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  1. Hi all, I recently CCAed all my creditors in order to try and sort out my finances finally. I have been paying £1 token payments to each, having defaulted on all over 6 years ago. I have moved house a few times since and have lost track of what has happened to them all. having sent a CCA request to Robinson Way, who I originally dealt with for a Halifax debt, I received a strange reply, returning my £1 PO, and saying that "the account is closed on our files, please contact our principal". This was written on a very unprofessional piece of paper that looked more like a memo than a letter! Has anyone got any advise as to how I should proceed with this? The 12+2 days are definitely over. As Robinson Way were dealing with this, is it still their responsibility to respond to my CCA request? Thanks AM
  2. Hi, I opened a credit card account with vanquis in September 2005 and stopped paying them around early 2008 as they were hammering me with charges and i'd pay them what they asked for and the next month there'd be another charge. Obviously they must have defaulted the account and sold it on to lowell. I've only recently been checking my credit file and noticed that the default date for the account is september 2013. The cynic In me feels that lowell.s may have done a bit of sleight of hand with the default date as I doubt vanquis would have waited over 5 years to put the account in default. I no longer have the account details for this, so is there a way I can Sar them without the account number and will this reveal the correct default date or would I need to request that seperately?
  3. My partner has Autism and OCD, this was not taken into consideration at any point of the Court Proceedings, does this constitute to an unfair trial ? Is it against the rules to have the Same Judge at your Appeal hearing, as at your original trail, in the (secret) Family Courts ? If other rules were also breached, causing an unfair trial, can I subsequently take any action in respect of these ? Any help or advice would be much appreciated. Many Thanks
  4. Hi, I have been paying off an old debt to original creditor at £10/month for the past 9yrs. I recently got a letter from Nolans Solicitors telling me that Marlin have appointed them to request payment of the full amount which is over £9k, a way load more than original debt. I have noticed the original debt is no longer on my credit file I have still kept paying the £10/month to the original debtor. Can anyone advise what I should do? It was taken out about 12yrs ago. Thanks
  5. I'm in a bit of a pickle and am hoping someone can help me work out how to get around this: I bought my partner an Apple laptop via eBay three years ago. All seemed above board, but I collected in person and the seller insisted I pay cash as they didn't want to risk a Paypal chargeback - fair enough, I thought. At the time, they assured me they would send me a copy of the original Apple sale receipt and I asked several times. The seller then stopped responding to my messages. Not an issue, I thought, since I had the laptop and didn't think the proof of purchase would be an issue. To prevent the laptop being used if stolen, we put a firmware password on the laptop - this is a low-level password that effectively locks the Mac altogether if the hard disk is changed, which makes it very difficult for thieves to use the laptop if they steal it and try to wipe the hard drive. Six months later in 2015, we realised that we had forgotten the password. We took the laptop to Apple and, after e-mailing every bit of correspondence I had had from the eBay sale and with the seller of the laptop, a nice chap at Apple Ireland authorised my local Apple repair shop to reset the firmware password. Thinking we were out of the woods, my partner put a new password on the machine, wrote it down safely in a book, and that was that. Fast forward to two weeks ago, and we have realised that we have once again forgotten the password, and, having moved house, have lost the book. However, this time, Apple have refused to reset the password, because we don't have the original sale receipt for the laptop. Apple have said that, since we don't have the original proof of purchase, we will have to pay around £500 to have a new main board (the logic board) replaced. My instinct in this matter is that, having proven once beyond reasonable doubt that we are the legitimate owners of the laptop, a reasonable person would believe that we are still the rightful owners of the laptop, and Apple should remove the password. If somebody could help, we would be most grateful (in fact, if you can help us get Apple to authorise this password removal, I will send you £50 and a crate of beer/cider/wine/fizzy pop of your choice) Thanks ever so much! Alex
  6. Hello I received a citation for an old credit card debt and was wondering if any one knew how to get the date extended so I have time to make up a defence if this is possible? I'm in Scotland Many thanks Tom
  7. Currently running at 87% of decisions same as original DM decision because.... This folks is why you should ignore the DWP and appeal! I'll give DWP DMs the benefit of the doubt here as although my last MR for DLA was refused.... the Mandatory Reconsideration DM actually didn't write against my new lower award but how I could win at appeal! Bizarre but true ! Reddit thread Rightsnet thread https://www.rightsnet.org.uk/forums/viewthread/11271/
  8. Hi seeking some advice if possible , i read some of your posts regarding Lowells and i sent a request for a copy of the original credit agreement using the template supplied on site. I received a letter sometime back saying they would request it from the credit card company and that would take 40 days !!, as of today 14/12/16 i received a recorded delivery letter with an enclosed copy of a so called original agreement , this agreement has no date on it , no agreement number on it no signature on it and the address is spelt wrong it looks like they have just typed it up and sent it off This can't possibly be an original copy can it ? the original was taken out in 2012 they also attached some copy of statements which do have the address spelt correctly .
