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  1. I have sent a prove it letter to Lowell recorded delivery for a debt i apparently had with provident, Which was then passed to a company called vanquis bank. I have no recollection of this debt i have however in the past had provident loans but all are settled and show as settled on credit file. This one however isn't even on my credit file for me to view. Im just wondering if someone can advise what sort of response i should accept from lowell as in what information they have to provide.
  2. Major crackdown on abuse of 'debt' judgement by rogue parking and utility firms is announced Ministers will pledge action on abuse of county court judgments by rogue firms Anyone who has had a CCJ without their knowledge will have it removed The Govt plans to immediately set aside all backdoor CCJs for those who can prove to a judge that they did not know about it when it was passed. http://www.dailymail.co.uk/news/article-5214075/Action-debt-judgement-rogue-firms-abuse-announced.html
  3. Lowell recently sent me a 'letter before claim' giving me 14 days to contact them regarding a debt from 2011 or they would take me to court. This debt relates to a bank account, with NO overdraft facility that ended up going overdrawn. I received some advice and sent them a prove it letter and after a few weeks received the following as a response - imgur (dot) com/ a /E7JuE Along with the above letter they sent a copy of my bank statement from 2011 but there was no notice of default included in the package, which they state they did send but have not. Is there anywhere else I can go with this now? Any help appreciated! EDIT - Cannot post link to image. The letter basically says "Please find enclosed a copy of the statements and default notice as requested from the original creditor. As this account is a current account it is not regulated by the consumer credit act therefore the original creditor is not obliged to provide you with a copy of the agreement"
  4. hi could anyone please help or advise.... I received a letter form tax credit saying they had information my ex boyfriend was linked to my address. I called them today and they have asked me to provide them with supporting documents to prove he isn't. I also called my ex to ask if he's heard anything or if he knew why they had contacted me, he didn't know what I was on about but he did say he has been on sick and recently started to receive SSP. I'm really worried because although there is no connection between our houses they are saying he is linked to mine. I also very recently move house so I just don't have some of the documents they are requesting, I explained that to the guy on the phone and he just said to mention that in my cover letter and send in anything I can. I'm worried sick, I can't find enough documents to send them and if they stop my claim I just don't know what I will do. I have never felt more alone, I know there have been a few threads of this nature and I've read a tone of horror stories online. should I just send them what I have and hope it's ok? has anyone had this and come out the other end? thank you for any help/advise.
  5. Hi all In October 2009 I defaulted on an HSBC overdraft, £700 of which was charges, the other £700 ish the actual overdraft. They didn't get in touch until last year (I had previously looked in to a DRO but HSBC wouldnt confirm the details to me as it had been passed to a DCA, my circumstances then changed and I was able to negotiate the other debts I had at the time) The account was originally opened in 2005. I sent MKDP LLP a CCA request, they took a long time to respond and finally responded saying that the account was opened 'interpersonally' (whatever that means) and therefore no agreement was necessary? I've read elsewhere on the forum that pre-April 2007 CCA agreements are required or the debt is unenforcable, can anyone confirm? I now can't afford to pay this debt having exhausted my options previously; I'm begrudged to play ball with them / HSBC when there are so many charges on there and this could have been resolved years ago if they had given me the info I needed for a DRO!
  6. My wife has a LA PCN for stopping in a box junction which she doesnt think she did . She followed the link to the online info that shows 4 pictures of the car all off the box apart from one where she is half into it. So how do the council decide if you were stopped in the box or passing over it? Thanks for any help Sam
  7. Hello - I'm hoping you can help me out regarding a parcel I've sent with Hermes. The item arrived damaged (technically, all that arrived was a noticeably empty box) - and so was rejected by the recipient. I've contacted Hermes (who hadn't bothered to tell me that it had been rejected), who have said I need to pay for the return delivery to be able to obtain a photograph of the item to claim for it as a damaged item. Is this correct? Should I have to pay for return delivery for an item they've damaged/lost? Thanks Sam
  8. Greetings I received a PCN for unloading my LGV in a loading bay. It was the normal of parking attendant viewed for 5 minutes, nothing happening, so issued the PCN. I wrote off to the Council highlighting the cases: Sprake - v - Tester (1955) 53 LGR 194 Richards - v - McKnight [1977] RTR 289 Bulman - v - Godbold [1981] RTR 242 Boulton - v - Pilkington [1981] RTR 87 Whiteside - v - Watson 1952 SLT 367 McLeod - v - Wojkowska 1963 SLT (Notes) 51 Holder - v - Walker [1964] Crim LR 61 Chafen - v - Another Supplement to the Justice of the Peace and Local Government Review 21st March 1970 Pratt - v - Hayward [1969] 3 All ER 1094 Funnell - v - Johnson [1962] Crim LR 488 Police - v - Hadelka [1963] Crim LR 706 Decision of a Stipendiary Magistrate sitting at North London Magistrates Court, Journal of Criminal Law Vol XVI No 3, 193 (1952) Decision of a Stipendiary Magistrate sitting at Clerkenwell Magistrates Court (102 SJ 358) (1958) Which covers and confirms that I was not mis-using the terms of the loading bay. The Council in question, responded by ignoring the above test cases and stating tha the onus is on me to prove that I was using the bay correctly. As far as I'm aware, the onus is on the Council to prove that I contravened the terms of the loading bay. Am I correct in this assumption?. Many thanks
