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Found 236 results

  1. Hello! Cannot believe I've only just found this website! I realise there's many threads but none quite about my stage... My debt is a $12k Aus Credit Card from last year. They emailed and I ignored then they called my work relentlessly until I was taken into a HR meeting about it. They also called two people from my Instagram (one I didn't even know personally). I've since privatised all my social media. I emailed them a massive complaint detailing every ACCC breach and gave them my email and number. They replied to my complaint last week addressing only the point about pretending to be someone else saying that they never. No other points addressed. Then I received a call stating I need to pay, it's not going away etc. I told them I was at the brink of losing my job and I simply can't afford to pay it all ($12k) because I'm a student working part time. They've then emailed me an income and expenditure form and requested my HR letters and 3 months bank statements. They are going to call next week to catch up. I'm going to ASIC about my complaint not being addressed properly but I'm not sure what to do in the meantime about the agent calling me next week wanting all my info? I realise now from reading this I shouldn't acknowledge it but i simply had to due to work. I have no idea what I can/should do??
  2. .. I sent off a CCA request six months ago which has not been provided, the account is in dispute, i have been receiving 'arrears' letters since. My question is, would it help to send back the latest arrears letter with a "No contract. Return to sender" label, or sit on my hands? Thanks Pencil.
  3. I have been a lurker for some time now, but now need some advice. I have received details of a possession hearing from Blemain Finance for a second mortgage and desperately need some help with it. The form to complete from the local county court does not stipulate any reply timings and we have trying to get as much imformation together as possible before completing it. However, the hearing is early next week and we have spent the weekend getting all the information I can together. My husband and I are self employed and because of one client going into receivership, another retiring and a third changing supplier. I have not been able to make a payment to them since the end of May. I have several broken agreements with them because of losing these clients. I have paid them around £38,000 since starting the £46,000 loan in 2008 and only started having problems in 2012 when I ended the year just under one month in arrears, By the end of 2013 we were around three and a half months in arrears but had entered into an agreement with them where we were paying the monthly repayment plus £71, however, I could only keep this up for six months and we are now around £4,100 in arrears, I may be able to reduce this by £700 before the hearing but this depends on when we are paid. We are currently rebuilding the business and have good prospects in the pipeline, but with this hanging over our heads it’s very difficult. Are there any reasonable grounds on which I can request the order to be set aside, or are the county judges obliged to grant anything over two months in arrears? I am worried that we have a bad month and can’t make the payment on time and lose the property, Although in arrears with our main mortgage we are tackling that and only have one year left on that, albeit it will take two years to clear. There is about £550 difference between what they say I owe and what I have calculated and I guess this is various admin fees etc. Any advice will be gratefully received. Thanks, Sara
  4. Hi All I have a DN for an old next account registered. The DN seems to be in the name of the DCA. I requested a copy of the original agreement and DN from Next. The DCA responded with the attacehd. The DN looks legit, but the agreement seems to have my address added onto an old scan of their agreements. Is this worth prgressing, to try and have the Dn removed. I have no issue in paying the debt if required. Its the DN that is causing me issues. Attached are, Credit report grab. Email from DCA, Email to Next, Next Agreement, Next DN. Many Thanks G
  5. Like thousands (100's of thousands?) of other disabled people, I have had my mandatory PIP application refused. I had previously been receiving DLA (middle care, full mobility) for 6 years. On the decision, I was awarded 0 points for all parts. The comments made were either from an assessment for someone else, or were downright lies. I will now have my car, my lifeline to the outside world, taken off me on 13th November. I will only be rceiving ESA now, but as the PIP decision says that I am capable of work, I know its only a matter of time before it is taken off me as well. I am totally unable to walk much further than the end of my garden path or driveway. I live off a main road and there is a steep hill from my home to the entrance to our street, making it impossible to use public transport. My wife works, which leaves me at home all day on my own. I have limited use of my left arm and no grip in my left hand. As I need to use a stick to get around, I cannot carry dishes, cups, pots etc. I also suffer from forgetfulness and have left the gas cooker on on several occasions in the past so I can't even prepare a bowl of soup or a cup of tea. I rang and asked for a reconsideration. I went through the different parts with the girl I was connected to, giving her the correct details on what had happened at the assessment. She asked me to get medical evidence from my GP to support the reconsideration, as thiks hadn't been asked for at the time of the application. I can't get an appointment with my GP to discuss this until 15th November. One of the worst aspects of this is that I can't even feel angry, as the antidepressants I take leave me unable to express feelings. So what happens next? Has anyone on here from Northern Ireland had to go through this? What sort of waiting time is there for a reconsideration and, ultimately, appeal tribunal?