  9. My request is a simple one, I want one or two set of Blank Used Empty Original HP Cartridge for Refill Purposes. Model is 953 or 953 XL Printer Model is Officejet Pro 8715 Any one any idea of how I can source these, please let me know. It has to be Originals. Thanks all.
  10. Hi all, Bit of background ... I fell into a bit of money trouble back in 2011/12 and fell behind with a multitude of things, which manifested in 7 defaults being placed on my credit file (I know, right?). I'm glad to say that all is reformed, I'm in stable employment, my finances are doing great (aside from not being able to get reasonable credit, of course) and the defaults have started to drop off (3 down, 4 to go). Once I had gotten myself back into full time employment, I settled all of my debts outright. One in particular was a credit card with MBNA/Virgin. I settled this directly with them. On review of my credit file, I noticed that MBNA and PRA Group were reporting two entries for this same debt. I wrote to the CRAs and they removed the MBNA entry, leaving PRA, which is showing as settled. My question is, if I settled the debt with MBNA directly and they registered the default, do PRA still have the right to process my data and keep this default on my file? Surely if any default should have remained, it should be MBNA, since they are the only company I dealt with and the creditor with whom I settled the balance? Thanks for your help!
  11. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue: 29 Feb 2016 defence due by 4pm 1st april What is the claim for – 1.The claim is for the sum of £11,028 in respect of monies owed under an agreement with the account no. 4929… (16 digit ref) pursuant to the Consumer Credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The claimant claims. 1. The sum of £11028. 2. Interest pursuant to s69 of the country court act 1984 at a rate of 8 percent from the 29/07/2010 to the date hereof 2035 is the sum of £ 4919 - [How can they make a claim to 2035?] 3. Future interest accruing at the daily rate of £2.42 4. Costs What is the value of the claim? £16,765 Is the claim for a current account?: Barclays Credit Card When did you enter into the original agreement: 25th April 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. HPH2 Did you receive a Notice of Assignment? Yes, from Hoist Portfolio 2 Limited, stating MKDP LLP has assigned rights to them on 01 Oct 2015 and HPH2 appointing Robinson Way Limited to manage the account. Did you receive a Default Notice from the original creditor? No, not heard from them since Feb 2012, they did write in 2011 assigning MKDP LLP Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Business went bust, leaving me with £70k worth of personal card, loan and HMRC debt, I’ve never recovered from it, finished therapy less than a year ago, I’d struggle to pay them all £50 a month combined at the moment. What was the date of your last payment? Nov 2009 – Account defaulted 29 July 2010 Was there a dispute with the original creditor that remains unresolved? I paid Moment Networks £5k to handle all debts, as advised by the administrator of the business (who was wound up themselves) and Moment was wound up as well, turns out it was a con and this company also went bust. Barclays don’t recognise them and this left all the debts with me and a lot of grief from the business side as well. Did you communicate any financial problems to the original creditor and make any attempt to enter into debt management? I never made a plan with Barclays, I communicated that Momentum Networks was taking over the account, but obviously that fell through, I then disputed ownership. All my debts are in the sixth year, is it correct they're removed from my credit file as well? Obviously getting a county court judgement now would not be helpful either. Looking for a way to defend myself and to progress, would love to finally clear my name up. Today I received the following claim, I'm looking for guidance on how to move forward. I had 8 debts,, some of which are now settled (not by me), three remain and this is one of them.
