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Found 67 results

  1. Hi guys/gals its been awhile since I posted and needed any help so bare with me. Lowell have bought an old Vanquis debt, I have had loads of letters and ignored them, I haven't had any contact with them on the phone either so I've not acknowledged any thing. On Saturday received court papers, I have registered with money claim AOS as I want to defend. I was told about a 3 letter process to send to Lowells solicitor but don't know what the letters are. Any help greatly appreciated, thanks.
  2. Hi guys, I am new here but I have been told I might be able to get some help. I received a judgement in default letter from the County Court Business Centre a few days ago which came as a shock. I know the importance of replying to any claim issued against me. This is in relation to a pay day loan debt from 4 years ago, which has now been bought by Motormile Finance UK Ltd. I paid some of the debt off then missed a payment, then they increased it massively and I couldn't keep up. I moved on and heard nothing for many years until I get this judgement letter from the court. When I phoned Moriarty Law, the firm representing the Claimant, they told me they issued to my former address. They realised their mistake and then sent a copy to my new address. I received this but thought it was a scare tactic as it had not come from a court, and I would assume I would receive court papers from a court! When I asked them why they didn't inform the court they became ambiguous and I didn't understand what they were talking about. I have been told to set the judgement asside which is what I will do. I am currently on ESA so apparently I do not have to pay a court fee which is a great relief. However, I need to know is it now too late to start the 3 letter process? Or should I get on to this straight away so that if the judgement is set aside I will get my chance to defend the claim? In anticipation of your help, Jake
  3. I am also posting the same story on other forums this is not to undermine anyone on any of these in any way, but to gauge different options and ideas that people may have when dealing with this. It could be there is stuff that may help others out across all pages and that can only be a good thing for those of us consumers being roally shafted by the establishment!!! 2007 with a growing family I took out a car loan with Welcome Finance (BIG mistake, I know. Never again!) the loan was adjusted late 2008 to reduce the payment amount and supposedly the PPI and insurances were cancelled as mis-sold. 2012 it was my belief that I was paying over the odds for a car that was vastly overinflated price, that the PPI etc although cancelled the costs were not commuted as I was expected to pay almost 12k for a car worth 4500 at purchase. so account was placed into dispute. Dispute was ignored, come march 2013 account was registered default, court threats and a CPR letter was sent requesting all documentation in march 2013. april, may 2013 further correspondence was received clearly the dispute was ignored and so was the CPR until August when the CPR was acknowledged. Nothing! at some point the account was sold to Lowells, Then Cabot, Marlin, back to Cabot but nothing was ever actioned and nothing was posted out that warranted action. As the account was in an ignored legal dispute situation but still had been registered as default and sold to 3rd parties this is a monumental breach! Finally 14/07/15 I received a letter from Cabot the account was being referred to Mortimer Clark. Same day, but postmark 15/07/15 I received a letter from Mortimer Clark stating they were instructed to take court proceedings (Nothing in the letter states clearly this is a LBA) and I was to contact them. The letters appear below Mortimer clark letter so I initially knocked up this response removed fotl rubbish letter - dx oh!.... was it not much better then, got me worried now please ignore spacing and syntax mistakes, this was a draft. Following advice on xxxxxxxx I followed this letter instead
  4. Hi, Please could someone help. i have received court papers from Lowell Solicitors and have borrowed the money and paid it off, but do i still have to fill in the forms from the court? all it says is, 'if you admit the debt, either pay in full to Lowell or ask to pay in instalments' if i have paid is that an end to it or does it still go to court? sorry if I sound a bit stupid, but it just isnt clear! Tia
  5. help please I have received a letter from cabot finance stating a claim for over £2000 , with court papers there is only a brief out line with what this claim is for (julipa catalogue) default on payments. nothing about what is supposed to have been purchased such as shoes -clothes also it just states a name no date of birth or any more information .or prof this is my debt plus these papers do not look official court papers. I do not know if this is relevant , I have been getting phone calls late evenings and early mornings plus being bombarded with text messages. the letter before this one with court papers stated that contacting me the way they have is not classed as harassment and as this is the case they will carry on contacting me in this way funny how all calls and text have stopped. I have M.E. and with this comes clinical depression and trying to fight this is leaving me feeling that I am in this big black forest with no way out . included in this is response pack, Admission (specified amount) , Defence and counterclaim, Admission (specified amount). if any one can point me in the right direction it would be greatly appreciated .I do only have 14 days it states to reply it is dated 19/09/17.