  6. The letter from Restons & says re: Debt Managers v yourself It says it is .a Pre Action Protocol and amongst the mounds of included paperwork Item 6' says Am I entitled to see a copy of the actual agreement Answer NO The letter of claim explains that your liability is for money outstanding under a credit facility arising from a written agreement......... However you are now not entitled to see a copy of any actual agreement you signed ie the agreement with your signature on it. A creditor when requested can provide a reconstituted copy ie a template of the original, so please do expect to see your sgnature' Now I know that they do not have a signed copy or otherwise because at the time of the debt (Next) they said they had never had a signature from me & if they sent me an agreement would I sign & return????? of course I did not but it was only verbal with the person on my 'case'
  7. I am a litigant in person in civil court and the defendant has just informed me by email that they have accepted my part 36 offer. They are days out of time and did not complete the form that accompanied the part 36. They want my costs. Pls, could someone tell me what is the next step? I have researched the internet to no avail. Do I discontinue? If yes on what form? I have come too far to fail now.
  8. Folks, Long time since I've been on the CAG. I have had a couple of issues sorted with the help of this site, and I'm very grateful for the support so far. I am now wanting to end another 2 barclaycard accounts, which has balance amounting to 15K in total. One of these (the largest) is an old morgan stanley card bought by barclaycard few years ago. The balance was built up very quickly when the account was opened (circa 2004), and I have managed minimum repayments for many many years. Those are more than £200 a month. I have certainly paid well over 20K on that account over the years, and it's time to end it. So where do I go from here? I'm guessing a SAR for both accounts, CCA for the morgan stanley one? are the rules still similar to those from 2011? e.g. if they cannot produce an enforceable agreement, I can end this quickly? also, i understand there's new legislation around over-limit and late fees which can be claimed back? in my case i'm sure these are significant! Any other advise? I need to end these debts once and for all. Thanks all. NC
  9. Good evening all, I've done a bit of research trying to close accounts which led me to requesting CCA's to Cabot. I sent two for two different accounts which they took off Halifax (1 x CC & 1 x Current Acc Overdraft). I posted the following to them: Dear Sir/Madam Account No: With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974. 2. A full statement of account. 3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 4. A copy of any other documents referred to in the agreement. I understand that under the Consumer Credit Act 1974 (sections 77-79) , I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of £1 which is the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account. A speedy response would be appreciated to resolve the matter amicably. I look forward to hearing from you soon. Yours faithfully THE LETTERS WERE RECEIVED ON 17TH/18TH JULY AND TODAY I RECEIVED THE FOLLOWING LETTERS: Thank you for your CCA request etc etc... We currently do not have this information on file. However I have requested the relevant details, which include a copy of the credit agreement, statement of account and relevant terms and conditions from the original lender. You have requested a copy of the Deed of Assignment. Please be advised that the DOA is a confidential document between Cabot and the original lender. It does not contain any personal details relating to you or your account and is not available for disclosure. We sent you a Notice of Assignment for your account to your address, which is sufficient to confirm our ownership of this account. Only the courts can request this... Blah blah blah. A couple of things here... I asked for a true copy, they are referring to simply a copy. If they do obtain a copy, is this enforceable? Also is it acceptable what they are saying about disclosing the DOA to me? I don't ever recall being sent a Notice of Assignment, if I did, is this sufficient to confirm ownership and enforceable? I have been currently paying towards what they are claiming, on a monthly basis via DMP. The next payment is due in a couple of days. Should I continue paying or is it advisable to stop until they wholly action my request? Thanks in advance and any help/advice/feedback is much appreciated! I'm looking to get a mortgage by the end of the year so I can get my son into the school I/he wants. Many thanks.
  10. Hello all To cut a long story short had some financial issues and was taken to court by moneybarn for a return of goods order which they achieved, just received the court order in the post after a week or so but i need to know where i go from here. I have attached a copy of the order if someone could explain to me what my next steps are and im also very concerned about the £493.00 in 14 days as i do not have that kind of money many thanks steve
  11. I had a Next Directory account opened in 1991 in which was paid off in full in 2004 and closed. On checking my old statements it has come to my notice that their are various monthly PPI amounts deducted (£1,244 in total) in which I cannot locate any agreement to or ever signing anything. I sent the standard template letter with payment requesting Credit Agreement details etc. I received a response from Next advising that when the account was opened a pack was sent to me explaining that PPI was automatically added and would appear on the 2nd statement. I was also invited to write to Next to advise if it was not necessary and how it could be cancelled. Therefore it was not their responsibilty for suitability of said policy as they were not regulated at the time. They also go onto say in the case of Next Directory consent is not given in the credit agreement but is contained within the T & C's which appear in the Directory and on the website and cannot confirm how the account was opened due to length of time ? Next say that they do not need my consent to share information with such agencies as this would be addressed by agreeing to T & C's when placing orders. Finally they are unable to provide a copy of a signed agreement and that by law they do not have to anyway but have sent a blank copy of Credit Agreement and final statement of account details. I have today received a further letter from Next advising that I contact the policy administrator First Assist re PPI complaint, who I called and they advised that it is Next's responsibilty for mis-selling ( as it was sold by Next) and not theirs ? Now my questions are obviously what do I do next ? Do I pursue First Assist / underwriters if regulated ? If underwriters how can I find who they are ? Also do I still submit a SAR to Next or am I wasting good money ? Any advice would be very much appreciated.