  12. https://www.whatdotheyknow.com/request/assessment_of_deferment_applicat#incoming-562041 dx def process.pdf ref sheet.pdf orig def form.pdf
  13. Long story short. Around April last year I bought a guest bed for the spare room. The bed has only been used about 10 times as it's a guest bed, however the frame has broken and is fairly unusable as a bed. I've contacted Halifax to raise a S75 claim, however they are saying as I do not have the receipt to prove I purchased the bed, I am unable to make the claim, even though I have provided them with a statement showing the purchase. The bed cost £199. The store I bought the bed from went out of business late last year, so I have been unable to contact them. Do I need the original receipt to make a claim?
  14. I received an NIP in late August early September for doing 36 mph in a 30 mph zone in July,got flashed by van. I admit that it was my fault and completed the document accordingly giving all of the required information and posted the form back to the relevant authority awaiting to hear what my punishment would be:|. I heard nothing until receiving a letter from the authority yesterday with my name incorrectly stated, requesting that I complete another NIP due to the fact that the original NIP was addressed to my company name as I operate from home as a sameday courier and my vehicle is leased. The covering letter from them states as follows: 'Thank you for returning the completed combined Notice of Intended Prosecution/Request for driver identity in response to the request by Sussex Police to supply information under section 172 of the Road Traffic Act 1988. Unfortunately you have completed the form in a way that does not satisfy the lawful request for information made by Sussex police. The reason for this is that the document was not addressed to you personally i.e. it was addressed to another person or a company. The person or company are required to nominate the driver at the time of the offence and then return the document back to Sussex police. On receipt of the combined Notice of Intended Prosecution/Request for driver identity,this office would send a request personally addressed to you as the driver,which must then be completed and returned. Therefore please find enclosed a new document now in your name,which you are required to complete and return within the specified period.' My point is that they admit to already having all my details on the original NIP form which I completed in good faith,it is not my fault that their letter was incorrectly addressed and I have never been in this situation before. I am inclined to return this 2nd NIP incompleted with a covering letter explaining my position as I fail to see why I should complete same again due to their incompetence. As I said they already have my details which I have fully disclosed so how can they accuse me of committing the offence of non disclosure if I return the 2nd NIP blank ?? Any advice/opinions would be greatly appreciated:-D
  15. Hi, We have a credit card debt with MBNA taken out in 2008 which defaulted in 2013. It is showing on CRA as 'satisfied' with MBNA, but then appeared as Aktiv Captial, who chased through 2013 - 2015. The debt is now with PRS Group and we have had a letter asking for payment or Court Action will ensue. If the debt is showing 'satisfied' can PRS still push for payment, or is this 'satisfied' because the debt has been bought? We wrote to Aktive in 2013 asking for CCA, they sent us photocopied version, scribbled numbers over and no sig. Do we just ignore PRS? We have had one succesfully thrown out case with another card company who folded at Court, can we do the same again? Thanks skywalker
  16. Name of the Claimant ? Cabot Financial UK Date of issue – . 12 Feb What is the claim for – ? 1.The claimant claims payment of the overdue balance due from the defendant under a contract betwen the defendant and capital one dated on or about april 18 2013 and assigned to the claimant on sep 28 2015 22/01/16 default balance 305.70 What is the value of the claim? 305+costs 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? 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, I have Notice of sum in arrears 5/10/14, Notice of default 2/11/14, Statement of default 4/12/2014 All sent directly from Capital One Why did you cease payments? Repayments got out of hand & I did not seek help when I should have done. What was the date of your last payment? Unsure, all statements were online, I have no paper statements for reference 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 managemnent plan? No I have acknowledged service & believe there are many default charges in this balance which I would like to contest. The POC is now incorrect as I made a payment on 10th Feb & I'm due to make another on 11th March as per a letter I sent letter which I sent to Restons prior to receiving their claimform, this letter has been returned to me stating they will not acknowledge receipt or respond to any letters without my signature claiming they must be sure who they are corresponding with, after they were sure enough of my identity to issue court paperwork to me of course! I'm assuming I need to send a cpr.13.14 now but can I simply initial the letters rather than using my signature? Also how will I tackle the charges issue? Thanks for reading this, all help is greatly appreciated
  17. I have a number of defaults on my credit reports they are about 4 years old. I am thinking of writing to each creditor/collection agency asking to produce copies of the default notice and the credit agreements. My question is this. If a creditor or collection agent cannot send me copies of the original default notice and the original default becomes unenforceable is it possible for them to issue a default notice following this for the same account? therefore a 2nd default on that same account would be on reports for another 6 years? Thanks in advance.
