps neither party...'. But my oppo managed to persuade Judge Z that the case should be heard by Judge X and we subsequently reconvened before him. Judge X, true to form decided in favour of SPML and we are to be evicted in the next 2 - 3 weeks unless we can now find all of the arrears - £8000. What right of appeal do I now have, if any? Also, can I appeal using the case of Norgan v C&G or does this have to be argued by a lawyer?
  18. Hi, and apologies if I've filed this in the wrong section - sleep deprived trying to research how to respond to the above. The particulars of the claim are: The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Black Horse Ltd dated on or about Apr 30 2008 and assigned to the claimant. PARTICULARS a/c no xxxxxxxxx DATE ITEM VALUE 10/11/2015 Default Balance 7xxx.xx Post Refri Cr NIL TOTAL 7xxx.xx Issued on 02 Dec and I've completed online acknowledgment of Service. Reasons that this large debt exists aside for the moment, I'm 99.9% sure I haven't made any payments on the account since mid 2009 and I've certainly not responded or acknowledged the debt in any other form. Assuming that I'm correct about the last payment date, how would I proceed with defending this? Do I write to the court, solicitors, or the claimant with a SB template letter - or should I seek more info on what they have on me? Some help and direction with my next steps would be hugely appreciated as I feel my health is already suffering with the anxiety of it all. Many thanks in advance.
  19. Just had a lovely chat with someone at Mortimer Clark. I'll call him Matthew, for that was what he called himself. He declined to give me his mobile number, employment status or value of rent or mortgage - but I guess that's only fair since I declined the same information. He was very keen to discuss a loan that "their client" apparently bought from BlackHorse some time ago, but since I knew nothing about them and have had a dispute running on it for so long that I'd forgotten it ever existed, we didn't get very far. Hit stalemate regarding the dispute as I wasn't prepared to divulge any information not knowing who he was (I mean, not even giving me his mobile number - could be anyone!) and he had no information from "their client" or BlackHorse about it either. He did stop to share his concerns at one point though, and suggested I contacted the Police if I thought it was fraudulent, so I took his name and address down again (still no mobile number) so I could report his fraud, but apparently I misunderstood him and he was suggesting I report the initial alleged loan as fraud. Silly me! He very helpfully offered to get a copy of the loan agreement and associated information, and kindly confessed eventually that they were indeed threatening court action without sight of any agreement. All he could tell me was that the loan started in March 2005 and terminated in September 2010, with the last payment in August 2008. I left it that they would address all the previous concerns once they had the proper paperwork, at which time they'll also see how many other agencies have tried to pursue this alleged debt and swiftly passed it back when realising they had no right to. We almost parted on good terms, and I tried to save them a lot of unnecessary work and money by pointing out August 2008 was a long time ago now - more than 6 years I hasten to add. However, it seems for them the usual rules no longer apply and they can continue to do what the hell they like until 6 years after the formal termination/sale rather than 6 years after the last payment or acknowledgement of debt. If he'd given me his mobile number I could have text a link to the relevant laws! On a serious note though.... has the law changed here?
  20. Ok so looking for some advice.. 12 years ago I had finance through black horse. I have not made any payments or contact since 2007. And they gave up except send me a annual statement but this didn't happen every year. There is nothing on my credit report to do with them. I have recently bought a house for the first time and then the other day I received a statement and then a letter asking for payment. This was sent to my old address. I have not acknowledged the letter. Can they still Persue after 8 years of no contact? and is my house safe? The debt was unsecured . What do I do next? Thanks in advance
  21. I currently have 3 credit card debts which have been defaulted and are now with DCA's and have been paying them off to varying degrees for 5 ish years. I'm in the position where I can offer reasonable full and final settlements, so decided to send CCA requests to them all to hopefully help me with the negotiation. None of them replied within the 30 days so I stopped paying. I'm not trying to avoid paying, just negotiate a reasonable figure. I've had a response back from DLC re an MBNA card I took out in November 2002 ( I have 2 with them). This card is showing on my credit file as defaulted in June 2010 with a balance of £11239. The current balance is £6139. They've actually sent me a CCA which is signed and dated by me from 2002. The form is signed on the front and the terms on the back, it's a cheque book sized form. They've also included what looks to be reconstituted terms which is 7 pages long but not signed. The signed form seems to have all of the prescribed terms, so may have made my situation worse rather than better. I've ticked the "no PPI box". My query is, the signed document states 15.9% APR but the other version states 23.9%, does this make any difference? I haven't sent an SAR so don't know what I was charged.. They're obviously asking me how I intend to clear it, which I haven't responded to yet. I'll try and pay the £25 per month I was paying before although they've got a stronger case now. Any advice would be appreciated.
