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Found 377 results

  1. Please can someone help. I have Link Financial writing to me about my deceased father owing them money. They have been sent death certs already but have now addressed a statement to him at 'my house.' The letter talks to him - saying 'behind on payments. They are lunatics. They have had (and acknowledged x2 death certs). I have written to them saying I believe that debt is statute barred and that my father has died. They waited months with no communication and now this. Shall I just return to sender?
  2. Hi all My wife recently received a County Court Claim Form which we have decided to dispute in full. I've completed the details below. I would be really grateful for your help with next steps. From reading other threads it seems my next move should be to send a CCA request to the Claimant and a CPR 31:14 request to the legals reps. Is this correct? Thanks --- Name of the Claimant: Cabot Financial (UK) Limited Date of issue: 09 Jan 2019 - Defence form submitted online on 24 Jan 2019 What is the claim for: By an agreement between JD Williams Ltd Re Fashion World & the Defendant dated 11/10/2015 ('the Agreement') JD Williams Ltd Re Fashion World agreed to issue the Defendant with a credit account. The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 688.36 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A What is the total value of the claim? £688.36 amount claimed + £60.00 court fee + £70.00 legal representative's costs = £818.36 Is the claim for: Catalogue When did you enter into the original agreement before or after April 2007? After Is the debt showing on your credit reference files (Experian/Equifax /Etc...)? ***Wife is checking - will update*** 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 Unsure 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? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No Why did you cease payments? Account was settled What was the date of your last payment? Unsure 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, as N/A
  3. Hi i wonder if anyone can give me advice. I have received two summons from link financial ref to old defaulted ex barclay credit card debts. Can anyone give me any advice as to how to go about and what to do please? Any advice will be highly appreciated.
  4. Hi guys Just need a little help again with my wife's debt by EON apparently here goes. a few months back Lowell came on the seen chasing an apparent debt from EON as stated above as far as we are aware EON has always been in my name never my Wife's it's for £160 yet my wife has checked her credit report and nothing there about EON or Lowell. Now Lowell are apparently deciding whether to take legal action and kindly showed us what the proceeding would be if they decided to take legal action is this legal as we have no knowledge of the debt? but they have an account number? any help with this please and hope it makes sense
  5. Hi all, I started a previous thread to share my general issues, but am posting in this section for specific advise relating to First Direct. Previous forum address here if anyone is interested: http://www.consumeractiongroup.co.uk/forum/showthread.php?458839-Low-income-6-year-old-debts-and-worrying-about-the-possibility-of-future-court-action I had an account with an overdraft, credit card and loan with First Direct (all pre Apr 2007). I defaulted on payments for the credit card and loan back in 2009, at which point, they closed my account, merging the credit card and overdraft together as one debt, and the remaining loan as another. Since the default in 2009, I have been making token £1 monthly payments to Metropolitan Collection Services; I have since moved house a few times and hence had no contact with them. Aiming to sort things out once and for all, I joined this site, and under some much appreciated advice, sent out a CCA request to Metropolitan last week. First Direct have responded, sending back my CCA letter (but keeping the postal order???), saying: The letter is not signed (didn't think I needed to) - they want me to provide a specimen signature My current address does not match their records (it wouldn't as I have moved, but my credit file address is up-to-date) - they want me to provide the old address to match their records. From this, I gather that FD still own the debt as Metropolitan did not write to me. As mentioned, my credit file is up to date with all addresses. Does anyone have any advice on how I should proceed? Are they trying to delay and does the time limit of 12+2 days still apply? Or, are they valid in their requests? Any help much appreciated Thanks AM
  6. These seem to be coming thick and fast now.. Received the attached claim form on Christmas Eve! Name of the Claimant ? Cabot Financial UK Ltd Date of issue – 21/12/2018 Particulars of Claim 1.By an agreement between Vanquis Bank Ltd & the defendant on or around 16/3/2015 Vanquis Bank Ltd agreed to issue the defendant with a credit card. 2.The defendant failed to make the minimum payment due & the agreement was terminated. 3.The agreement was assigned to the claimant. 4.The claimant therefor claims £290.77 2. costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (pre action protocol) ? No idea, but a lot of these letters tend to be ignored, or go in the bin. What is the total value of the claim? £365.77 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 April 2007 ? After Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No idea 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 ? Not sure Why did you cease payments? It was around the time of the birth of my daughter and I fell behind due to everything that was going on at the time as there were complications and we had an extended stay in hospital What was the date of your last payment? Sometime in 2015 I think 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 planicon? No I'm guessing I should just log into MCOL and select defend all? The sum they are claiming looks like it was a lot higher than the credit limit. Should I just defend all and send them a CPR 31:14? 1888_001_Redacted.pdf
  7. I took out 3 loans 96-99. I never repaid as I didn’t earn enough. I didn’t defer for the years 12-17. I got a letter to defer in 2017, when I did it, they said it was too late and it has been passed to link. I have been hounded for nearly two years. I am not in a position to pay it back. now they have said I have to reply within seven days or else. What can I do? If anything?
