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  1. OK. I'm new here so please be gentle I got into a lot of debt in 2002. Long story! I'm working for a company that works closely with the MOD. I was honest about my debts but got side blinded when they discovered a ccJ for over 15k This loan did not show on my file. Experian says because my addresses are not linked it didn't show? From the info Experian have given me, I have called these companies Carvale creditor Britannica Recoveries Restons Solicitors Cabot Financial Resolve Cabot say they've passed the debt to Resolve who can't trace me. The cAN was issued
  2. Hi I had a debt with Barclaycard in 2004/05 for £476 and then facing financial trouble, I have an IVA in 2007/08 which failed because of emigrating to Australia for 4 years. Since 2006/07, I had no contacts with any financial companies and didn't pay any money to anyone, other than GE. I have come back to UK and since then paid off GE. But, I have no communications from any financial companies. I checked my credit history and there was nothing showing from any financial debts from 2006/07. I did get in touch with Barclays but that was for a PPI claim which they paid up. I
  3. I guess it is same old story, had a lot of credit cards due to expenses from old job, always paid them off until things went wrong with work. Long story short, had about 6 cards and several other debts, debt was between £50k and £80k, interest was frozen, it is just I lost most of the paperwork when I was homeless. I do have PDF's in cloud of bank statements. I foolishly serviced the cards for years, until finally accepted I could not afford to service them, Then even more foolishly I kept the debts alive for even more years by making token payments. Then things got even wo
  4. Please help, I'm not sure how to handle this claim and don't want to get it wrong! Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 30th Aug 2016 Date to submit defence = - by 4pm Friday 30/9/2016 What is the claim for – 1.The claim is for the sum of £13718 in the respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxx-xxxxxxxx. The debt was legally assigned from Santander UK PLC to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of th
  5. Hi there I'm looking for HELP on defending a claim I received before Christmas SO NEED HELP ASAP PLEASE CLAIM DETAILS issued on 14th December 2015 the account was started on 07/2001 Claimant - Hoist Portfoilio2? Cohen solicitors At Northampton CC Particulars: the claim in respect of £2,XXX.XX in respect of monies owing pursuant to an overdraft facility under bank account number XXXXXXXXXXXX The debt was legally assigned by MKDP LLP (Ex LLOYDS BANKING GROUP) to the claimant and notice has been served. the defendant has failed to repay ove
  6. Hi all, I've read a lot of people in a similar circumstance to my own on here, but thought I'd post my case as it progresses. I received a letter from some company called Honours Student Loans (HSL) a few days ago saying that they have 'now located me' and that I owe them £1600 in 'arrears' for a debt of £2500 and they have also applied a 'trace fee' to my 'debt'. From what I've read on here I'm not the only one, although a lot of the cases I've read are quite old now, so not sure if they've changed their tactics at all. Incidentally my original loan w
  7. Hello everyone. I am helping my partner defend a recent claim received from Bryan Carter on behalf of Lowell. There were some outstanding debts on my partner’s credit file upon our return from living abroad for the past six years (winter 2008 to winter 2014) but all default dates were shown between March and May 2009 and have since dropped off as they were over six years old. Since receiving the claim and prior to finding this excellent forum the claim was acknowledged I posted an edited template found on another site to Bryan Cater stating the debt is statute barred an
  8. Hi there, I have received a Claim Form for a debt i believe to be Statute Barred. The Claimant is Arrow Global Guernsey Limited and they are being represented by a Solicitors firm. In the Particulars the Contract date is 12.07.2008 whilst the assignment date to claimant is 20.12.2011. I am pretty certain that there has been no payment from 2008 onwards and any previous payments were initially made from a company account where the company has now been dissolved. The company used my credit to obtain a credit card. The debt has never appeared on my Credit File (requested from
  9. Just had a lovely chat with someone at Mortimer Clark. I'll call him Matthew, for that was what he called himself. He declined to give me his mobile number, employment status or value of rent or mortgage - but I guess that's only fair since I declined the same information. He was very keen to discuss a loan that "their client" apparently bought from BlackHorse some time ago, but since I knew nothing about them and have had a dispute running on it for so long that I'd forgotten it ever existed, we didn't get very far. Hit stalemate regarding the dispute as I wasn't pr
  10. Hi guys, My brother has received a Claim Form from Northampton Coutnty Court, and has asked my advice on how best to proceed.....I wasn't too sure so I thought I should ask you experts! The particulars of the claim states; "The claimant claims for sums due under a/various Credi Agreement(s) related only to money regulated by the Consumer Credit Act 1974 entered into between the Claimant and the Defendant. The agreement(s) was/ were terminated upon the Defendant failure to comply with the terms of the Agreement(s). The claimant complied with Section III and IV of Annex B of the
  11. A quick question as I might need to act fast. My wife has just had a Scottish small claims summons delivered to her previous address, though Nolans know her current address. I think that this is statute barred as I believe it to be over five years from her last payment. Is it safe to phone Cabot to ask when the last payment was made? Or should this be asked in writing and the court asked formally for an extension of time for their reply? I will try and post more detail tomorrow. The promised further detail. The Form 1a was sent by Walker Love, on the behalf of Nolans S
  12. I have received today a county court claim form from MKDP for an account which I am positive is now statute barred. I never made a payment on this account and never made contact with the various companies over the years acknowledging the debt. The entry on my credit file was removed at the beginning of the year so know its over 6 years. The particulars of the claim state: The claimant claims the sum of £703.57 being monies due from the defendants to Nationwide under a bank account facility assigned to the claimant on 10/10/2011. Could someone advise what I need to
