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    • sorry I have been confused by Statute Barred meaning. I thought with Statute Barred the debt cannot be chased 6 years after you have stopped paying.  Originally I set up a payment arrangement with all the companies around 2008 when things went horribly wrong. At that time the payment arrangement was with the original creditors.  I still have one of the original creditors who I pay each month (Cap1). I thought that if you make a payment arrangement you have to stick to that situation throughout. Also, MDR (Moorcroft) have been taking a monthly payment on behalf of M & S Bank for about 5 years. When I sent MDR a CCA request I got a copy of the original agreement sent to me directly by M & S Bank about 5 weeks after my CCA request. Sorry for my ignorance but would you suggest I stop paying all including Cap1 who are the original creditor? TIA
    • London1971 without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks  
    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
    • Easy to set one up on Gov.uk , search on Google.
    • Hi London  he doesn’t have government gateway. Should we do it via post?
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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you cant really stop them asking her for a interview as it is now a procedure she has to go threw.

 

You can ring them on tuesday and say she is to unwell to attend and any interviews would need to be done at her house.

 

The problem is the interview effects her benefits so if she doenot turn up they will be instantly stopped. but you can appeal this due to illness. He illness should be a good reason for her not having her benefits stopped.

 

Just ring them and explain the situation they might be helpful.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Another issue resolved - well done :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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can some one answer a question for me - MBNA have sold on the Debt which cant be chased, Everheds have said as much, so whats the point? Its a write off to who ever has the debt, isnt it? I am very confused about this, I am sure its nothing that I need worry about, but its seems a pointless excercise.

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can some one answer a question for me - MBNA have sold on the Debt which cant be chased, Everheds have said as much, so whats the point? Its a write off to who ever has the debt, isnt it? I am very confused about this, I am sure its nothing that I need worry about, but its seems a pointless excercise.

 

All these companies seem to specialise in pointless exercises. I think they do it in the hope that they will bleed a few pounds out of some poor person who is intimidated by the harrassment.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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jsut inform them about the brankruptcy and inform them that MBNA nos about it.

 

Also infor the OR as MBNA my have broken some rules.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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can some one answer a question for me - MBNA have sold on the Debt which cant be chased, Everheds have said as much, so whats the point? Its a write off to who ever has the debt, isnt it? I am very confused about this, I am sure its nothing that I need worry about, but its seems a pointless excercise.

 

Eversheds, Max Recovery, and other similar companies buy bankruptcy debts.

 

They buy them in bulk and pay very little for them. While most will never generate a dividend from the OR/trustee, the odd one or two that do means they will on average make a profit.:rolleyes:

[SIZE=2][COLOR=SeaGreen][FONT=Verdana][URL="http://www.nationaldebtline.co.uk/"][/URL][/FONT][/COLOR][/SIZE]

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Eversheds have said that we will never hear from them again as they will be talking to the OR - well they will not get anything for this one - as the OR has already determined there is no income that can be used (benefits being exempt), there are no assets either. So there must be enough people out there who go bankrupt who do have to pay something, thus making it worthwhile for the likes of Eversheds, interesting. Will be interesting to see what happens with the Barclaycard one, although that is currently in their fraud investigation department. They were the worse as far as chasing my daughter was concerned, but they did believe my daughter regarding the impossiblity of the expenditure on her card being my daughters doing, especially the ones where my daughter was in intensive care in Papworth, and the spending being done in Belfast.

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It'll be interesting to see what Barclays do with that.

 

If it does get sold on then most of them go to Max Recovery, which was why I mentioned them earlier. Again, they are normally very easy to deal with.

 

For example: Barclays sold my debt.....?

[SIZE=2][COLOR=SeaGreen][FONT=Verdana][URL="http://www.nationaldebtline.co.uk/"][/URL][/FONT][/COLOR][/SIZE]

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  • 2 weeks later...

