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Found 698 results

  1. Had a reply from Barclaycard regarding my 1998-2003 SAR request. They claim not to be able to find my statements and need more information. I provided them with my name and the address the cards were registered to at the time. Interestingly Barclaycard claim that the statements are not in their main system, but they state that they do have them. In order to retrieve the statements they need my old card account numbers. Alas I don't have these anymore. Should I just push harder and insist that my name and address are sufficient?
  2. Name of the Claimant ? Jc international acquisitions Date of issue – 28th November 2018 What is the claim for – the reason they have issued the claim? 1.The claimants claim is for the balance due under an agreement with talk talk limited dated 11/12/2012 Which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. 2.The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so. 3.And the claimant claims the sum of £135.30. The claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £10.82 What is the value of the claim? £221.12 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? The claim is from a house phone/broadband account. When did you enter into the original agreement before or after 2007? After 2007 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 debt purchaser issued by MORIARTY LAW. Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't believe so Did you receive a Default Notice from the original creditor? I don't believe so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware. Why did you cease payments? Not sure 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? I don't believe so no.
  3. Ok, sorry, its me again Andyorch, Another Northampton Court Paper has arrived Ive attached details below Name of the Claimant ? Cabot Date of issue – . 12th August 2016 What is the claim for – 1.The Claimant claims payment of the overdue balances (set out below) which the Defendant have failed to pay as required under Contracts with the following particulars Acc No XXXXXX Acc No XXXXXX between the Defendant and Lloyds TSB dated on or about Sept 18 1993 and Oct 06 2005 respectively The Contracts were assigned to the Claimant on Nov 02 2012 Particulars - Acc No XXXXXX Acc No XXXXXX 16/07/2016 - Default Balance - £4500.22 16/07/2016 - Default Balance - £9340.55 Post Refri Cr - NIL Total - £13840.77 What is the value of the claim? £13840.77 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? 2 x Credit Cards When did you enter into the original agreement before or after 2007? Before 2007 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 and yes they have issued Claim 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? Don't think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so?? Why did you cease payments? Lack of work What was the date of your last payment? Defaulted in 2010, but then was paying £1 for a few years, then ceased this about a year ago Was there a dispute with the original creditor that remains unresolved? Don't think so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I wrote to them in 2010, and offered them the £1 per month Ok, please can you help me with what to do next 1. / I need to acknowledge the claim form - I haven't done this yet and intend to defend all of the Claim???? Haven't been able to access MCOL all weekend! 2. I presume I send off another CCA Request to Restons? 3. Send off a CPR 31:14 to Cabot 4. Please can I ask if the 6 year timescale is from when the Debt started in 2010 or when the £1 contributions ended? Your help and advice would be hugely appreciated again with these Court Papers
  4. Name of the Claimant ? Arrow Global Limited Date of issue – 15/09/2016 What is the claim for – The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Marks and Spencer Financial Services PLC dated on or about Jan 27 2005 and assigned to the Claimant on Feb 12 2013 PARTICULARS a/c no - xxxx xxxx xxxx xxxx DATE ITEM VALUE 29/01/2016 Default Balance 6000.00 Post Refrl Cr NIL TOTAL 6000.00 What is the value of the claim? £6600 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before 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. Account assigned to Arrow Global who issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so Did you receive a Default Notice from the original creditor? I do not know Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Received an Annual Statement in 2016. Not ever received a Notice of Default sums Why did you cease payments? Ran out of money so stopped Debt Management Plan What was the date of your last payment? June 2014 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? Yes I was in a debt management plan from 2008 to 2014 I submitted a CCA request earlier this year, when Arrow transferred the account to Restons, and received the following back : '&More' Credit Card Application form - dated January 2005 (see attachments) Credit Card Agreement - dated October 2013 Credit Card Agreement Terms - dated May 2015 Statement of Transactions - October 2012 to November 2012 I have acknowledged service and said I would like to defend all. I will send a CPR31.14 to Restons. Is there anything else I need to do prior to preparing a defence ? JAN2005 S78Page1.pdf JAN2005 S78Page2.pdf