  12. Hi All, Possibly a hypothetical question but like to be prepared. Had an interview earlier, job sounds great but when I got home invite to interview from another employer in my inbox for next Wednesday. This 2nd job would suit me better (nearer home, more akin to my current role and better hours). I was told at this morning's interview that they would let me know either way today. If I am lucky enough to get the offer, I would be mad not to accept, but still inclined to go for next week's interview as well. What are the ethics of accepting a possible offer today, then changing my mind if I get the other offer next week? Other half says I need to do whats best for me, and if I end up needing to rescind my acceptance its not a big deal, but I hate to let people down. Might not even get the offer from today, but trying to get my head straight on what to do if it does come good ... Thanks
  13. Good Afternoon, I sent a SAR to Lantern (Formally Motormile) on the 28/09/2018 and I have today received the SAR pack back. I'm looking for some advice on what to do next as I feel all these accounts could be statute barred. I would like to give an overview of each account and what the SAR contains to see if anyone can offer some advice on what my next step should be. Account 1 Value £1170 Account Start Date- 15.06.2012 Default Date- 29.06.2012 Payments made/acknowledged - NO Contains CCA - YES Notice of Assignment- NO Account 2 Value £200 Account Start Date- 30.11.2011 Default Date- Unknown Payments made/acknowledged - NO Contains; CCA - YES Notice of Assignment- NO Chase Letters - 2 Account 3 Value £270.10 Account Start Date- 21.06.2012 Default Date- Unknown Payments made/acknowledged - NO Contains; CCA – YES (Not signed by original creditor) Notice of Assignment- NO Chase Letters - 5 Account 4 Value £250.00 Account Start Date- 02.09.2011 Default Date- 07.12.2011 Payments made/acknowledged - NO Contains; CCA – NO Notice of Assignment- NO Chase Letters – NO Statement of Account - YES Other than 2011/2012 I’ve had no other issues and everything has now dropped off my credit files, I’d just like to put this to bed. I would be grateful of any help you may be able to give. Thanks
  14. Hi! This is my first post so please bear with - also @ mods/admins if this isn't quite the right section please move me! I've recently been told I have been made redundant and have 2 weeks left until I am out. I've talked with everyone I have monthly payments to and cut back as much as possible, but I'm a bit concerned about my car's finance. I can get a temporary part time job at a friend's business that will just about pay for the car (part time, about £750 a month so will get about 550after taxes, etc according to income-tax.co.uk) but I do not know if that's the best thing to do while job hunting. I have a chunk of money in savings that can fund the car but I want to avoid using that for other expenses. I want to avoid debt at any cost as long as it isn't my credit rating - what's my best course of action? Sorry if it's a bit of a jumble - please let me know if you need any more info and I'll get back ASAP! Thanks
  15. Hello everyone I'm using my phone to post this so I'll keep it short foe now and update it in more detail when I can get on a computer. A couple of days a go I recived a claim form from the courts. It says: Claimant = Debt Managers (services) LTD. Solicitors = Restons Solicitors Limited. Particulars of claim: The claimant claims payment of the overdue balance due from the defendant (s) under a contract between the Defendant (s) and NEXT Directory dated on or about Aug 23 2008 and assigned to the claimant on Jun 09 2016. PARTICULARS a/c no - ******* DATE: 19/04/2018 ITEM: Default Balance VALUE: 182.53 Post Refrl NIL TOTAL: 182.53 after all the legal costs and court fees it works out they want about £250. I really can't remember this debt and have even looked back through old emails...etc. It's also quite low value so I would have just paid it if i was aware that I owed it. I just don't want to pay something i don't owe. from reading around it seems my next steps should be to respond to the claim form online and then use the templates on this forum to send a CCA to Debt Managers (services) LTD and a CPR 31:14 to Restons Solicitors Limited. Is this correct? Also has anyone else had any experience with these people ? Thank for any help given
