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Assistance needed ith DG Solicitors


orky
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By way of brief background.

 

I have a credit card and overdraft with First Direct (FD) and in July 2006 wrote to them, after financial difficulties and included an income/ependiture sheet and my proposals to pay monthly. I have been paying this since then until August 07.

 

My monthly payments have been paid electronically and my payments could not be paid as it appeared the accounts had been closed. FD confirmed this is riting and also advised me that all future payments must be paid to Metropolitan credit services Ltd. I was not comfortable ith this and did not pay further.

 

In Sept 07 I started receiving normal threatening letters from DG solicitors, HSBC in house solicitors. I have CCA on both accounts. both account sI have received an applications forms in both instances and not properly executed agreements.

 

Today I have received a summons from DG solicitors in relation to the credit card.

 

I am thinking my defence could be I am paying what I can afford and FD have refused payment. Alternatively do I consider disputing the debt due to a not executed agreement being supplied.

 

All comments greatly appreciated

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Can you please post what you have received in reply to your CCA request - please remove all personal details before posting. Can you also please post the Particulars Of Claim.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi

 

Particulars of claim

 

The claimants claim is for the balance oustanding under a current account overdraft which despite demand, the defendant has failed to repay to the claimant.

 

and the claimant claims:

 

1 £xxxxxxxxx

 

2. Interest pusuant to section 69 of the county court act 1984 at a rate of *% per annum from the date hereof at a daily rate of £xxx to the date of the judgement or sooner.

 

CCA

 

 

I did not receive a written reply just a copy of the application form and a hand written compliment slip from Metropolitan Collection Services Ltd saying basically "pay us in 14 days"

 

Hope that helps a little

 

regards

 

orky

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Do you know if there are an charges on the account and, if there are, roughly what proportion of the overdraft do you think these might be? Is this an authotised or unauthorised overdraft balance?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi

 

the account was actually a credit card not a an overdraft as indicated in the particulars. ( i did have an O/d but it is not related to this action) . the credit limt was authorised.

 

regards

 

orky

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Hi

 

I am not sure what you mean.

 

I do not think they have trasfered anything to the credit card as the sum on the summons seems to tally with the alalnces I have seen before.

 

rgds

 

orky

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Hi

 

I am not aware that they have. certainly I have nothing in writing to confirm this.

 

Do you have views as to my original question of defence of the summons?

 

regards

 

orky

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