  5. Name of the Claimant ? Lowell Portfolio I ltd Date of issue – 05/12/2018 Date to acknowledge - 23/12/2018 date to submit defence - 07/01/2019 Particulars of Claim What is the claim for – 1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference ***** 2) The Defendant failed to maintain the required payments and arrears began to accrue. 3 The agreement was later assigned to the claimant on ****/2017 and notice given to the Defendant. 4)Despite repeated requests for payment, the sum of £26** remains due and outstanding. And the Claimant claims a) The said sum of £26** b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.50, but limited to one year, being £200 c) costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes i think so What is the total value of the claim? £2900 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. assigned to lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? i didn't receive a notice of assignment but i may have received the odd letter 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 honestly can't remember, i had a lot going on at the time and i did think it was all paid up What was the date of your last payment? 2015 Was there a dispute with the original creditor that remains unresolved? no, although i've no idea how the total is so high as its way above the original credit limit Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? i'm not sure, but i did start a payment plan with them for a while in a bid to stop them defaulting me, I'd missed 5 or 6 payments then started paying again under this agreement for a good few months Hiya, I've received a claim form from Lowell for an old Vanquis debt. I have beat Lowell in court once before for an old catalogue debt, but that was a while ago, and a bit different because I could prove from the information they sent me that I didn't owe the money anyway, and that was struck out. I'm a bit nervous, and as this is for a lot more money than before, and its quite a while since I had to do this so was hoping I might be able to get a bit of help from here. I've been online to try to acknowledge the claim, however mcol has my old address and I cant seem to be able to change it, has anyone any idea how? Also, before i send, am i right that its a CPR31.14 to the solicitors and a CCA to Lowell? Should i also send a SAR to Vanquis? My credit limit was never anywhere near the amount they're claiming I'm sure, so I've no idea how the amount has got this high! This is the form filled in that you request: Any help would be massively appreciated!
  6. I received a ccj through the post which looked like it had originally been sent to my old address then amended and sent to my current address. I checked my credit report and turns out I have 3 at old addresses. I missed the 30 day deadline to pay them due to going to the wrong addresses but don’t have the money to pay them anyway. They are 1. Lowell’s £241 for a H&M account 2. Lowell’s £549 for a credit card 3. BW legal £414 pay day loan -i took out for partner but he never paid they we’re all due to be statute barred this year accord to my credit report. ive lived at my current address 18 months and on the electoral roll since day one. Two ccjs went to my last registered address which I left in 2016 and one went to the address before that which I left in 2012. 2016 I moved into a woman’s refuge due to domestic abuse inc financial abuse where my partner would give me “pocket money” and clearly hid letters about debts as he’d told me he’d paid them! He even lied to hmrc about his income causing an over payment that I now have to pay back! I haven’t worked since 2013 as had to stay home with the kids while he worked and since being on my own childcare proved to expensive to go back to work. I called step change and they’ve said to offer a token £1 payment using form N245 as my income is -£250 a month so I don’t have the money to pay the ccjs. i was thinking a DRO might be better as I have other debts on my credit file too including another pay day loan coming up for statute barred so they’re likely to apply for another ccj. i really don’t want bailiffs turning up
  7. Hi I started a Ppi claim with Lloyds a few weeks ago there were 9 old loan account from 1992 to 2000 with Ppi. I should have my response in Aug. But this week I have received 2 letters in the same envelope to old address even though Lloyds have new my address due to claim. One is from Lloyds saying they have sold my debt to asset link the other from asset link. I know there's a Lloyds charge on my old house from 2006 (ex wife and kids live there but my sole mortgage) as its on land registry. Any one know why I've been sent letter? I assumed they would offset against any debt anyway. Any advice on what to do I will upload letter off asset link. PDF Photos 16-07-2016.pdf