  6. Hi everyone My brother has received a letter today from the county court business centre that was headed Judgement for Claimant (in default) It says you have not replied to the claim form (never received anything from the claimantt E-On) It is therefore ordered that you must pay the claimant £727.27 for debt and interest to date of judgement and £60 for costs. My brother has never received any court papers or even letters threatening court. But now he’s had this in the post. I’ll upload a scan of it but I’m not sure how to respond to the court document. Any help would be greatly appreciated Thanks Andrew
  7. Good afternoon all, I was employed as a contractor with a small company. They advanced me my fee in advance of work carried out and then cancelled the contract and asked me to pay back the advance. I had already used the money for urgent matters but undertook to repay them asap. They gave me a piece of paper with a date to pay back by which I agreed to as at the time I felt this would be enough time. Unfortunately things did not improve for me and despite my communicated intention to pay the debt back they have not accepted my situation and are going to take action to retrieve the money. Unfortunately I am currently of no fixed abode and staying with friends. I cannot give the address as this is obviously not my registered address . They are now threatening to send legal papers to the net of kin I gave on my initial contract. I have given my undertaking to pay back and have been in conversation on email but they are using this as leverage to get me to pay. Are they able to do this legally or can I advise them that this is not acceptable? Thanks very much in advance GIB
  8. Hi all, I have a car on finance, which two days ago caught fire and is a write off, can I terminate my contract with the finance company under 'frustration of contract' as the finance company can now no longer supply the use of the vehicle to me under our contract? Just wondered what people's thoughts are on this. Many thanks for all and any replys Moonlandings
  9. Hi im a newbie My husband received court letters today Claimant ARROW GLOBAL LTD . My husband is in ill health and im his carer and this is very worrying. On the court letters paticulars of claim. payment of the overdue balance ***** from the defendant under contract between the defendant and NewDay Ltd dated 2008 and assigned to the claimant on 2016. but can anyone advise on what to do now as he only has 14 days to respond. Is this a sold debt or something is it statue barred. Any help will be appreciated.
  10. Hi - I've messed up again and would please like some help in being pointed in the right direction again. I received court papers for an old Tesco credit card debt. The issue date on the papers is 19/4/17 and I am just about to login to respond. I had a similar problem last year with a creditor and following advice from this forum they dropped the case. I can write to Cabot and to their solicitors Mortimer Clarke like I did on the other claim, but I need to find again what it was I needed to write. What should I write on the court defence page - I will, in the meantime, try and locate the old thread and find out from there but if anyone is online and could help, I would be very grateful. It was suggested that I write to all my creditors and I do want to do this but I am under immense stress at the moment and have very little time to do anything. I am constantly caring for two toddlers and I'm too old for it so I am a bit stressed and unable to think straight or concentrate half the time. I cannot pay anything at all to creditors at the moment. My universal credit sanctions have left me with no money at all to live on and not even enough to cover my rent. Life is beyond stressful, hence leaving this stupid claim and not dealing with it. I just hope I haven't left it too late to do the online response. I think I've exceeded it as I think it's 14 days?? Any assistance would be most appreciated. Thank you in advance.