  9. Hi folks. First post here, as there was a similar thread to mine, but no follow up to it. I received a letter from Past Due Credit Solutions regarding an old gas bill (about 4 years old) from a property I used to live at. I sent off the prove it letter, and today received a response saying the account would be placed on hold for 28 days etc. They have asked me: We would ask if you can confirm the following: (for data protection) The connection you have to the above supply address (previous address) Before I moved into the property, I switched from my current supplier so they could take over the new house. So, instead of British Gas, it was E:On I was paying my bills to, but BG didn't seem to be aware of this. BG have issued a default on my credit file because of this, and obviously I would like to get it removed. Will Past Due be able to get the default removed, or will I have to contact BG? Also, what response should I send over to PDCS? Thanks in advance
  10. I have been in dispute with NBS for months. I have sent letters to Group Directors etc and am always passed down to the complaints team in Swindon. We have argued about all sorts including Social security regs, which I'd never even mentioned, but latterly I have focused on getting them to agree we are in hardship. I've based this on the fact as I am partially-sighted following a stroke our sole income is Carers' Allowance, Tax Credit, DLA and ESA. Today I was told by Tom Baxter (Senior Complaint Handler) that as we have 16 active direct debits, some of which are for non-essential items, NBS do not class us as being in hardship! He said 'an expert' in his dept had scrutinised our account and had come to this conclusion. I asked him how this squared with BCOBS and asked him to name the expert, but he wouldn't and I got the strong impression he had no idea what I was talking about. Any thoughts on my next move would be appreciated.
  11. Sorry I am new to this so hope it is in the right place. In september 2011 my husband walked out on me (after have left me twice already that year once for a week and once for about a month) and moved in with his mum, this time I was sure it was permant so claimed ctc as a single parent (I had 4 children with him one of whom has special needs and disabilities). This was all fine until this week when I got a letter from tax credits saying that they believed he is still living here, he is not, yes he visits the children daily before he goes to work but that may only be for half an hour some days. I eventually spoke to someone the same day as the letter came, after being told why should they speak to me if I only had the letter that day there were people waiting for a phone back from Monday(this was thursday) The problem I have is that he (me ex)has not bothered to change his address on just about everything, ctc did a search and the 3 things linking up are joint mortgage (I still live in the house and have been paying the mortgage alone out of the ctc since september last year I can show a bank statement proving this) a joint bank account which is heavily overdrawn but I have not used but it is where his wages get paid into and I was originally told as overdrawn my name couldn't be removed and a loan which was taken out 5 years ago and has 2 years left to run. I have managed to get a letter from his mum dated the 3rd oct 2011 saying her housing benifit and ct benifit are being reduced as a non adult dependant has moved back in with her and names him, but ctc are telling me this is not enough and why doesn't he have any utility bills there (keep trying to explain it is his mums house)he is also on the electral roll there and has been since he moved out. The only other thing is he has sky installed there in his name on the 3rd dec and pays a monthly direct debit but that is it all I have to prove it. One person I speak to tells me it's enough another says it isn't I can't speak to the person I need to as they keep not returning my calls and I have until dec 1st, I don't want a criminal record or to spend xmas on the streets with my kids (one of whom has asthma) or to lose my kids because I can't feed and clothe them. DWP already interviewed me in my home back in the summer because of a joint mobile phone bill and I made a statement and they were happy but he was meant to have change his address and he still didn't (he finally sent everything of yesterday to change it....or so he tells me). I told the lady at dwp we do take the kids out as a family unit as I didn't believe they should suffer any more than they needed to and often it requires 2 adults to be there I asked if this was ok and was honest about it and she seemed to think it was. The only other thing I have is that environmental health have been in my house and in the bedrooms late at night (problem with neighbours)when the kids have been staying at their dads and the police did a risk assessment on me so they know I am seperated. Since this letter on thursday and being told I HAD to get my name of the bank account and the loan (I would love to be able to magic up the kind of money to do so)I have spoken to the bank who have agreed to take actions to get my name of the bank account they even phoned the loan company for me who have refused to take my name of the loan, the only thing is if he can get a loan for the settlement figure just in his name but I am not holding my breath he will be able to but the man in the bank did make the loan company put a note on the account that finances were being disputed. I have tried to do the right thing by my kids and not make things tricky for my ex as in turn that could affect us (if he doesn't pay his debts and goes bankrupt then obviously that effects the things I am names on and the