  8. Hi..I'm a newbie here so thanks in advance for your help. I got into financial trouble in 2007 with an unsecured loan my ex husband got me into (it's in my sole name). I divorced my husband and missed payments on my loan. It went into default. Lloyds got Apex involved, I made an agreement and started paying £60pcm. Life moved on, the default timed out on my credit file, I moved house but carried on paying. I struggled financially and lowered my payment to £50pcm. 1 year after lowering my payment brings me to present day. Robinson Way have been calling me asking for me by my married name so i made the assumption its to do with this (i have no other unpaid debts). I called them and they confirmed they were instructed by Lloyds in September to collect in excess of £17k I'm still paying Apex! I said I would not enter into a discussion and asked for a copy of the agreement this refers to, a copy of the assignment for them taking this debt on and a statement of account. They agreed and said my account would be put on hold whilst they gathered the info. I asked for this to be put in writing to which they agreed. I had to give my correct address for this to be sent. Have I done the right thing? Should I continue to pay? Many thanks
  9. Hi All, Been a long time since I've been on the forum but need a little advice if possible. I believe I defaulted with Barclay card back in 2010 but I'm not sure of the exact date. Had personal/business problems back in 2010 (actually before if you see my posts) which ended with me becoming divorced. After this point I "stuck my hand in the sand" and ignored a lot of the relentless letters from them (and others) as the recession had wiped my business out and I had far bigger things to worry about. Over the years I haven't heard much from BC seeing as I'd left the marital home. Some letters did go to the old house but were ignored/binned and some of these were from various debt collectors. I know - not clever. I've started to to get a few letters recently from Robinson Way at my new home address that I'm renting (on the electoral role) and even an email to my business email account. To date I haven't replied to them but can't work out how the debt they are chasing for has gone up to £7684, my original credit card limit was £7k I think. As you can possibly gather I'm not in good position with facts as a lot of this got lost all those years ago. I've moved on in life and have remarried and don't want all the relentless hassle these companies make however I do want to fix my credit file. How/should I communicate with them? Don't really want all the pestering of paying them this inflated/made up figure with the penalty of them marking my credit file for another 6 years:evil:!! Thanks guys
  10. Hello all, My first post on this great forum - very nervous and very worried. Please correct and advise me if I do anything wrong or don't follow correct protocol as I'm not a regular user of any forum! I had two credit card accounts with MBNA one started 1996, the other in 2001. I believe I stopped paying the full repayments around 2005 due to losing my job and the resulting financial problems and agreed with MBNA a reduced, interest free monthly repayment. Some time later I received letters saying both accounts had been assigned to a debt collection agency who would now be taking over the accounts. I think these were possibly re assigned two or three more times to different agencies over the next couple of years but my memory on these is not so good as I was suffering from severe depression around this time and on prescribed medication. I probably ignored and binned any correspondence from around this time. Most recently, around November 2015, Arrow Global took over both debts and on 05 August this year I have received two Court claim forms (one for each account). I read a few threads and have responded to the claim online at moneyclaim.gov.uk to acknowledge service and stated I wish to defend. Now I'm struggling and worried sick that my head might go again and would be so grateful for any help you wonderful people could provide. I don't think I have a lot of time to respond?
  11. Name of the Claimant - Arrow Global Limited Date of issue – 05 August 2016 Date to acknowledge= 24/08 + 14 days date to submit defence = 06/09 (33 days in total) - What is the claim for – the reason they have issued the claim? 1 - The claimant's claim is for the sum of £1547 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank Limited (No.XXXXXXXXXX) and assigned to the claimant on 30/11/2015, notice of which has been provided to the defendant. 2 - The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974 3 - The claimant claims the sum of £1547 4 - C has complied, as far as necessary, with the pre-action conduct practice direction. What is the value of the claim? £1547 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card account When did you enter into the original agreement before or after 2007? - 1996 Assigned - Debt purchaser (Arrow Global) has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I received a few different ones assigning it to various debt purchasers over the last few years. Arrow Global being the most recent. Did you receive a Default Notice from the original creditor? - Do not recall - I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I don't think so. Why did you cease payments? - unsure - possibly 2010 What was the date of your last payment? - unsure - possibly 2010 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? Explained loss of job and financial issues and agreed and paid reduced, no interest monthly payment to MBNA until assigned to Debt Collection company then no further payments made.