  22. Hi Am hoping someone can help. Originally had a loan with Black Horse - long story short, we hit hard times and the debt was not repaid. (This was originally a single loan, then further on became joint loan) Black Horse gained a CCJ, that was not defended, and later on secured a charging order against our property. (The property is a shared ownership). Had a letter a couple of years ago saying the debt had been sold to Hillesdens. Since then they have sent the occasional letter giving a sum of arrears etc. There has never actually been an agreement to pay. We have now received this letter from some solicitors. I know we have left things to long - but has anyone got any advice on our best course of action.
  23. I am in the situation where i was the victim of ID Fraud from a previous address. Hillesden have been at me for the last 18 months. I told them i had no knowledge of this debt, put up or shut up and take me to court. I did the usual and put it into official dispute. They came back and stated they believed i was the person that they were after and now seek payment. Now after a 6 month lull i get this. Looking through various threads it seems that hillesden purchase the right to use the Alpins letter head as a frightner. Is this true, or do i need to rack this up a gear myself with hillesden thanks
  24. Morning, I just would like to share this with you and see what your opinions are on it. Background is that I had an MBNA Credit Card and ran into financial difficulties after loosing my job. The agreement was then terminated and later on sold to DLC/ Hillesden Security. They put me under a lot of pressure and we agreed on a monthly installment payment. That arrangement worked from about 2006 to late 2009. At the time, I had come across CAG and was dealing with other debts which I had with other companies. . During this period, they were increasing the installment every now and then. With the knowledge I acquired from CAG, I then decided to send them a CCA request in 2009 which they failed to comply with. Then I sent a SAR in 2010, again they only provided some junk piles. I sent them A/C in dispute letter in 2010 too and they wrote back to me three times stating that they were following up my request for a copy of original CCA from MBNA and will be forwarded to me as soon as it becomes available. I wrote and informed them that I knew nothing about that debt and would stop paying the installment until they comply with request. I did stop paying them in late 2009. A few other companies contacted me around the same time and informed them that the account was in dispute and never heard from them since. DLC sent me Notice of Sums in Arrears twice in 2011 also received a Door Step Collection letter from ScotCall. They then went quiet until beginning of this month, they started calling daily despite sending them letter in the past asking them to only communicate with me in writing but not to phone me. I refused to answer any of the security question and asked them to write to me regarding whatever inquiries they were making then I will respond accordingly. Now, after reading some of the threads about them lately, I am very worried that they could be up to something. I noticed that they acquired a few judgement by default .Can someone advise on what step to take to prevent them from sneaking behind my back? Sorry for making it very long. Thank you and I wait eagerly to hear your opinion. DOT
  25. Hi Everyone! With the lovely support on this site, i sent a CCA request on Monday to Ruthbridge who i have been paying a token payment of £1.00 for over a year and to Direct Legal and Collections prior to this. This is an old debt of MBNA going back as far as 2005 for £15,107.00. Today i recieved the postal order back, with the CCA letter stampted recieved and also a slip stating "account returned to our client Direct Legal and Collections", question is do i now send a CCA request to Direct Legal and Collections or wait to hear from them. i also have recieved the credit report and do not see anything relating to this debt on there. thanks!!!
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