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  1. this might take a while, but here goes.... I split with my ex late in 2012 – September or thereabouts She was a compulsive gambler and got us into all sorts of bother!!. We sold the house and paid off debts etc....or so I thought. A few months ago I started receiving letters from Lowells at my new address (presumably they found me via the Electoral Roll or similar). They were claiming payment for several different debts which they claimed I owed. I thought at the time of us splitting that there may have been the odd debt which was missed (my head wasn't in a great place at the time), but nothing like what they were on about. Details: Vanquis Credit Card - £778. I sent Lowells the usual CCA Letter and they have come back with an “electronically signed” agreement as I'd apparently applied for the card online. Along with that is a statement of account and the last transaction on this – other than their charges - is dated 1/12/2011 yet the default date on Experian is 31/8/2012??? Provident - £4,450 I sent Lowells the usual CCA Letter and they have come back with statements of accounts. These are merely like Excel spreadsheets with balances, payments etc with my name & address on them. They are not what I would consider legally-binding agreements under the CCA, and quite frankly, are documents which I could have run up myself in next to no time. The £4,450 is made up of several apparent individual loans with various start dates and all are listed on Experian with my old address on them. As stated I left that address late in 2012 not knowing about these debts and therefore have made no payments to them since then. Yet Lowells have the default date for all of them as 19/5/2014??? Creation Consumer Finance - £597 Again I sent Lowells the usual CCA Letter they have come back with an account statement and what I would say is part of the CCA Agreement. This is only one page and is signed by myself but it is a copy – not the original document. What concerns me about this is that the original creditor sent this copy agreement to Lowells with my bank account details on it. Obviously I would never have consented to this I'm wondering if this contravenes the DPA at all. Funnily enough, I cannot see this debt on Experian or on Noddle???? No idea what to do next. I'm loathe to give Lowells a penny – if I was dealing with the original creditors I'd enter into a plan of some kind. I'm not in any position where I can make significant payments. Help....?????
  2. Hi I have been a member for a while and this is my first post, I will try and be brief I am in need of some advice on whether I am doing the right thing, in Feb 2003 I took out a loan with Bank of Scotland over 10 years, I ran into financial problems in Aug 2005 and went on a debt management plan with Payplan. In Oct 2005 I was informed by Blair Oliver & Scott that all dealings with the loan would be dealt with through them, I assume this is when the loan was defaulted as there is no trace of the loan with any of the leading CRA's however I was never informed of a default. I have made reduced payments on the loan since October 2005 £160pm instead of £229pm and have not missed any payments. I decided in Feb 2013 (end of loan term) to test the water and have not made any further payments, (probably a bad idea), I started recieving phone calls and messages from Bl Ol & Sc, asking for payment of the outstanding balance, and also letters, I used the letter templates from your library requesting CCA and letters asking them to make all future contact in writing, I recieved a true copy of the CCA, So a couple of weeks ago I requested a SAR, I recieved acknowledgment of my SAR but on the same day I also recieved the standard threatogram from BL, Ol & Sc stating their client has has asked that they start county court judgement. I am now worried and any advice would be greatly appreciated. should I cave in and start making payments again or wait until I recieve my reply to the SAR, I know from the stated outstanding balance that the original loan amount has been paid off plus about a third of the interest, I don't know if the outstanding balance includes any added charges which is why I requested the SAR
  3. Hi all, I need your help I find myself in a weird situation where I recently checked my credit file to find that BT had registered two bits of information all relating to the same account number with Equifax but the weird bit is they Show confliction one entry shows an account with a different 4 digits ending and the other shows another account with a different four digit ending both relating to the exact same debt hope I haven't confused yous yet. I recently contacted bt and they told me this was as a result of a bill incurred when I left bt for bt vision bt broadband and phone. When I discussed this with bt I disputed the legitimacy of the sale of bt vision to me at the time as I asked them if I needed to have freeview to be able to watch pause and record live tv they said at the time of sale no but to my shock and horror I did need it but we could not get freeview at the time so I felt I should not be held responsible for this contract as bt had miss sold me a product I would not have other wise bought after all why by something you cannot use? Bt said they did not accept this and when I told them at the time they had refused to take this back they stated they could not find any proof of this and that there evidence at best was sketchy I told them this was having an adverse affect on my mental health and causing a great deal of distress to me due to this issue and quoted them chapter and verse of Scottish contract law and miss representation which may lead to a consumer entering in to a contract they would not other wise do so and the consequences and what Scots law said from the stair memorial encyclopedia after some debate they agreed to write off this debt but failed to agree to remove two account entries from my debt stating it had nothing to do with miss selling and was instead on grounds of my mental health. When I first contacted bt I gave them the account number for the account which had been defaulted and they told me they could not find such an account and when I gave them the account number for the one which showed as settled they told me this was in fact the correct account they then stated that the account had been passed on to the debt collection agency and that as far as they where concerned was settled but that bt had registered a default on the 17/03/2010 but despite the fact that there own customer service agent states say for example account 1234 was the correct account the only default I can find is registered on a different account number say 4321. Now bt have refused to remove the two accounts what I would like to know is did bt breach the data protection act by Giving this debt two separate conflicting entries under two separate account numbers when in fact it relates to one account in this case say 1234 and by their own admission they where unable to find any such account ending 4321 is this a breach of the DPA? The reason I ask is there are two separate accounts with conflicting information on my credit file pulling down my credit rating and it seems like to me bt deliberately is attempting to miss lead people by giving these accounts two separate account numbers when in fact they all relate to the same account which according to their agent is supposed to be account 1234. I feel like they may have broken the rules possibly even the law but legally where do I stand can i insist this is sorted in to one account number instead of two or that this is removed as it is in violation of the DPA or what? I must say I find it highly suspicious as to why they would give it two separate account numbers for the same debt and also strange why they would have the two separate account numbers show conflicting evidence can someone help me here please I am confused as to how to approach this one a nd why bt feels the need to give the one debt two different account numbers? I hope yous can see why I am seeking your help on this one as I find it really strange in relation to posting two separate entries on my credit file with equifax stating conflicting info for the same debt. Robert
  4. Hi, I am in a similiar kind of situation. I have signed a consumer contract back in sept 2004 and moved to scotland in 2005. I did not receive any thing or acknowledge anything for over five years to my creditor( I am living and working in scotland for over five years too) I have a county court judgment made against me two days ago for not paying to the creditor. In the judgment it is said as the contract was signed in the england therefore the english prescription law (which is six years) applies and i m liable to pay the money. Any advice??? Thanks
  5. Hi I have masses of debt, which I am managing just now, but in a few months I'll be losing part of my income. I won't have enough income per month to keep up after that but realistically in a few years I'll have a fairly decent income and don't want to jeopardise my credit any more than I have to. I'm a homeowner and have a few assets but not enough to clear everything. I've arranged to see a debt counsellor at CAB to discuss my options. What should I be looking out for? My debts come to around £70k not including mortgages, and if I managed the payments it would all be paid off in 7-8 years from now. RBS group has the biggest chunk. If I had to with help and without selling my house I could probably get my hands on £20k or £25k. The options I'm thinking of are: - debt management plan - I understand it will decimate my credit file for 6 years, but maybe make the payments manageable. - trying full and final settlement letters - do companies go for this and do I have enough to go for it? Also I'm considering moving into a rental house but keeping my own house and renting it out - would this help things if I could declare I was in a rented property? Formal routes are not an option. Thanks for any advice!
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