  16. Horizon Parking issued a claim - my initial defence was that I had insufficient information from them to confirm or deny the claim and that I had sent them a Subject Access Request. Got a reminder from the court about a more detailed defence, so using the SAR, I completed and filed the following defence: DEFENCE OF CLAIM BY ORDER OF DISTRICT JUDGE xxx DATED 20 JUNE 2018 1. I have received a copy of the Subject Access Request from Horizon Parking Limited and the paperwork includes parking charge notices and reminders from Horizon Parking Limited. 2. I have not received any evidence of a contract between Horizon Parking Limited and the landowner that assigns the right to enter into contracts with the public and make claims in their own name. In the absence of such proof, I would contend that Horizon Parking Limited have no authority to issue parking charge notices. 3. I have not received any proof of planning permission granted for signage, etc under the Town and Country Planning Act 2007, which puts into question any authority Horizon Parking Limited may have to issue or attempt to enforce parking charge notices. 4. I have not received details of any damages and indemnity costs added to the claim, specifically, the date they were levied, the amount of the charges, a detailed financial breakdown of how the charges were calculated, and what the charges cover. This means that even if the Claimant could demonstrate their authority to issue a parking charge notice, the overall amounts being claimed would be in dispute. 5. The signage in the car park is vague – it states: “Parking limited to 2.5 hours” but there is no mention of any penalties for exceeding this time limit. 6. The signage states in small print at the bottom: “If the driver of the vehicle fails to adhere to the terms and conditions of parking, a parking charge notice will be issued.” There are no terms and conditions readily available despite my request from the Claimant. 7. I contend that until such time as the Claimant discloses material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the Court to determine that money is owed to the Claimant. I believe that the facts stated in this defence are true. I thought this would be sufficient, but have just received a general order of judgement saying my defence has been struck out because it doesn't adhere to CPR 16.5 I phoned the court and they couldn't advise, so I would like to know what options may be open to me: 1. Can I appeal? 2. Can I submit a revised defence 3. Can I negotiate a payment plan with Horizon to prevent judgement being entered? 4. Anything else?
  17. Hi has anyone had any success with claiming money back for the mis-sale of PPI through the Next Directory Store card. I have been told by NEXT that I have paid £1, 130 PPI since 1991. I have made a claim via the PA(GI) ltd , outcome expected next week, but have not seen any successful claims on any forums. Any success stories would be appreciated. Thanks
  18. I have received a letter today from Latern (formerly Motor Mile Finance) about some old short term loans from around 2012. This really is out of the blue, I've heard nothing from them for as long as I can recall and this letter was actually sent to my previous address but was re-directed. It is quite a jovial letter, it reads "So, dust off the BBQ, enjoy the sun and take this opportunity to clear your debts before winter approaches". They're offering up to 60% reduction. This is a summary of the debts: Quick Quid £512 - Last payment date: not shown Northway £838.88 - Last payment date: not shown Think Finance (UK) Ltd t/a 1 MONTH LOAN: £350 - Last payment date 19/06/2012 At least one of the debts (probably all) are 6 years since last payment / taking out the credit so are possible statute barred. None of these debts appear on any of my credit records (Experian / Equifax / Noddle / MSE credit club) 1. What is the best approach with these to avoid acknowledging but ensuring it doesn't escalate to CCJ for example? 2. The address on the letter is my previous address (moved 1 month ago) and the debts relate to an address before that one. Should I do anything about this? I have a postal redirect in place for next 6 months but don't want a door knock at old address because the new tenants know me and my new address. Note that since these bad days of pay day loans in 2012, I have taken responsibility for my finances. I'm a long time YNAB user and have my finances under microscopic control. I have no CCJ's but I do have a some defaults from 3 years ago that are now either satisfied or in a steady arrangement. I'm on the way to cleaning myself up so I don't want to make an error and set myself back. Any advice is welcome.
  19. Hello all. I am hoping for a bit of advice please. I received a very worrying letter from Walker Love today advising that I owe their client £396 (the original creditor was Next Directory...but I believe this is now owned by Lowell). The default took place in 2014 and at the time I was suffering from chronic illness that meant I fell behind with payments. You know the story...it ended in the default. I never denied my debt.. .I emailed and called offering payment several times and was dismissed. ..I was told that their agents would be in touch. Several months later it was sold to Lowell for pence to the pound. I have not paid them a penny to date. I know that Walker Love are sheriff officers.. .and wonder about the seriousness of their letter? I would rather make payment in small amounts than face any further damage to my credit file. I have already suffered for several years now for my silly mistake. My question is how to proceed with them to avoid further hassle? I cant afford the full payment, bills aside I have very limited disposable income.
