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  1. About two weeks ago (Jan 2019) I received a letter from DrysdensFairfax solicitors acting on behalf of CapQuest for a debt of £9900.07 which I want to defend on the basis of its being and unenforceable debt. The original credit agreement was with Virgin Money and dates from 2005 The original default letter dates from 2009. The debt has increased due to 'various court charges etc charges' that aren't itemised They issued court proceedings in 2014 which I defended, and they put a stay on the case.. they have recently requested for the stay to be lifted and a court date has
  2. Hello, I have a disputed Cabot debt of between 5-10k which was sold on to them by my former bank a few years ago. I had previously written to my original creditor with a CCA request, allowing them 12 (+2) days to provide the requested documents, then received a letter from them saying they were going to comply with my request and get back to me. I didn't hear anything from them again. The bank then sold the disputed debt to Cabot. I wrote to Cabot earlier this year with the following: I refer to previous correspondence in relation to the alleged agreement, copies of whi
  3. Our house was repossessed in 2009 and sold at auction to recover the outstanding mortgage balance. The sale left a shortfall of £25K+ which the lender came after me for, and being in our late-60s with no savings, assets or investments following a business collapse this is being repaid at £5 per month from Pension Credit sole-income. At this rate it would take over 400 years to settle. I have twice formally requested that this be written off, as it is clear that there is now no expectation in retirement of there being a substantial income or a radical change of circumstan
  4. Same old story I'm afraid..... We had a loan via GE Money/Home lending for £5500 and had only managed to make a few payments on the account when i lost my job. We spoke to GE and advised them of the situation, that the problems were only temporary and that we would make arrangements for the arrears to be cleared as soon as possible. The call taker insisted we make a payment arrangement but as we were living off thin air I was unable to do this. I offered £5 a month token payment which was refused and advised i couldnt do anymore at the present time. The debt was subseq
  5. Hi all, Have I made a mistake? I had an unenforceable credit card debt from 2010 has been passed through the following companies: Alliance & Leicester/ MBNA/AIC/Aegis/Wescot - Bank of America /Arrow Global/ Wescot/ Scotcall/ Vanquis Bank. In 2011 Letter from Arrow Global said Scotcall is no longer managing your account. It will now be managed by Vanquis Bank on behalf of Arrow, who will be in touch to let you know contact details and offer you the "Avant Programme". Never heard any more and 6 years later was offered a small credit card which I thought would help m
  6. Hello and thanks for your amazing forum I hope you can help, I've read loads of posts but can't find anything that matches my scenario: (I'll try and keep it brief!) I've got a C/card which was with Egg and is now with Barclaycard due to their purchase of egg. It's now down to £4300, (was more like £6k I think) I originally took it out in 2003 odd. I knew I had PPI with them, and so sent off my £1 and asked for my agreement, and have got back a letter which I wasn't expecting, stating that: "We are currently unable to provide a copy of the terms of your credit agreement as varied
  7. Hello anyone out there who knows what's what re CCAs and DCAs etc - will cut short a long story, an original creditor defaulted me 2/3 years ago on a credit card debt, on assigning the account to a DCA, registered amount owing at £0. DCA wrote demanding payment of original debt and I replied giving reason I believed debt to be unenforceable - DCA replied saying would look into this and usually required 4 months to do so. At end of 4 months, I noticed DCA had 'updated' the default, with original amount said to be due, without notifying me, this being some 5/6 weeks ago -
  8. 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 c
  9. Hi thanks for the advice. The other is from Barclaycard signed in 2000 . I have the credit agreement with a signature but this time there are no terms and conditions enclosed with the agreement nor on the actual application form . I do once again have correspondence from Barclays and Link regarding the sale of the debt. I have attempted with both original lenders and with Link to settle the debts on behalf of my partner as she is stressed with the situation Link require around 60% of the outstanding sums and i do not have the money available to do that and suppor
  10. I took out a Unsecured Personal Loan with Halifax online in December 2011. I was NEVER asked questions like, can you afford the payments, are you employed/unemployed, and I certainly was not asked about my income. This have got so bad I am currently on an IVA - Halifax increased the IVA from 5 years to 6 years forcing me to pay for longer. I am now wondering if bankruptcy is the best option. Do I have a claim that Halifax lent to me irresponsibly without going through my finances first?
  11. Hi All I would be grateful for some advice as to how best to proceed , i will try and make a long story short i got into a mess in 2006 joined a CCCS DMP and paid the majority of my debts off, tbh by 2011 I was exhausted by 5 years of living on the bread line, most of my debts were paid off and there were a couple left with amounts owing which were typically made up of PPI and charges (no i didn't pursue a claim) i gave up and nothing really happened apart from the odd threat o'gram. Stupid I know I have been receiving the odd letter from capquest and ign
  12. I'm writing on behalf of my partner who took out a loan with Minicredit 2012/2013. After receiving all the usual threatening letters and the ridiculous charges that was added by Minicredit/OPOS, he set up a DMP with Step Change giving the outstanding balance of the debt at approx £700+. Now, having read these forums it is very clear that the charges added are unenforceable. He emailed OPOS asking for an up to date balance and a full break down of the debt. The reply.. Balance : £240.33 Principal : £100 Interest : £85.00 Penalty 1 : £25.00 Penalty 2 : £55.00
  13. What makes the BoS void? My BoS from a LBL company has a witness signature but it's from their own employee who dealt with my borrowing from them. Surely the witness should be a 3rd party and not linked to the lending company in any way?