  11. Hi all maybe in the same boat as a lot of people who have put their head in the sand I had a payday loan with Uncle Buck which I did not pay when due on the 30th of January 2015 for £202.43.. I have today received court papers for £391.43 plus the £35 court costs. Is this legally allowable? Do I have any arguments here or am i up the proverbial without a paddle? V v limited details in paper form but will scan these and upload when at work on Monday. are there relevant details I should ask !st Stop and/or Uncle Buck for? What should I do with the papers recieved from the court? Any advice appreciated! thanks
  12. Name of the Claimant ? PRA Group (UK) Ltd Date of issue – . 20th July 2016 What is the claim for – The Claimant claims the sum of £4500 for debt and interest. On 1/06/2004 the defendant entered into an agreement with Lloyds for a CC under ref No. XXXXXX On 20/06/2010 the defendant defaulted on the agreement with an outstanding balance of £3850. On 30/5/2014 the debt of £3805 was assigned to Aktiv Kapital Portfolio who itself assigned the debt to PRA Group (UK) on 21/12/14. Notices of assignment were sent to the defendant in accordance with a 136 Law of Property Act 1925 and the Claimant Claims 1. The sum of £3805 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per year from 30/05/2014 to 19/07/16 - xxxxx and thereafter at a daily rate of £1.09 until judgement or sooner payment What is the value of the claim? £4500 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 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 Aktiv Kapital Portfolio who assigned debt to PRA 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 managementicon 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 - haven't done this yet and intend to defend all of the Claim???? 2. Who do I send off a CCA request to? as none of the above mentioned where who I originally had the Credit Card with? 3. Am I to send off a CPR 31:14 to PRA? Back in 2009 I had instructed a company called "Credit Issues" to help me and they failed to obtain a copy of my CCA, I had huge problems with "Credit Issues" and sacked them in the end because they were all talk and no do. Your help and advice would be hugely appreciated with these Court Papers
  13. Hi, Only just come across this forum after doing a bit of research myself, so I'm partially through the process, but would like input on anything I'm doing right or wrong, or have missed anything important out. History ---------------- Date of parking "event" was July 2012. PPC is a smallish one, local to me, as is the car park. I can give specific details, but I'm not sure that's wise on here? PPC I *think* was BPA at the time, but has since moved across to IPC. Ticket was apparently placed on car. Any notices that were sent out (can't remember if there were any, as they were a common occurrence back then) were ignored, as was standard practice at the time. Heard nothing more until January 2016, where post-Beavis they must've trawled through all their old cases and reactivated them via a letter from Gladstones. I requested documentation - they sent me out images of car with ticket on and I *think* picture of signage. I heard nothing more for months, thought it had gone away, stupidly binned the documentation, and then in September received an really poor attempt at an LBC from Gladstones. It contained the date, the amount and a pointer back at "previous documentation sent". I sent Gladstones an EMAIL (mistake?) requesting that they sent proper LBC with clear statement of facts, list of relevant documents, how the amount had been calculated and any ADR offering. The next thing I got was the Court Papers. The Poc basically says nothing apart from the date, the costs and claiming the sum of the original £125 + 42.25 interest, along with the court fee and legal representative fees bringing the costs up to £250 Where I am with it. ----------------------------------------- My research tells me that as the event was over 4 years, was pre-Pofa, and i have no idea who was driving, the case should never make it to court as they shouldn't be able to go after the Registered Keeper. Only the driver. There were multiple people insured to drive the car at that time (I have the old insurance certificate) However I gather that it all depends on the judge - judges can be unpredictable. So I'm still doing research. I'm about to send a Part 18 and a 31.14 request to Gladstones for information regarding the PPC/Landowner contract etc and also to get all documentation through so I can defend myself. I gather it's likely Gladstones will ignore my request. I think it may be a good idea to send a SAR to the PPC and try and get the documentation off them too? Without that documentation, without knowing exactly what they plan to rely on, I can only really use a standard templated defence, including the fact that it's pre-PofA and they haven't provided proof I was driving. I can only hope that they don't have any further evidence (such as CCTV footage) and try and spring it on me in the hearing. Is there anything else I can do, or should be doing? Thanks Cal
  14. Hello I had a few letters from bw legal saying I had until 6th August to resolve outstanding parking pcn charges before court action, I've been away for a few days and phoned them today to sort it (defend) and they said they have already issued court proceedings on 2nd August! Ten mins later I've received court claim papers. The amount they are claiming is £1950 for 19 alleged offences. There is no way I've parked on their car park and not paid 19 times and I've not had loads of letters either. Some dates go back to 2013 Is it too late to defend this now? I'm totally new to this forum and don't understand a lot of the jargon and I'm on my phone so limited access. If anyone can please give me any advice I'd really appreciate it. I feel sick with worry.
  15. hi there, ive received papers from the county court business centre for a debt i do not own, never owned or even acknowledged, how do i defend this? do i need to CCA request lowell? if so i presume its a template letter, which one? what do i enter in the defence or do i leave it blank and await details? ive acknowledged via mcol so hae more time, any advice needed please.