  20. Hi all I have been on a DMP for 12 years. I have inherited a little money and want to clear down the remaining debt. I have written to all the creditors and made offers of approx 30% of the outstanding amount split proportionately between them. The total outstanding is £7500 and allocated funds are £2500. I could be pushed to clear in full if I had to, without borrowing, but would rather clear for significantly less. I have so far received one reply from Cabot, the largest of the debts, refusing my offer, and suggesting I pay £3856 to clear. I've listed below the debts and where they came from etc. All defaulted in 2005. What are my options? 1 - do nothing until all creditors reply 2 - make a slightly increased counter offer 3 - continue to pay till end of plan 4 - any other ideas Creditor Debt Full and Final Offer made Cabot (egg loan) £4,820.27 £1,662.23 NCO (Alliance & Leicester CC) £1,464.41 £504.99 Fredrickson (Capital One CC) £829.88 £286.18 Link (Egg CC) £135.15 £46.60 Thanks very much in advance
  21. I parked at Euro Car Park on Aytoun St Manchester and forgot to pay. A few weeks later I got a demand to pay £100 as RK I replied with the same CAG advice that has helped me in the past which is : 'As RK I am not liable for this charge. Cancel this charge or alternatively issue a valid code for POPLA. At POPLA I shall be demanding a full breakdown of the genuine pre estimate of loss that this charge must represent. I am under no obligation to name the driver of the vehicle at the time of the event. No further correspondence will be entered into.' This has worked on all previous occasions with other firms but Euro Car Parks have rejected my appeal - citing a number of reasons that all revolve around 'you must purchase a ticket, signage clearly pointed out the terms of the parking contract and potential charges' yet does not once name me or state I was the guilty party (because they know they can't prove it and are just hoping I will own up) and so I am wondering what my next step should be. From reading other threads on Euro Car Park I understand they have no leg to stand on, that they cannot send me to a DCA or take me to court but I am still unsure of how to respond. It seems my options are as follows (along with potential downsides). 1) Insist that they provide me with a POPLA code. Downside being they may do so and I may lose at POPLA. 2) Ignore them. They should go away but I don't want them to take my inaction as weakness and ruin my credit rating by registering me with a DCA. 3) Write back with a withering putdown to show I am not a sucker and that they have no legal ground to enforce a fine, can't prove I was the driver, and that I know their their process of DCA and solicitor threats is all internal and part of the same BS - but this does run the risk of antagonising them. 4) Tell them to either take me to court and prove I was the driver or to go away. Downside being it could drag on and on. My personal preference is for 3) followed by 2). Thoughts?
  22. I took someone to the small claims court. They responded to the initial claim and then did not fill in their questionnaire I have requested a default judgement. Do I need to send them a copy of the form or let them know? Should I do anything else?
  23. Hi Cabot have sent me a reconsconstituted credit agreement and believe it is enforceable can anyone have a look for me, thanks in advance Another page docs1.pdf
  24. Hi please can you help me, I have received a court claim from Arrow from Northampton Court, for the claim of £4900, issued 8 days ago was a bank loan issued opened up in 1998, , last know payment was 2008/9. I have not acknowledged this debt, or any comms from me to Arrow I have filed online that I will contest this claim, hopefully on Limitation Act 1980 can I now send off a CPR18 request to their solicitor ? what is should I be asking for in the CPR 18 ? All of the below 5 details ? 1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. 2.The deed of assignment 3.The notice of assignment 4.The default warning letter 5.The default notice (CPR 31.14 Request only worth doing if debt is over 10k. I may have this totally wrong..) I have read that some people think that a CC Agreement request letter is not really useful (sorry, I cannot remember their reasons for stating this) Is it worth it your opinion to request CCA from the DCA? shall I ring up my old bank and ask them for the last payment date ? thanks for all help in advance
  25. Evening, I am seeking some thoughts from more learned individuals. I received a Claim Form end of Dec 2017 for an old WF debt and subsequently entered my defence on MCOL. This was on the 5 January. Since then I have received nothing further to my formal requests for additional information surrounding claim aside from two chaser letters from Cabot's solicitors detailing their 'client wish to settle out of court' and then '14 days to negotiate settlement otherwise instructions from Cabot to lift stay'. Called the court today and was advised that Cabot / their solicitors had attempted to amend the particulars of the claims on the 11 February but this was denied as they did not pay the fee. Their last letter to me dated 5 March is as above on the 14 days. I'm tempted to actually have the claim struck out as the claim remains stayed open ended. Has this happened to anyone before ? Thanks
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