  14. Hi can anyone post a copy of a Nationwide credit card agreement from before August 1999. Cheers. These don't seem to contain prescribed terms.
  15. Hello, I am new to this site, but after reading many of the threads on here, I believe somebody may be able to help/advise me. MY Loan with welcome finance:  Took a loan £2500 on 21st march 2007  Paid 3 instalment £178/month  A CCJ has been issued on October 2012 for a loan amount £6120.00 and paying £35/month  PPI has been claimed and deducted from total amount.  Current outstanding balance is £4120 I have asked IND (Welcome Finance) to send me CCA and from CCA I have found that I have been charged £75 for Acceptance fee and £900 for PPI
  16. I took a £20k secured loan out about 1 and a half to 2 years ago now and been paying the extortiante rates back since. Never missed a payment till now. Ive hit financial difficulties and need some help. I believe my CCA in incorrect and am considering putting it into dispute also. I sent of the subject access request and the CCA request along with 2 seperate postal orders. One for £10 and one for £1. I received a letter today saying thanks for the requests but please send a cheque for for £1 and the £10 !! My postal orders were no where to be seen or even mentioned in the l
  17. Hi there, Can anyone help me please? I've had a summons issued in my name for a credit card debt where summons says the last payment made was made nearly 5 years ago. It's been sent to a different address. Is it too late to send a CCA request for my address, address of summons? I hope someone can help! Many thanks !
  18. Hi, ok this is long, complicated and quite hard to explain so thanks in advance to anyone who has the stomach to read the whole ringmarole! In 2006 we (my husband) purchased a car via a dealership, we had poor credit so the dealership used Welcome car finance as our lender. The salesman (call him 'S') gave us a rundown of the costs for the car which was £4,500ish and with the apr the total bill would come to around £7500. fine we said, so S told us it would take around a week for all the paperwork etc etc and he would be in touch. Later that week S rang my husband to say
  19. Hi I have written to the Halifax to request validation of credit card debt (£7800) and asked for a certified copy of the original credit agreement. They have sent me a photocopy of the "original signed application form" and a "reconstituted version of the original agreement". The form was dated 7 July 2006. Is this 'agreement' enforceable? Thanks
  20. I have filled in an acknowledgement of service to a claim by MBNA represented by Restons, where POA states: “ The claimant claims payment of overdue balance due from the defendant under a contract dated on or about xx/xx/xxxx in the sum of £xxxx.xx (£5K+) inclusive of interest to the date of this summons at 8% per annum from xx/xx/xxxx to xx/xx/xxxx. Particulars a/c no: xxxxxxxxxxxxxxxx DATE ITEM VALUE Xx/xx/xxxx Default Balance £xxxx.xx (over 5K) Post Refrl Cr NIL Later date xx/xx/xxxx Interest xx.xx Total: XXXX:XX Together with:
  21. Hi everyone, I'm new on here as a member, but have browsed this site for a long time.. in fact this particular debt had "gone away" due to letters I had previously sent from researching here, but has now resurfaced and I just want to check I'm in my right to go down a certain route with it. So, some background. I had a credit card with Halifax from 2004 to 2008. The non-payments happened as a result of a silly career choice in going self-employed and if I didn't make sales I didn't earn so I started having difficulty making payments from early 2007 onwards and the late charges (£35 a
  22. Hi all I have two interim charging orders from 6 years ago for Egg credit cards which have now been transferred to Barclaycard. I suspect that Barclyacard don't have all/any of the paperwork and I have made a SAR to Barclaycard. If it dos turn out that they don't have my records can I use this to get the interim orders set aside? Thanks
  23. Ok - so the debt is unen and we have a letter to prove it. Barcalycard give it to Robinson Way - we send them copy of unen letter. Robinson Way send debt back to Barclaycard. Barclacard send debt to Westcott. We send them copy of unen and receive this letter in return. Dear Blah We refer to your recent communication. Having contacted our client they have advised this account is unenforceable under s78 of the Consumer credit Act; however, this does not prevent collection activity. Our client is only unable to take legal action against you. In the circumstances, we beli
  24. Hi, Many many years ago I opened a Beneficial Credit Card (a moisten and seal application) which later was sold to Marbles and then to Capquest. From 2008 I made token payments to HFC (Beneficial) as I was struggling with my finances (due to disability etc). Beneficial were not the most pleasant to deal with, defaulted the debt quite early and sold to Marbles. Marbles were a pain in the ****, and refused to correspond in regards to the debt. I stopped token payments at this point. Marbles did not contact me at all for the whole year they owned the debt, nor provided
  25. Hello, I have a default in Aug 2009 with a credit card with a balance of £17000. There is no CCA with the OC and so the debt could not be pursued. This debt was subsequently sold to Cabot despite no CCA in Feb 2011. I told Cabot to get lost as there is no CCA and they can't enforce it. They obliged and got lost. Cabot said something along the lines of 'oops they didn't know that there was no CCA and bought the debt from the OC in good faith'. They left me alone and didn't pursue the debt - that's a couple of years ago now. Saying that they are still updating my credit file
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