  12. Hi, I'm new to the forum, but have been a long time lurker. First of all apologies for how long winded this is, but I hope I include all the relevant information. Alleged card debt from card taken out in 1998. Alleged debt approx £5k. Card sold to IDEM Capital Securities August 2012 Alleged Card default August 2013. Idem Capital Securities assigned alleged debt to Arrow Global November 2015 About three years ago I received multiple claims for alleged credit card debts, and with the help of this forum managed to get one claim dropped and ended, one victory in court and a few claims stayed, so thanks for the help there! Anyway, one of them doesn't appear to have gone away, and Shoosmiths appear to be applying to Northampton County Court to get a stay lifted and have my previous defence struck out pursuant to CPR 3.4 and obtain summary judgement pursuant to CPR 24.2 they claim I have no grounds for defending the claim. This was my original defence: So my defence was submitted, along with two other defences on the same date. Nothing further was received from Shoosmiths or the courts, and the claims were stayed. I should have asked to have them struck out, but I wasn't fully aware of the procedures, and couldn't afford to pay anything to the courts. So roll on two years and three months, and Shoosmiths start writing to me again, saying they did not receive my original CCA request or CPR18 letter in 2016 (funny how two more were received, and returned, and they were all sent in the same recorded delivery envelope!) They now claim they have provided all of the relevant information, and I still dispute this. Their alleged agreement is an application form for a card around the time I had allegedly taken out a few credit cards. Their "terms and conditions" is a reconstituted partial list, it even says for items X,Y,Z refer to your terms and conditions! They then have another set of terms including MBNA web address details, the web address didn't exist in 1998! Their letters also refer to one credit card number, then it changes to a new card number that they have assigned, which to me just points to multiple pieces of incorrect or fabricated information. I chose to ignore all of this further correspondence, as the claim was stayed. Then earlier this week, they have sent a further copy of this "information" along with a covering letter to me as follows: This covering letter includes a copy of their N244 Application Notice to lift the stay and all previously submitted information. Again, apologies for the long winded post, but I ask, how should I either try to stop this dead, or again defend? I am actually happy to attend court if it comes to that. I read on one of the other threads that this could be submitted. Would I be able to use it as a reply, as it has taken them over two years to get incorrect information that they think they can use in court? If anyone can reply, I'd like to say thanks now, and I will be extremely grateful. Will come back with the results.
  13. Hi My wife has received a Pre-Action Protocol for Debt Claims from Drydensfairfax, for an old debt from 1998 at an old address. Arrow recently started sending letters to our new address and continued despite being returned as not known at address. They now appear to be instigating court proceedings. Unfortunately I expect this is not outside the statute of limitations as I have been paying £1 per month by standing order since she defaulted in around 2000/2001 (from my account not hers). Whilst she is working, she is not in a position to pay it off as she is currently just managing to maintain her current credit. Naturally we do not want a CCJ, ideally she is hoping to consolidate her current debt soon to help manage and prevent her credit status worsening. I would really appreciate any advise you could offer, in particular could I ask: - should I send the suggested CPR 31.14 request (as this seems to mention a specific court that has not yet been advised)? - should I send the CCA request to Dydyenfairfax or Arrow? - I have seen a Debt Prove it letter, would this be appropriate? Also, I have listed below the details as suggested: Name of the Claimant ? Drydensfairfax Solicitors/Arrow Global Guernsey Ltd Date of issue – 04/02/2019 Date to acknowledge) - 09/03/2019 - We are instructed by our client, Arrow Global Guernsey Limited, in relation to the above debt. If you do not provide proposals to repay this debt, or respond as otherwise detailed in this letter and it's attachments, legal proceedings may be issued against you in the county court. If such proceedings do become necessary, further costs will be incurred for which you may be liable. The proceedings may then result in a county court judgement being entered against you which will be registered a the credit reference agencies and is therefore likely to affect your ability to obtain credit in the future. Full details of the debt are set out below: The amount owed is £702 and no charges/interest are being added at this stage A statement of account is attached ---(an account summary showing only start balance (£823), total debits (£17), total credits (£138) current balance (£702)--- The agreement this debt relates to was entered into between you and Shop Direct (Carval) on xx/xx/1998 and assigned to Arrow Global Guernsey Limited on xx/xx/2011. A copy of the agreement can be requested using the reply form. ---(should I do this also?---- Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Don't know Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No What is the total value of the claim? 702 Is the claim for - catalogue When did you enter into the original agreement before or after April 2007 ? before, it was 1998. Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not on my copy, I don't know if deeper searches with linked addresses are any different, credit score is low but I thought this was due to current level of debts 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, Arrow Were you aware the account had been assigned – did you receive a Notice of Assignment? probably but to a previous debt purchaser, it was back in 2011 when Arrow took over but we moved house in 2008 Did you receive a Default Notice from the original creditor? Yes, around 2000/2001 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know, possibly, but moved house in 2008 and only recently started receiving letters to new address Why did you cease payments? Husband has maintained £1 per month standing order throughout, still paying unless their bank payment details have changed What was the date of your last payment? Feb 2019 unless their bank payment details have changed Was there a dispute with the original creditor that remains unresolved? No, due to credit difficulties Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes and Yes Many thanks again in anticipation of any advice you can offer.
