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  1. Hello folks, i have been reading the various posts regarding the M&S cards that were transferred without permission to a credit card with higher credit limit etc to get an answer, but i can't find what i need to know. I have received a court claim form claimant Arrow Global regarding my old M&S a/c. I have not seen a deed of assignment and up until a few months ago the account was still on my credit file as M&S in default, then Arrow added themselves to my credit file for the same sum without me being informed, so I had both. Now M&S have disappeared and Arrow remain. My original M&S chargecard was taken in approx 1994, it was converted without any new terms, signature etc in approx 2003/4 I believe? I had some issues paying due to a flooded business/bodgit builders and entered into an agreement to pay reduced monthly instalments, which eventually lowered to £5 per month. Despite entering into a temporary agreement they defaulted the account, which they said they had to do to allow the lowered payments. I cannot remember when i last paid the instalments due to various stresses and disabilites, including a brain glitch that effects my memory, but I dont think I have paid for a couple of years (I am making enqs). The claim is addressed to my christian name, but only the second half of my hyphenated surname, at an address i no longer live at, albeit I still have a connection there, which is how I received the claim form, but nothing prior to his? Should I just do acknowledgement to defend, request the original docs, then put in defence that they do not have a signed agreement, therefore there is nothing to claim? Are Arrow able to claim the monies if I have not received an assignment? Is anything enforceable? Any comments much appreciated. Many thanks in advance. JQ
  2. Howdy, I have a situation that I would really appreciate some input on. Recently Lowell contacted me for a debt I thought i had paid off in 2008. It was as credit card that I took out as a student. I had no previous contact from lowell until earlier this year. I received three letters demanding a sum of money and ignored them. I then received a pre court letter. When i contacted them they said the only way to prevent a cci was to set up a token payment plan in the meantime and they would provide me with proof of the debt. They told me to disregard the court letter. I agreed and set up the plan. The evidence i asked for didn't appear and i cancelled my direct debit before any payments were taken and then called them to ask whats going on and they said they were still waiting to hear back from the original debtor. A couple of weeks went by and then i received a letter from the court saying that a CCJ has been made. I have now received a letter from Lowell saying that they do not have any copies of original agreement etc and the debtor doesn't have them either. What can I do in this situation? I understand that once a ccj has been made there is not much one can do as even though its an unenforceable debt it has already been enforced but can they really demand the money without any evidence I still owe it? Any advice would be greatly appreciated.
  3. Hi I wonder if anyone can help. I have various CCJ's which are being paid and a recent check on my credit file shows that all my previous old defaults/CCJ's have disappeared since it was more than 6 years since they were applied. One particular one is a credit card from Halifax which is for £5.5k. It was only ever defaulted and I am now starting again to receive letters for settlement. Over the years this has probably been passed on and I recently received a letter from Marlin who were appointment by Cabot Financial. I ignored this and they have now passed it onto Reston’s who are threating court action. One thing to note here is around this time in 2009 I did contact the CCCS to start a debt management plan and only ever made 1 payment to them. I am unsure who the CCCS actually sent the money to but I am guessing they split it over all my creditors by apportionment. My question is because this payment was made, is there any point writing to Reston’s saying the debt is statute barred? Would I be wasting my time as they will have a record already of the last payment being 5 years ago? I am tempted to just ignore the Reston’s letter but I have a feeling they will go for a CCJ. Any advice would be most welcome. Thanks
  4. Hi, please excuse me if I'm in the wrong forum, but I am completely new to CAG and am looking for some help. My home was repossessed in 1999 by a loan company, who then pursued me for the "shortfall" between the outstanding loan and the sale price of the house. I am wondering if this debt is enforceable if the solicitors who are now receiving payments cannot produce a copy of the original credit agreement, or if they can, can it be rendered unenforceable if the agreement doesn't comply with the Consumer Credit Act? Thanks for your patience.
  5. I am taking MBNA to court. However, isn't it time these delinquent were finally dealt with? Everybody who has been dealt illegally by MBNA should write to their MP. They certainly are the worst credit company around. It's really time they started abiding by the law. They willingly and repeatedly break the law because they get away with it.
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