  8. Hi Guys, I am newbie here on this forum. I have been approached by the solicitor for Negligent Finance advise on the loan I have taken out back in 2006. Told me that this is NO WIN NO FEE and I don't have to pay anything upfront but If I win the case I have to pay 25% fee. Did anyone has used this service and especially on Negligent Finance Advise and how successful or unsuccessful they were. I am really sceptical I may limp into one problem into other one. Your advises will be much appreciated and thanks in advance.
  9. I owe one of my creditors £32000, (more than half of this is their solicitors costs) after speaking with Business Debtline and preparing a budget I offered them £440 per month. They got a order for me to attend court for questioning. I went to the court with the documents requested which were statments for all bank accounts, HMRC returns etc. Their solicitor was there and asked me questions regarding my income, (although they hadn't listed their questions before hand) After court the solicitor wrote and asked me to supply my bank staments since 2017, I replied they have seen all my current financial position and ability to pay. They have written back today to say they are trying to deal with this amicably and if I dont send through what they want they will get a court order and those further costs will be added on to my debt. Can they get a court order to see that far back?
  10. I have a debt with citi financial going back to about 2008, for around £3k on a credit card, i have been paying £1pm stopped when i moved house, the debt company Cabot have instructed Restons to issue court proceedings against me in order to get a charge put on my house which i now own outright. I have asked if they will accept payments of £40pm to prevent court action but they have replied saying that unless i repay the full amount before the 8th December they will issue proceedings. Is it worth getting a CCA request asking for a copy of the agreement to see if it is unenforceable in any way? Or is there any other strategy people know about to prevent them getting a charge on my house and a CCJ. regards Zaggacom
  11. 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
  12. Hi there, I've been chased by CABOT FINANCIAL for several months now for an AQUA CARD debt. After ignoring the mass of phone calls which they also harassed my mother on a phone I used to call AQUA. They also sent a stack of letter with increasing plea's to contact and arrange some settlement. The latest now gives 14 days and threatens getting a solicitor involved leading to a possible CCJ. The original debt is around one year old and I have not paid anything back after the credit card company referred the debt to a collector. My parents are worried about the bailiffs knocking on the door I need to take some action against CABOT and really not sure where to start. Can someone could point me in the right direction how to start fighting the collection agency? Many Thanks!
  13. Hi, I have a BW Legal court case going on at the moment. Today I received another county court claim from BW Legal for a different company. This is fraud too. Name of the Claimant ? PRAC Financial Ltd Date of issue – 29/09/17 What is the claim for – 1.The Claimant's claim is for the sum of £300 being monies due from the Defendant to the Claimant, under a loan agreement regulated by the consumer credit Act 1974 between the Defendant and Instant Cash Loans Limited t/a Payday UK under account reference xxxxxxx and assigned to the Claimant on 09/12/2016 notice of which has been given to the Defendant. 2. The Defendant has failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3. The claim also includes the statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.06p from the date of assignment of the agreement to 28/09/17 being an amount of £18). What is the value of the claim? £360 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? loan When did you enter into the original agreement before or after 2007? After 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. debt collector Were you aware the account had been assigned – did you receive a Notice of Assignment? The account was opened at a different address to mine. I lived at this address about 20 years ago but have moved twice since then. I received a debt collector letter in 2013 for this and I wrote and said they have the wrong person but I did not hear a thing until March this year when I got a county court summons. Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I have never made any payments What was the date of your last payment? None Was there a dispute with the original creditor that remains unresolved? Yes, there will be now. I did not know anything about this loan. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management? No
  14. My partner started to receive letters from a company called Lowell financial a while ago. When I saw them alarm bells started to ring and I did a bit of research on here. From what my other half tells me, these debts were from well before we met so are probably 10 years or more old. The debts were from capital one, three, jd wiliams, and shop direct. We sent a cca request and £1 postal orders for all the debts. Lowells have acknowledged all the cca requests and closed the three account. It has now been a month since we have heard anything from lowells about the remaining 3 accounts. We have checked on experian and it seems lowells have 2 of the named accounts showing as in arrears for about 4 years. From what I read on another post, my other half should not pay them anything ever. They have failed to provide any of the original documents so as far as I can tell they are unenforceable and should be off her credit record after 6 years. Am I correct And should we be worried about it?