  14. I had a quickquid loan back in 2012 didn’t end up paying it back. It doesn’t show on my credit file. Quickquid sold it in 2013. It’s currently with PRA group who chase me for it sometimes. Now I was on a payment plan with payplan with last payment being in July 14. I asked payplan for records of who I was paying and I cant see anyone listed as quick quid theres one on there called Mackenzie Hall and cash window there the only ones I cant remember or are not sure who I might have been paying, I’m worried PRA might go to court before this is potentially stat barred(if I did make a payment in July 14) Do you think I should do anything, my last payment to quickquid would have been in 2012 so its stat barred if that’s the case, it’s just whether I did pay anything with payplan and it’s gone to a random debt collected. Do you think I should be proactive and get an IRL complaint in or not do anything?
  15. Please can anyone help with advancing this? I would be really grateful if a Default Notice 'Expert' could kindly offer me any advice. I have a long standing dispute with a Creditor on my DMP – MBNA/Moorgate (sold to IDEM post complaint Oct 2016). Original creditor MBNA on DMP May 2009, sold to Moorgate 2012, Default Notice from Moorgate Dec 2013 but binned by them (even though letter to terminate agreement thereafter also and no other monthly statements received), they didn't record the Default Notice with CRA either, I have (Moorgate) arrears markers from 2013 to current. I have thus far complained to MBNA (& Moorgate) to request a Default Notice to be issued and recorded from the start of my DMP May 2009 (when the arrears started – as comfirmed on all their MBNA statements I have and evidenced to all, as I defaulted on original T&C paying reduced monthly payment under DMP), MBNA refuse to add a Default Notice as ‘relationship continued’ and I entered into a payment arrangement with them’, Moorgate refuse more or less on same grounds and say their previous Default Notice was scrapped as they were contacted re payment continuation, so didn’t record. The Adjudicator at the FOS has come back to me, she says MBNA have ‘foggy’ evidenced that I continued to meet most of my monthly payments with them (??!!), she seems ‘Exacerbated’ of her telephone conversations with Moorgate, and has decided to not uphold my complaint altogether as she doesn’t think either have acted unfairly??? She has said I can ask an Ombudsman to take a look also… .but that they are ‘likely to agree with her’. I am quoting the ICO guidance version 3 2007 to FOS, however the Adjudicator has said ‘More recent ICO guidance states that there are exceptions and a Default Notice shouldn’t be added if a payment agreement has been entered into, such as a DMP.’ I have sent the Adjudicator absolutely everything so I am confused, am I barking up the wrong tree here, I don’t know what else to say to them other than the enormous evidence and several emails that have taken place …..please can anyone offer some advice (it will be on my CRF until 2026 ?) Moorgate have told the adjudicator, if I stop paying now for 3 months, they will re-place their original Default Notice of Dec 2013 as this pertains to the current arrears. Do I upgrade to an Ombudsman and stick with it for MBNA Default May 2009 or / stop paying 'now' IDEM and expect DN Dec 2013 reignition from Moorgate (?!) Thank you so much for reading in advance… Arrears with MBNA May 2009 until sale to Moorgate March 2012 (MBNA told Moorgate the account was up to date - this is totally untrue as was mounting arrears against T&C although of course MBNA don't record these) Plus x 3 seperate missed payments with MBNA Moorgate arrears from September 2012 4 seperate missed payments with Moorgate to date. Moorgate sold to IDEM in December 2016 after my complaint.Save Save
  16. 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
  17. Hi, i took out an mbna card in around 2002 (unsure of exact year) i was made redundant and ran up debts, on returning to employment i started to pay them off for many years, however the interest rates kept going up and eventually (aug 2012) i just stopped paying completely, initially i intended to enter into a debt arrangement scheme but mental health issues and anxiety/stress meant i just started to ignore it! I have ignored this situation for almost 5 years Recently found out that after 5 years its unenforceable. ive been praying that it would get to that point to relieve this stress Balance is sitting at around £8.5k I have always had PPI on this card I phoned broadies on receipt of the letter to request a CCA which they said they'd send. I have not received anything, does anyone have any advice, ive no idea what to do next? im scared they dont send any on for because it was done via phone, should i email them? just checked and my first month of not paying was august 2012, last recorded payment was july 2012