  18. What if anything do I do next?? I have recently found out that Cabot have bought another of my old debts from Yorkshire bank, the difficulty is that Yorkshire bank took me to court in February 2011. after I gave them the request for my original signed documents they then wrote to me stating the debt was unenforceable. Should I tell Cabot about this or wait for another claim form?
  19. Hi, we are currently being pursued for a debt by the above three (which I understand are all the same company). The original agreement for this was in 2003, although payments were made to them through a DMC and I think the last of this would have been in 2008. The debt stayed on the credit file and we think it may have been resigned in or around 2007. However at our request as Equifax have removed this debt from the credit file. Can these people apply for a CCJ or not? does a debt become statute barred six years after the original agreement or six years after the last payment was made to the account? I plan to send a CCA letter to them but if they are able to provide a copy of the agreement would the debt be statute barred anyway if the agreement is dated 2003? I should point out the the original loan was for 800.00 and the debt they are trying to recover is over £2000.00. thanks Roadhog1
  20. Hi fellow Caggers I'm not sure if others on here have any thoughts into this, but I'm hoping to get some help to clarify the situation on something i have come across recently, having read this as part of the lending code. 232. Customers should be advised BEFORE their debt is passed or sold to a third party by a subscriber. The intended outcome of this provision is that a customer SHOULD NOT receive any contact from the party to whom the debt has been passed or sold without having received prior notification from the subscriber of the transfer. what if the OC (subscriber) has NOT given prior notification to the debtor of the sale of the debt to a third party? if a customer received a letter from a DCA stating 'i am now the owner of this debt' and in the same envelope was a supposed NOA from an OC, would this count as the OC having met 232? thanks Thanks
  21. I have today (30th January) received the letter below from Parking Eye dated 15 January 2015. I did not receive the original PCN letter it refers to. I changed address shortly before the "Date of Event: 06 December 2014". There was a delay with the DVLA updating my details and my mail re-direction service failed so I assume the original PCN is one of the items Royal Mail mis-delivered. The letter says: "The 29 days have now passed and the amount now payable is £85.00, this payment is required within 14 days to avoid further action." As this letter was redirected and delayed, it is now 14 already over days after it was sent. Please would someone advise me how to proceed? Is it best to just pay the fine now? If there is any way I can still appeal/complain, here's an overview. The I understand the car park at the retail park allows 45 minutes parking free of charge, after which time you must purchase a ticket. On the day in question I spent more than £40 in one of the stores at the retail park (I have the receipt). I then briefly visited other stores at the park but did not purchase anything. I am not sure how much time over the 45 minutes I stayed but I don't believe it would have been very long. The driver and the registered keeper are the same person. Thanks in advance for any help.
  22. I ordered a power supply from a retailer 17 months ago and it developed problems. I sent it back they found problems and they said that a replacement was not available so they would refund me, but they would only refund me £20. The product i bought (XFX 1050W Fully Modular PSU) cost £150. The warranty they provide is 2 years. They gave me some crap about it being only expected to last 2 years. Now im sorry but a top end PSU only lasting 2 years is ludicrous, its beyond crazy. I would say a 4-5 year minimum on high end top quality PSU's indeed i have 2 others which were both high end at the time of purchase and they are both still going strong 6 and 4 years on. Can i do anything here? Its quite frankly an exploitable part of UK Law and no matter what I say they just say "warranty 2 years = expected to last 2 years". I have tried explaining that the PSU in question should be expected to last for at least double the 2 year warranty but to no avail. Im thinking of giving trading standards a ring cos I don't care what the retailer says they are ripping me off big time. Would this be a viable option or would i just be wasting my time. Thanks in advance.