  15. I've reached a ridiculous situation with this outfit . Under the agreed T&C's they may, subject to having given 28 days notice, change the T&C's. While there is no record of their having given any such notice, they have never-the-less changed the T&C's to the effect that failure on my part to complete an annual review entitles them to cancel the agreement They now claim that I have cancelled our agreement, but there is no record that I have ever done so. On the other hand they have warned that unless I complete the annual review before some time in December they will exercise their right to cancel the agreement. But this raises the issue as to whether their failure to give the required notice had rendered the changes they had made to be without effect. They say that completion of an annual review allows them to assess whether we can afford to complete the Debt Management Plan, and in doing so accord with FCA recommendations. Whereas I have argued that they are applying an overzealous interpretation of the FCA recommendations. In regard to which I note that according to an FCA enquiry "in some areas, an inaccurate interpretation or overzealous implementation of rules (such as those around data protection or affordability) is preventing firms from meeting the needs of vulnerable customers."
  16. Hi Guys I have received a letter of claim from Restons solicitors for a debt bought by Cabot financial. I have made a complaint to the financial ombudsman that the original creditor ‘ a credit card company ‘ refused to deal with several mistakes on my account over a year before Cabot bought the debt and simply told me to deal with the 3rd party debt collectors. The ombudsman said that as they were still the legal owners of the debt they had a duty to deal with me and not pass the buck to the debt collectors. The amount Cabot are claiming is for £1800 when the correct amount after deducting the disputed amount is £1150. My question now is, should I contact Restons who have sent me a letter of claim and say they will start proceedings on 18 05.2018 or Cabot or both and tell them its a disputed amount sold by the original owner of the debt and I have now made complaint to the FOS for which I have received relevant paperwork and a reference number. So would they like to put proceedings on hold whilst this matter is dealt with by the FOS as I see no point in starting court proceedings when they are trying to claim the wrong amount.I I don't dispute the lower figure. So far I have made no contact with either company.
  17. Hi, I have a debt which was with Barclaycard originally back in the 90's, roughly £7k. I got into trouble a few years ago when I was ripped off by an investment company who put me out of business and stole several thousand pounds from me. I was advised to use Step Change in 2016 to sort out 4 debts in total. I was not aware that this system would only last for 1 year ( paying a nominal sum per month to each debt) and that afterwards I would be back to square one. After it ended I was abroad working for a few months and was not receiving my mail. Now I seem to have Link Financial chasing this debt ( who I have heard are very aggressive) I wrote to them at xmas last year when letters caught up with me at last and asked them to provide proof that they can chase the debt. Our correspondence crossed in the post and they had already sent a court claim against me in January, which I acknowledged with the online money claim system. ( I have not put in a defence yet as I was awaiting the response from Link.) Now Link have sent the 'proof' which consists of; copies of payments made via step change, letter from barclays stating account moving to Link, general terms and conditions for the card debt, but no copy of the original signed document for the card. What are my options? Should I specifically request the signed document or do they have enough to take me to court? They are trying to force me "sign the admission" via the court summons "supported by an offer to pay monthly instalments'. Link have already stitched on nearly £1000 for their court fees and other bits. I am not currently in a position to pay anything except a bare minimum as I only have a very small part time wage and some money I have saved whilst abroad to live on. Thanks in advance for your help.