  13. Name of Claimant: Lowell Portfolio 1 Ltd re Lowell Finance Ltd Documents and payments send to: Bryan Carter Solicitors. Date of Issue: 23 May 2014 What is claim for: This claim is for 800 the amount due under an agreement between the original creditor and the defendant to provide finance and /or services and/or goods. This debt was assigned to/purchased by Lowell Portfolio on XX 07 2013 and notice served pursuant to the law of property act 1925. Particulars Lloyds A/C No xxxxxxxxxxx And the claimant claims 800. The claimant also claims interest pursua
  14. I have a disputed account that was passed among various lenders over the years as one bought from another. On each occasion as and when I was contacted I responded repudiating their claim. None of the companies involved attempted to prove their claim in court and now the matter is statute barred. Upon receipt of the latest letter I responded to the current holder of the alleged debt in writing advising them that as this had been in dispute for over 5 years that under the terms of the Prescriptions and Limitations Act (Scotland) 1973 that the matter was now time barred
  15. Good evening all, I'm hoping you can give me some advice on a Student loan I took out in 96 which has now been passed to a DCA in the last few months due to being sold by SLC (as was) and they are now starting to chase. I went to Uni as a mature student back in 93 and received a student loan for each of the three years of my BA(hons). Since 2006 I haven't paid a penny or acknowledged the debt. HOWEVER, I did send back the deferment forms proving I wasn't earning enough. So, does this count as acknowledging the debt? Or can I assume it's now SB
  16. Hi there I have a couple of defaulted debts (unsecured loans) showing on my credit file. Both accounts are shown as defaulting in mid 2009 and since then I have made regular, agreed payments against both of them up until late 2013. At this point I requested cca's from both DCA's but received no response from either. However, rather than cancelling either of the direct debits I simply reduced them to 1p per month, which is where we are at now. I haven't heard from either of the DCA's since doing this by the way.. I understand that the Statute Barred trigger is
  17. I have an old business bank debt - just over £25k which due to circumstances I could not afford, and I ended up paying a £1 per month to a DCA for some months. Then they stopped dealing with it, and although I contacted the bank, I was never contacted again, until now, about 5 years 9 months later, when a new DCA has rung and wants me to call back and it can only be about this. I appreciate there is a moral and legal situation here. I owe money, but money was also added on with various insurances the bank made me take out, and charges. If I don't pay a
  18. Hello all, My second enquiry so far is regarding a debt I suspected was statute barred even though it is showing as due to be stat barred in May 2014 on my credit file. The original debt was with barclaycard, after receiving some fast paced threats recently from fredrickson and now bryan carter on behalf of lowell, I called barclaycard to get confirmation. The last payment received on this account was dec 2004 through the original creditor barclaycard and was charged off at the end of May 2008 and then sold to lowell in 2010. What is the next step I shoul
  19. Received a court claim for £14,300 for disputed MBNA card agreement assigned to Arrow Global from Restons Solicitors. Card was sold to me at Heathrow airport, face to face in 2002. I seem to remember something about the process of the sale not being normal. But in any case, it is 6 years since any money was paid to this account. I issued a S78 request in December 2007 and did not get a satisfactory response including no terms (not even reconstituted ones). No money has been paid since December 2007. So I think the alleged debt became statute barred at th
  20. My parents have one debt each. One from great universal catalogue which was last paid £15 years ago. The other an old debt about 13 years ago from comet for a tv that had about £100 left to pay but the balance is now over £900 which is now with activ capital. These haven't been acknowledged in this long. Are these statute barred and how do I proceed from here? Thanks
  21. Does anyone happen to know if banks can still access current account funds to set off a statute barred debt? No contact for well over 6 years regarding repaying the debt (to be honest, mother in law would stand no chance of paying it off anyway on nothing more than basic state pension so it maybe was written off)? No funds have ever been taken from her current account to offset so have the bank set a precedent by failing to take a single penny for over 6+ years? Or could they literally come back to her at any time and remove funds from her account? Thank you.
  22. Hi everyone, looking for some advice from anyone who may be able to help. I have 2 debts which I could not pay. CAB advised me to wait for any court action to be taken, that was over 5 years ago now (Dec 2005) I have never been taken, or threatened with being taken, to court over these and the debt has passed from collection agency to collection agency. I had no way of attempting payment on these and now I believe they are statute barred due to 5 year period in scottish law. I looked at my experian report and one shows defaults for over 5 years but the other shows
  23. Hello all I write this thread in assistance to all who may find themselves in a similar position. I have started to get the dreaded letters and constant phone calls, calls from variously named companies, calls and letters which would and does shake the uninitiated, from a particular company called Lowell Scary - yes they can be - intimidating - yes they can be, however thanks to this wonderful community that is the CAG, help and assistance is always close by, closer than you think! Now, these letters and phone-calls are nothing new, in fact they are exactly the same as this
  24. Hi everyone, This is my first post so I apologise if I am in the wrong section for this type of query. A forum member at Moneysaving Expert recommended I ask for help/advice from CAG and I have spent the last couple of hours looking over posts but I just need a bit of clarification if anyone can help......... My husband received a claim form through the post from a county court on Tuesday. The claimant is a DCA and on the claim form they say that a Notice of Assignment has been sent to him to explain that they now own the debt. The sum they are claiming with solicitors
  25. hello, to cut a long story short I've had a couple of letters from red debt collection services for a debt which I'm pretty sure is statute barred, I sent them the SB letter by special delivery on 21/05/13 guaranteed to arrive before 1pm the next day (which it did), anyway I've since received another letter from them dated 24/05/13 stating that if I don't pay they will "be sending my account to a field agent or one of chosen debt collection partners unless you arrange repayment" Nowhere in this letter does it acknowledge the SB letter they have received, could this be an automat
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