  23. Hi all, I was hoping some of you could possibly help me please. I received a CCJ claim form from a very old debt (2004) that I am 99.99999% sure is SB. The purchaser of this debt has been writing on and off now for almost 6 years. I have never called or written to them in all that time. They purchased this debt coming up to maybe 6 years ago now and the account was well into default by that time, with no payments being made for well over a year. So by my reckoning there has been no payment or acknowledgement of the debt for almost 7 years. I have done the acknowledge claim thing online and have ticked the box to instruct that I intend to defend the claim in full. By my maths and limited knowledge I have issue date + 5 days (serviced), then by acknowledging the claim I now have 14 days to get my defence in: does that seem correct? I intend to defend on the basis that the debt is statute barred (no payment or acknowledgement within 6 years), is that the right course of action? Also I doubt very much that they have the CCA from 2004 either. Now should I defend on the SB basis alone or throw in the CCA issue to? Now if they continue with the claim to court, will I have to attend the hearing? Also will the claimant have to prove to the court that they have verifiable evidence of either payment or acknowledgement? Can I demand that they provide this proof? I ask this because I have read that these people sometimes make so called 'phantom' payments to try and get away with making claims on SB debts. Sorry for all the questions and ramblings, I just hope one of you kind people can help me. Kind regards Me x
  24. Hi, Lowells have been pursuing a debt they have bought. I sent a 'prove it' letter with my pound postal order. After waiting the 12 working days, i had received nothing other than ' We're still looking, Bear with us' letter. I then sent the failure to respond to my legal request letter and account has entered default. Both templates i copied from here. Since then i have had two 'Still looking' letters, and this week they sent one saying that it has been 8 weeks since they received my 'complaint' ?? but they are still gathering the necessary information. They also include a little booklet from The Financial Ombudsman Service, should i desire to escalate my complaint. My first request was dated 18/2/14 and the default letter dated 6/3/14. Now, on checking my credit file on Noddle, i can see a default from Lowells dated 22/4/14 , some time after my second letter. Can this be correct?. I have also been searching for a template letter to request the removal of the default from my credit file. Incidentally they haven't returned my postal order yet. Many Thanks
  25. Hi, i would like to fill you in on what happened 15 years ago. Our 17 month old daughter was diagnosed with Neuroblastoma cancer, we were informed she had a 5% chance of survival . We went to see the manager at Lloyds TSB to inform them of our circumstances and to ask that no phone calls were to be made to us; all correspondence was to be in writing. The bank ignored our request and rang us on numerous occasions and just 5 minutes after finding out our daughter had only a week to live; Sadly she passed on at 21 months old. The bank carried on ringing and demanding payments ( we have the letter from 15 years ago from the bank admitting this ). We feel that all the payments made so far were under distress. There have been 5 different collection agencies contacting us, each one we have had to explain our situation again which distressed us more. We have been asking Lloyds TSB for the past 10 years for the original agreement, Westcott took over the collection in November 2012 and we stated that we did not nor ever owed them the money that they requested and that all payments were under duress. We requested the original documents once again, Westcott replied that their client Lloyds TSB doesn't have any documents or copies Westcott sent us a letter saying that as far as they were concerned the matter was finished and that we must continue paying. On the 20th of November we replied stating they had no right to request money without the original agreements and as far as we were concerned the matter was still in dispute until Lloyds TSB contacted us; Still awaiting a reply. We received a letter from Morecroft collection agency in June 2013 stating that their client had registered a default against my Credit score without any warning. We contacted the ombudsman as Lloyds TSB refused to discuss the whole matter; The Ombudsman then contacted Lloyds and told them they must resolve all issues. Lloyds TSB phoned up i have asked for no more phone calls and to have all correspondence in writing, it is very difficult to discuss the matter to every different person that rings as it is very distressful for me and my partner. They decided to ring up today ignoring all my requests yet again, I asked to speak to a manager; she then insisted that she was the manager. When i asked to speak to somebody higher than herself she wanted to know exactly why; i had to go through all the stress of explaining what happened 15 years ago. I then asked to speak to her superior as i had no confidence with her dealing with my complaint. She refused to let me speak to anybody higher than herself. I contacted the Ombudsman to inform them of Lloyds TSB were refusing me contact with the manager; Can the bank refuse me access to their superior ? Can they put my default on my credit record while under dispute and without a true copy of the original agreement ? How do i obtain any information they hold on me/my account ? I originally opened up a complaint in 1998 about the way i was treated, I had to deadlock the complaint due to the mental distress it was causing me. The ombudsman awarded me £250 which i refused as the complaint was not complete. Please advise me on what to do
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