  16. Can someone please offer me some advice on ths matter please, i have some registered defaults on my credit file from credit card companies for the last 3 years, i am in a dmp with payplan with who i make a token payment to all companies as i am unemployed. I have written to all card companies asking for my cca, some have replied that they cannot find any paperwork and that the account is unenforcable, and others have said they cannot find the cca and will suspend payment to the account until the cca is found. 1, what is the position on this, do i carry on paying them or just stop until they find the paperwork,if they ever do? 2, if they dont get back to me until after the 6 year time period for the defaults has elapsed, and the defaults are removed , what then? 3,if i was to be given a cash sum to make an offer of a f+f payment to all is there any benefits to pay them off now,before the 6 years, if accepted, or just keep paying the token payments until the 6 years has passed and defaults are removed anyway, am i still liable to keep paying after the defaults are removed, until the total debt is repaid, as at this rate it would take me 25+ years to clear with the token payments, i make to them. THANK YOU FOR ANY ADVICE ON THIS MATTER
  17. The International Consortium of Investigative Journalists publishes today a searchable database that strips away the secrecy of nearly 214,000 offshore entities created in 21 jurisdictions, from Nevada to Hong Kong and the British Virgin Islands. https://offshoreleaks.icij.org/#_ga=1.77749204.1777153412.1462887663 You can check up on your relatives now.
  18. Hi everybody, this is my first use of a forum so sorry in advance if I don't respond In a timely or correct manner. I have received court papers and have a few days left to respond. T his is for a credit card I took out in 2005 and defaulted on in 2013. At the time I had joined a fee paying debt management company, big mistake, don't do it! (went bust kept all my payments) devastated at the time. They wrote to this creditor who where only able to provide a reconstituted credit agreement so told them to stop pursuing this debt. Issuing notice to them. I then joined step change who have been paying all my other creditors for the last two years with no problems. Now out of the blue I received court papers at my old address, only found out by chance. Step change advised I phone the issuing solicitors, which I did tried to explain but they weren't interested. I have a job which does not allow me to have a CCJ I will lose my job. I explained this they just said send us evidence of employment and your contract confirming this but the court claim still stands so far. I understand I may be offered a Tomlin order and I'm happy to pay this (I want to get a mortgage) but I know they don't have pre 2007 credit agreement. Step change said because I have made payments in the last six years this can be used as proof of debt ? I should send the admission form along with my budget and proof of employment. How do Progress this with the main aim of not getting a CCJ , the debt is eight thousand, there is no way I can pay this in one go and would be happy to add it to my DMP, The threat to my job is causing me a huge amount of worry ,thanks in advance
  19. Ive received a county court claim from merligen investments for 330.00 plus interest and costs i have never dealt with them or had any Letters from them. ?? payment demands or default notices!!! Close inspection of Credit File seems it may be in connection with a shopacheck account but cant be certain. (Read a post sonewhere on here that was merlingen/shopacheck) Shopacheck account as far as i believe opened 24th December 2012 330.00 paid in full acc balance 0.00 updated 19/10/2013, old address placed on the record. looks good to me same as C-File. so checked merligen out, DCA who BUYS DEBT merlingen account opened 27/12/2012 balance on account 330.00 updated 21/4/2014 address on the record is my new address. The money claim online papers state; Balance due in full under agreement Defendant had an agreement to make monthly payments for acc xxxxxx4411 but failed to do so interest 26.40 court fee 3 LR 50.00 TL 441.40 huh what and who the hell are they??? anyone dealt with them? ????? so do i raise a dispute on Credit File and defend the claim on the basis "have not a clue who they are" dispute alledged balance. "I DO NOT OWE IT"
  20. HI I am wondering if someone can help me word defence to a CCJ application that my husband has just received from black horse. I have 14 days to acknowledge and then 14 days to defend, but am struggling with the wording I want to defend on the basis that 1. Id like a copy of the CCA agreement 2. I want statements to check the balance 3. The loan is statue barred 4. There is PPI on the loan Can someone help please? Thank you
  21. I took a loan with Lloyds some years ago and the debt was passed to Lowell last year or so. They have been sending me letters I received court papers early December. I acknowledged them and spoke to them a couple of days ago as over Xmas I received a letter saying they would go for judgement if I didnt respond or pay by 6.1.16. I managed to get through to them yesterday after trying since Saturday. I was inclined to pay all the money ( with a loan from family ) as I have managed to clean up my credit file last couple years and dont want a CCJ. They said I could make an arragement to pay monthly and they would not get judgement. Is this true?