  18. Hello I have received a letter dated 21/12/18 from Lowell Solicitors regarding a 12 month contract I entered into with BT PLC 30/08/14. I believe the contract was entered into over the phone. As far as I remember I made regular payments and gave 30 days notice over that I did not want to roll on to a month to month contract as stipulated by them over the phone towards the end of the contract. I was a student in university at the time. The debt stated as owed to Lowell is for £288.31 due to me not making agreed payments to BT PLC and was purchased in 15/09/17. I queried this with them over the phone and they stated that it was for air time and an early cancellation fee. My issue is that I was told I would not face an early termination fee to the best of my knowledge and that I made regular payments as well as at no time was my service terminated. Lowell stated on the phone there was no obligation for them to provide any kind of evidence and could only offer options as well as no legal advice. The letter from Lowell Solicitors states I must respond within 30 days to prevent a court claim being filed and a potential CCJ being issued against me. This could seriously hurt my career as I work for a bank and upon taking my current job ( A promotion ) was investigated for any CCJ's I might have against me of which I had none. I have contacted BT PLC and they will be responding within 7 - 14 days with access to my final bill and potentially account note access / phone logs if any are held. Originally I contacted BT PLC and was put through to their accounts department offshore. No one at that level could see anything wrong with my account, with one lady stating I just needed to pay an early cancellation fee of £60 and my debt could be removed / recalled. I did not take her word for it and asked to speak to a manager who stated this was not the case and apologised as well as lodged a complaint but stated he could not enter the account due to the age to offer an explanation. It wasn't until I reached out to BT via their forum that I was contacted by onshore mods who have come to the above resolution to my query. What can I do to dispute this debt? What rights do I have? I plan to pay the debt if it is genuinely owed and I have really made some kind of mistake or a payment has not been processed. Additional information that might have some relevance is that I moved out of the property towards the end of that contract with it being a student private rent and have not received any communication from BT / Lowell regarding this debt to the best of my knowledge and I do not know how they have found me at my current address to issue this threat letter. Attached are is a copy of the letter I received with personal info taken out. Any advice offered would be greatly appreciated.
  19. Evening, I recently obtained my credit file from noodle and found A CCJ from 2014 on my account (genuinely don't recall this). Did some digging and it was for a capital one credit card back in 2012. I sent a CCA request to BWLegal who provided me with a copy of the agreement and a statement. Here is the details below; Account Opened - September 2011 Last Payment Made By Me - April 2012 CCJ Registered - August 2014 I have had nothing to do with this Credit Card since my last payment to it in 2012. The balance is relatively small. What are my options. Would this not be class as statue barred or does the CCJ cancel that out? Thanks in advance
  20. Hi guys, this is an odd one, bare with me. A couple hired a car and the same night broke their window. Few minutes later the gang they had planned with drove away the car. Some time later when the tracker was removed or when it was secure they alerted the couple. Few minutes later they called the police. The story the couple used is we were asleep, we were woken by some noise and after looking for the cars etc we realized the keys were missing and that the window was broken. Unknown to them their tenant over heard many things including them visiting the gang leader few times to claim their money. He also over heard the couple explain to the police and some insurance people including the person they had hired the car from. All the tenant knows is name and color of the car and rest of the above including the gang leaders name. Now with the above information if he goes to the police I am sure police have absolutely nothing to go on. However if he takes a lie detector test and with a written statement via a solicitor police might do something however the lie detector test is not accepted. So only conclusion is to find the insurance company as they use these methods. So I am sure if he goes via the insurance company he may get better results of them being prosecuted? What is the best method of them being screwed over this crime. (the tenant is their relative. He stayed until his studies were over, as he declined to marry the wife's relative, things went sour. They informed his family who were also backing the tenant with finance for studies many stories which forced them to stop. He failed to do his masters and had to take a rubbish job. Many years later now he has discovered all this.) This crime is at least 6 years old. Anyone know the best way of them being done for this crime. BTW they got cheated. The gang leader did a runner and when he appeared he said the car was stopped by Nigerian customs. So no sale no produce. Ali
  21. Hi all, Been a while since I've been on here. Have received a letter before action from Kearns on behalf of link financial for an old MBNA credit card debt. The debt is circa 2007. I haven't been chased on this or had any correspondence on this or made any payments on this for over 6 years for sure. I have attached a copy of the letter. Please advise course of action? If I am honest, I have moved address and Link have recently chased me for another one and I feel they are phishing on this one as I basically disappeared for 6 years. Letter attached for advice. Thanks!