mortgage to the house) It might have been easier for me had it been an even bigger mess. so in a nutshell my prof is letter his mum has from council naming him him being removed from electral roll here and being put on at other address letter from council showing my council tax has change to single person letter from sky showing it was being installed at his mums address in his name dd reference number for sky for monthly account he is paying at his mums address my bank statement showing I am paying the mortgage and all other bills at my address they also said there is nothing on the system to indicate he has lived here for the past 13 months but I still got to prove he is elswhere (good job he hasn't vanished of the face of the earth)or I won't get my dec payment if they still don't believe me the and I have to pay the difference between a joint and a single claim I estimate that to be £400 a month and without this money (I am presuming all my other single parent related benifits would stop)I am going to be £800 a month short for just the basics, food, mortgage, heating, esential bills without counting the fact me kids need shoes and clothes etc I don't even know if I have any fight left in me for this. Thanks for reading
  12. Hello, I've received series of letters from a DCA demanding payment for what I think is an old overdraft with a UK bank. The latest letter states that if I do not take any action the account will be sent to a External Debt Collection Agent. Furthermore, they may commence legal proceedings which may result in additional costs being charged to the debt. I definitely had an account with the bank concerned, last used in early 2008 (I think). However, I don't remember any outstanding balance and cannot confirm whether the bank account that the DCA has quoted is accurate. I've moved countries several times since 2008 and have not kept any records. I don't know how the DCA tracked me down as I didn't supply the previous address related to this account when opening my most recent account in 2010 (as I was not actually living at the previous address - it was a transit stop between shifting countries - see below). Having reviewed the content of this site, I'm confused as to whether I should send: - a 'prove it' letter or - a CCA request Also, I have no problem paying off the debt if it is genuinely owed (it's under £1,000 and I have the cash available if required). I'm concerned, however, that my current credit rating will be impacted by actually paying the DCA the outstanding balance. i.e. details of a default will appear on my credit rating out of nowhere. This may sound counter-intuitive but there is no record of the original debt connected to my current Experian rating as I never supplied previous addresses when applying for the most recent account (I was only transiting through at the time the debt supposedly defaulted; the original bank account to which the supposed debt relates was opened many years ago when I was previously living in the UK; I didn't put details of the previous address as I didn't think it was relevant to the latest bank account application). If anyone could confirm that all the DCA is interested in is getting the cash in (i.e. they won't bother to mess with my credit rating) then I would appreciate it. Also, I thought that a DCA cannot add charges to the original balance outstanding? So threatening to do so is unlawful. Thanks in advance and thanks for a great website.
  13. Hi all, In August 2010 I took out a new phone contract for my then boyfriend in my name as he wasn't working. (Stupid I know!) We broke up in March/April 2011 and he had just got a new job. So together (when things were still amicable) we decided to change the phone contract into his name, address and debit card details. Orange said this was all fine and very quickly changed it all over. By the next billing date, only the statement for my phone showed on my online account with Orange. Only DD payments were taken for my phone. IT had all been transferred over to his name, address and DD details - that was all fine. However, unknown to me, in November 2011 my ex stopped paying his bills. Racked up a debt of £160.92. I never received any phone calls or letters to my address regarding this. Then in September of this year I had voicemails from Moorcroft Debt Recovery. I have been with them before for debt management but not for a good couple of years. They said I owe money for unpaid Orange contract bills - I explained that my phone had never been cut off in the 5 years I had been with them and all DD came out as usual. They then read out a mobile number that I recognised then my ex's address. I explained what we had done with Orange when we broke up and no correspondance had been sent to my address. Moorcroft were happy with this and raised this query with Orange. Yesterday I received through a letter stating possible litigation. This panicked me. I rang back Moorcroft and they explained that Orange had taken so long getting back to them, the account automatically became unfrozen, so they put it on hold again and said they would go back to Orange. I decided to ring Orange myself. I explained all of the above. According to the Orange advisor, letters have been sent to his address but with my name on them since this time last year and the account is still in my name (despite being told in March/April 2011) that it wasn't so I was liable to pay. I explained that when we transferred the account to his name, address and DD details I thought it wasn't anything to do with me anymore as the bills for that phone aren't on my statements etc. He couldn't answer me but he did say my ex was sly about ignoring the letters in my name that have gone to his address - he must have known he wouldn't get chased for payments. He advised me to go to Citizens Advice Bureau etc. But what else can I do? I do not want to go to court over a debt that isn't my fault. I do not qualify for legal aid. Thank you in advance for your help!
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