  18. Hello everyone, I am new to this forum, I need some debt advice please. I've been receiving letters from Lowell financial chasing me for two old debts for almost 4 months now. They were threatening court action, so I finally responded . One debt is for an old Tmobile account, (which I remember), the other is from Shop direct (which I don't remember). I sent them a statute barred letter the shop direct debt because I couldn't remember anything about the debt, I assumed it must be a very old debt seen as It doesn't appear on my credit file. They have since responded to my letter saying I opened the account in 2004, last payment was in 2008. Apparently I made a payment between 2009 and April 2013, so based on the last payment of £10 in 2013 (which I don't remember) they state that the debt is not statute barred. The letter also states that a CCJ was issued against me in MAY 2014, with the terms to pay £50 per month (again I had no clue there was a CCJ) which is now in arrears. I need some advice for the best way to proceed please. I am now stuck, do I have any more leg to stand on, or do I just go ahead and make payment arrangement with them?. The total debt they claim for shop direct is £1180.23, I can't afford this now, I'm already struggling financially and paying other debts. Please help, what do I do next?, I don't want another CCJ or bailiffs at my door. Thanks in advance for your time. Jo x
  19. Hi everyone - I'm in a sticky situation. I went to live abroad for some time in 2015 and I'm back now. I was sure before I left that my UK HSBC account was at 0 but it wasn't due to some overdraft that I gone into without knowing which later led to the account being closed. I just received a letter from Cabot today saying that I owe them a balance of £1347.86. I spoke to HSBC earlier in 2017 and they said to me that the account in question was closed and that I owed something in the region of £200 due to overdraft. I can't remember the exact details but I assume they said the debt was written off, otherwise I would've paid the debt right away then. This also makes what Cabot are saying quite confusing because they're saying I still owe this debt and that the fee is larger than I was told by HSBC. I phoned Cabot right after I got the letter and they told me that it was probably Direct Debit that caused the fee to be so high. I had no Direct Debit and I never admitted liability. I asked whether they have the T&C's of the agreement I had with HSBC, to which they said no. I also asked if I could have evidence of the debt but they said they didn't have anything on their side and they'd need to make a dispute with HSBC. For that I said, I'll contact them myself and get the details so they'll put the account on hold. What do you guys think? Someone told me to get this all in writing sent to them either in email or post. Should I do that? Please let me know what to do since I have no idea! Many thanks in advance.
  20. Hi guys Any advice on how I can get rid of a CCJ issued by PRAC Financial? My credit report states that the default on my loan with Payday UK (whose debt Prac has acquired) is Satisfied as of Jan 2017. Another credit report says its closed. Unfortunately these clowns still want their pound of flesh. Ive received two letters. One from Northampton County Court about the CCJ and one from BW Legal saying I pay the amount of £1,029. I dont want to pay another £255 to set aside. I dont want to pay anything to remedy? What should I do? Maybe write to the court?
  21. Today my other half received a rather strange letter titled Notice of Transfer Of Proceedings from Cabot Financial UK Ltd that states this claim has been transferred to the county court at _____________ for enforcement. This was done apparently because she did not reply to N56 (form for replying to attachment of earnings application) within the specified time. She did not receive this form. The receiving court will arrange for the bailiff to serve N61(order for statement of means) The only CCJ she had was over 10 years ago and is now definitely statute barred. Is there anything I can do to prevent any further action on this? Surely Cabot are taking the mickey??
  22. Good evening CAG, I am new to this site but I must say that I have heard how fantastic you are at helping, so, I am hoping you could point me in the right direction. I have received a claim form from Northampton which has been issued by Cabot Financial. Now they say that I owe money to Moneyway (a loan) and give an account number but, it has been issued to me in my maiden name which I have not used since 2007. Now, I dont ever remember taking a loan with a company called Moneyway so I am pretty amazed at this, let alone using a name I havent been known by for a number of years. they say that the debt was assigned to them, so I am guessing they brought this supposed debt cheap, but I think they must have picked me off an old voters list or something as I have never done business with a Company called Moneyway. Now I dont really know much about rights as a consumer or anything but I thought that debts became statute barred after a certain time. I need to do something but I dont know what and I dont know how much time I have to do it before a judgement is registered against me for something I have not had. Could someone please point me in the right direction. I would be so grateful. Thank you LTB
  23. Hello I've received a "Payment Due" letter from Lowell today. Stating " your former BT PLC account remains unpaid. I did have a BT line but cancelled it when moved house in September 2015 and haven't had any dealings with them since. Anything I need to do now as I am aware i cannot CCA a telecoms contract. Thanks DC
  24. Hi I need some help from you experts out there. A few months ago i received a letter from Lowell saying i had an outstanding debt in excess of £600 on a mobile contract. I sent them a letter asking for proof of debt after several months i have received a statement of account which runs from Oct 2010 to may 2014. The final balance on the account shows £400 not £600 with the last payment in Jan 2014. I do not believe i actually owe this money i changed my phone in the EE shop in late October 2013 as i was working abroad at the time and they got me a deal where i got inclusive minutes and it looks like they did not do the upgrade properly. I still have my contact with EE and it is upto date. What can i do to contest this ? All help gratefully received
  25. Are on stride still Euro cash net aka quick quid, I got a 4k loan from them in august last year, over 3 years, total to pay back £6500 - which before anyone starts, I don't care, I was grateful for being able to borrow 4k at a time when I needed it, I am repaying and never missed a payment, my query is, how was I able to borrow 4k over 3 years when their website says max loan 3k over 1-2 years, have they changed terms since August last year.
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