  22. Hi all, Looking for some additional advice as I appreciate that this is a topic well covered on the CAG forums. I have had a look on the CAG forums at similar cases to get an idea of how to proceed with a claim that Lowells are making towards my girlfriend - I'll state at this point this is on behalf of my girlfriend as she isn't any good at this sort of thing. Please see below particulars of the case they are bringing. I hope everything is covered.. Name of the Claimant : Lowell Portfolio I LTD Date of issue – 19 Jul 2018 What is the claim for – the reason they have issued the claim? 1) The defendant entered into an agreement with O2 (UK) Ltd under account reference xxxxxxxxxx ('the agreement'). 2) the defendant failed to maintain the required payments and the service was terminated. 3) the Agreement was later assigned to the Claimant on 30/04/2013 and notice given to the defendant. 4) Despite repeated requests for payment the sum of £796.54 remains due and outstanding. And the Claiment claims a) The said sum of £796.54 b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to th date of issue, accruing at a daily rate of £0.175, but limited to one year, being £63.72 c) Costs What is the value of the claim? £990.26 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile account When did you enter into the original agreement before or after 2007? I'm guessing after that date! The original account (according to her credit file) was opened 25/09/2007 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? I believe the account was assigned to Lowells as they stated this was 30/4/2013. Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to the best of our knowledge but we've only been together 6 years, and 4 years in our current property. It's possible something was sent to an old address. Did you receive a Default Notice from the original creditor? No idea. In all honesty a lot of these because of the age and the fact she's no longer an O2 customer go in the bin. There's also the fact we've moved three times, finally settling 4 years ago. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again not sure, as above... Reading some other CAG threads would this not be applicable as mobile phone contracts are not covered by the CCA? Why did you cease payments? No idea. She had this account before I knew her, and I believe it may have possibly had something to do with her state of mind at the time. She split from her ex who she was with for 15 years and got a bit depressed. Working as a carer on basic minimum wage and living alone for a time, so probably got swept away. What was the date of your last payment? No idea on this. Have contacted O2 with a kind of altered SAR directly by E-mail requesting details they hold on her 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 going to fill out the AOS on-line on her behalf (praying that this doesn't get as far as court as neither of us will be up to that) However I would appreciate some advice on whether this would possibly be statute barred? I understand why they are bringing the claim now as it's just under a year before the 6 year period runs out. But surely the 6 year period runs from the last date a payment was made? Am I right to go down this route of defence? And am I right to hit O2 with a SAR. (I'm expecting them to have little information though on her as the account was opened 6 years ago, although assigned to Lowells just under 6 years ago) At this stage should I specify that I'm contesting the entire claim or just part of it? She had an account and it's likely the contractual term hadn't ended but it's hard to know exactly at this stage what terms she was under as the account was opened 5+ years before it was assigned to Lowells. Given all the uncertainty I'm leaning towards contesting part of the claim? Would that be the best course of action? and then hit them with a CPR 31.14? Many thanks in advance,
  23. 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'
  24. recieved on Saturday a CCJ claim from Lowell stating that despite previous attempts to contact me they have now issued a CCJ claim. The 3 contract was from 2015 from what i can work out. can anyone help please. The issue date is the 5th december. Cheers
  25. I do not know what to do with this, I received an Interim Charging Order today, with a hearing on 2nd December. I have not defaulted on the arranged payments which are £30 per month starting 21st October, this was arranged by a Variation Order. However Capquest have put on the form that this CCJ was not payable by instalments, which must be how they got the Order. I have phoned them and they say as the £30 a month is just a token gesture they are still going for the charging order, as they say I have defaulted on the total amount. The total debt with charges after the CCJ was £1404 but now they say it has gone up to £1600. I never had a credit card with MBNA in the first place they bought Benefical Bank with whom I had the card and just kept adding on charges. The hearing is at Bradford court which is miles away, so I will not be able to attend. I always thought they could only get a Charging Order if you defaulted on the ordered payments. Can I do anything about this.
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