  22. Out of the blue yesterday my daughter received a letter and court papers from Park with Ease . Apparently she had parked at a car park - White Moss in the lake district on the 9th October 2014. This was the first time that she had received anything from them. My daughter moved in June 2014 and had informed the DVLA etc that she had moved. We have never had any letters from them otherwise this would have been dealt with before now. When we she showed us this letter today I immediately got in touch with them to stop the action whilst we sorted it out. But their response has been really quite rude. We have explained that our daughter does no longer live at this address there response is "The address that has been used is the same as that on the court papers. We therefore have served these letters on you at the address provided by the DVLA. It is your responsibility to update your details with them when changing address. We have no control over this. " We have no control of the DVLA have not amended the address as she asked them to. They also say "We would suggest that you comply with the direction within the document that you have received as action will not be halted due to your contact with us. " ""As stated in our previous email, the court claim has now started and you therefore should follow the driections of that document. We cannot issue advise on this matter and would suggest you obtain independent legal advice "" Is this correct? I can see by previous CAG postings that to contact POPLA the landowner and my MP. I have emailed my MP and also The National Parks. Do we just pay it as she did park there for 1hr 10 minutes? But she genuinely did not receive any letters advising of the parking ticket. Has it just gone to far? As it stands today she owes £184.64 with court costs and legal costs. Thank you.
  23. Firstly, apologies for the long winded detail - I posted this on another website but as I am seeking expertise thought it be good to post on these knowledge boards too I received a Claim Form this morning in relation to BlackHorse via Lowell / Bryan Carter. Firstly, I have not at any point acknowledged the debt. Secondly, I know this is probably not valid - but the default date was issued by BlackHorse. Lowell / Bryan Carter have 'lied'? on the claim form in relation to a default date they issued. My belief is that this is not possible, right? Thirdly, I have never engaged with the DCA nor Carters until I sent a letter in March in response to their claim - my stance at that point was Section 5 of the limitation act (which in hindsight was a little presumptuous). I effectively got a response from this stating they were investigating but believed the debt to not be statute barred. I'm guessing they are right but surely point 2 above has some substance as it is a false statement?? Fourthly, I haven't requested (maybe I should) an original copy of the agreement - is this something I should pursue? I guess more importantly - any prescribed actions that anyone can recommend I will undertake. I intend to extend via online Moneyclaim to allow me 28 days. IMO seems the debt is enforceable IF the dates of default issue is not valid - if that is a no-go, should - where should I be directing this? I will repost what I posted on MSE for the background below: "Black Horse agreement. The car was handed back. The amount Black Horse requested to settle after they auctioned the car was in dispute and never resolved. Black Horse issued and then applied a default notice to my credit file dated XX/XX/2010. The debt was then sold to Lowell. The Blackhorse default notice disappeared from my credit file. All quiet until 2013 - Lowell slap a marker on my credit file for the disputed amount with Blackhorse. I do not enter into communication with them whatsoever. It trundles along and nothing..........until recently. I received a letter from Bryan Carters who are "acting" on behalf of Lowells. Being a little presumptuous, I decided to engage and requested 'they prove it' and additionally I questioned validity from a statute barred standpoint. I received a response which effectively stated they would enquire with 'their client aka Lowells'. The trail went dead (not really surprised). This morning I have received a Claim Form with the claimant as Lowells with reference to Bryan Carter as documentation and payment reference below the claimant details. My belief that the debt was/is statute barred is IMO incorrect... ..I don't dispute that 'an amount' was owed to Black Horse (original creditor) but it was not the amount they claimed and they failed to respond to my requests to rectify or discuss. This is why this situation has arisen. Questions: 1. Firstly I have just reviewed both the court form and my credit report both of which state a default date of XX/XX/11 by Lowells. Remember that Black Horse had already issued a default XX/XX/2010. My belief is that a default date cannot be changed once a creditor has issued and even if the debt has been sold - am I right? Does this simple fact give me an angle? 2. I have never received an original copy of my agreement as per request to Bryan Carter acting on behalf of Lowells Is this not another angle for attack? 3. Putting aside the above points, what other angles are available to me? I intend to defend fully but wanted to see if the DCA has tripped the whole proceedings up before we have even got started?" Any advice appreciated.
  24. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue –3 June 2015 . Date of def = 4pm Friday 3th July What is the claim for – The claim is for the sum of £2XXX.XX in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXX The debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The defendant has failed to repay overdrawn sums under the terms and conditions of the bank account. The claimant claims 1. The sum of £2XXX.XX 2. Interest pursuant to S69 of the county court act 1984 at a rate of 8.00 percent from XX/XX/XX to the date hereof 15 days is the sum of X.XX 3. Daily interest at a rate of .XX 4. Costs What is the value of the claim? £2XXX.XX Is the claim for a current or credit/loan account or mobile phone account? Overdraft 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. Debt Purchaser issued claim 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 ? Possibly - by way of a statement of arrears but headed 'Loan Account' and with a different number to the original bank account number shown on the PoC Why did you cease payments:- Financial difficulty - withdrawal of overdraft would have left nothing for food, rent, getting to work etc Was there a dispute with the original creditor that remains unresolved? Yes - advised OC of financial difficulty their action would cause, alleged unlawful 'unfair' treatment Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - as above and stated I would make weekly payments of £1o per week by direct credit but asked for interest and charges to be frozen - they weren't Would welcome advice on this although don't hold out much hope... Arrived home from work to find papers on the doormat for a former Santander O/D that Robinson Way have been chasing for a while. RW have been chasing for Hoist for a while - trying to get us to phone and offering discounts etc but as the debt was disputed I did nothing more than tell them this. Debt is around 5 years old so not SB. Received a letter before claim from Howard Cohen a couple of weeks ago stating that to stop court action we must contact RW within 10 days of the letter. This we did, by recorded delivery stating that the debt was disputed and gave details of the dispute and previous attempts to resolve it. Appreciate this might reset SB clock, but at the end of the day we did have an OD but were more miffed at the way that Santander dealt with us. A bit of history. Banked quite happily with Abbey for several years. A change in circumstances led Abbey to offer an OD facility which they later offered to increase. This was in place for several years and although we went occasionally into the black we were pretty much using the OD all the time but this was without complaint from Abbey or initially when they took over, Santander. Fast forward to 2009 and redundancy came calling. Was unemployed for a couple of months and although I got another job it was for almost 25% less money. Santander pulled the plug on the OD without more than a couple of weeks warning (we hadn't exceeded the limit). Not just reduce it over time, cancelling it altogether which would have left us with nothing for rent, food or fuel to get to work. I spoke with my branch who said that 'they have done this to a lot of people' and that they wouldn't negotiate, so opened an account elsewhere to avoid losing our home and jobs and to still be able to feed the children. Wrote to Santander to claim hardship and that we believed their actions were blatantly 'unfair' and against the Banking Code/BCOBS. Said I would leave a credit going into the account to reduce the OD and asking to freeze interest and not impose charges. Got no reply, they just started adding unauthorised OD charges and interest which more than wiped out the credits going in, so I stopped the payments as the £150 or so that I had paid in was wiped out by the charges and interest and the debt was going up instead of down. Santander did not chase any longer but here is the strange thing - they have been sending periodic statements for the defaulted amount, but under a completely different account number and they called it a 'loan' account? I never applied to have the OD converted to a loan, nor had any papers to sign to agree repayments for a 'loan'. Is this at all significant? The PoC refers to 'overdraft'. I am guessing from advice on other threads that I need to acknowledge the claim on MCOL and indicate that the claim will be defended in full, send CPR 31.14 to the solicitor etc. I am also guessing that defending OD claims is almost impossible unless SB which this one isn't. Am though confused about the implications of the OC apparently converting the account to a loan account with a different A/C number and sending statements under that number throughout. Bizarrely we are still receiving these statements (as recently as a fortnight ago) several months after the assignment of the alleged debt to Hoist/RW. Also Peed off that Howard Cohen told us to contact RW to avoid court action, which we did and they have issued despite this. Apologies for the length of the post but any and all advice would be welcomed.
  25. hello my brother has got court papers delivered to his old address his ex partner rang him to tell him this is for a debt that is 4 months off the 6 year mark my brother has depression has for years being in debt has made it worse for him my brother and his ex have a joint mortgage and he pays towards his daughter who lives with his ex in there home he has not been getting the debt letters as they have been going to his ex house and she has not told him about them only this letter because it was for court I got the information and with my brother rang up robinson way explained that he has not been getting his mail as it has been sent to his ex address my brother says he told them of his address a few years ago so cant understand why they have sent them there may be its because his name is also on the mortgage I asked robinson way if we could do I partial settlement but they only took off £550 off the amount of £4870 I cannot lend him this amount I told them this was way too much I mentioned about his depression that he has had for years and how worried this could make him worse they said they would put a stop to the court proceedings and hold the debt do they can write to him about his mental health etc I am a bit worried as we don't have court papers to say that he has them could they be lying so that he doesn't respond to the claim as I mentioned that I would ring court up explain they were sent to wrong house and get information so he could file online robinson way said there is no need to do this as they have halted the debt until they send info about his mental health as they want more information how do I no that they are telling the truth and stopped the court proceedings or do they just hope that my brother does not respond and gets a ccj as he has not acted sorry for rambling but very worried any information would be helpful
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