OK so we thought the worse was over - Council Tax - it seems that the Borough Council have decided to recalim the bit that was put on the bankruptcy by 1. bringing it forward to the new tax year, and 2. by cancelling her council tax benefit - of course the letter arrived on this (Saturday) morning so we cant talk to them until Monday morning to find out exactly what is going on. bu from the Council/housing Benefit office there is a letter clearly stating that they have cancelled her claim for Council Tax, does not say why and that they want the following two amounts of excess Council Tax Benefit Back £586.22 and £47.63 and the method of recovery is against her Council Tax Bill - however what I do not understand is that her council tax bills are for more then those amounts, the smaller amount is on one of the amended bills, the bigger amount doesnt show, in fact they want £950.77 from her. She cant pay this, her income is way too small to be able to afford these amounts. Dont understand at all why this has happened, trying not to panic on her behalf, and she isnt panicking 'cause she believes that I can sort out everything - I wish:(

 

 

Oh and Barclaycard are still investigating - now not sure if its the fraud dept or as a result of my complaints to TS, FOS etc. they have given themselves another month to satisfy themselves and us!

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If I were you, I would PM sequenci. He is having a few difficulties getting on line, and so if you want I will forward your email to him.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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panic over - what a pallaver! they have to send out all these letters to close the joint account, then they open the new account and give her her full council tax benefit, and send out more letters. How the hell do people cope with all this stress that these letters cause? Why does everything have to be so complicated? Transparency and simplicity would be so much bettter.

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Well its a council thing really.

 

What i found when i moved was they sent us a letter saying that we were not entitled to HB/CTB but never put that itw was for the previous tenancy.

 

So when i rang them up they appologised and said it was an error.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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panic over - what a pallaver! they have to send out all these letters to close the joint account, then they open the new account and give her her full council tax benefit, and send out more letters. How the hell do people cope with all this stress that these letters cause? Why does everything have to be so complicated? Transparency and simplicity would be so much bettter.

 

I think these people think we would be bored if everything was simple. I mean, we would be able to focus on our family and living our lives if we didn't have all this rubbish to deal with - heaven forbid :eek::mad:

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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sister.

 

If they made everything simple and transparent then they would not need to have telephone pll to tell you yes we have made a mistake nor would they need to have ppl at a front desk to say the same.

 

Also i think they just wanted to cause a problem as they can.

 

How is your daughter now anyway?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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sister.

 

How is your daughter now anyway?

 

 

Ill - another infection. One of the vascular surgeons tried to blackmail her in to something she doesnt want, and told her that she would die if it wasnt done - he didnt allow for her knowing a little bit about her condition, and although it was upsetting she gave him what for with facts and stats - he later went back and apologised to her. I currently dont have much faith in those who are supposedly better educated then us - so many doctors and surgeons think they know it all - but they dont, they all know a little bit and are unwilling to see the whole picture. We are starting to take her out for little treats when she feels well enough. Some times she agrees, mostly she cries off, still trying to get her to come home (that is for my sake I agree - its so hard running two houses and working and trying to be a grandma to the little ones - so things get forgotten about, even serious things like end of tax year - got to work a bit harder, maybe start working through the night:( - need another couple of pairs of hands, or maybe an clone of me:wink: )

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lol completely agree the the allerged proffessionals there sister.

 

They still cant agree with what date i am due. it is now ranging from between the 5th june and the 15th june.

 

Glad she kicked his backside but i bet he did not like it.

 

Is there not a family member that can help with the basics like dropping buy and help with housework or end of year taxes maybe if you explain to them that your daughter is not well then they may give u a bit of breething space.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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well it was just a idea. maybe just maybe she will see sense one day and come home. She may think she will burden ppl.

 

Good luck with everything and try not to stress your self out over this.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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thank you Chrissi

 

problem is that we run a couple of family businesses, thats what gets us the money to live on, theoretically I have loads of sisters as well as a brother, but I am the one who is supposed to help them being the eldest, i was told this in no uncertain terms when I asked them to think about us (daughter and me) when we went in to hospital 16 years ago for me to give a kidney to my daughter - I was asking for the world it seems, I was told that I shouldnt be bothering them with my problems, their lives were so much more fraught - I wasnt asking for anything concrete not even help for the care of my eldest daughter - she came and stayed in the hospital with us! I at that time a single mum with two youngish children one of whom was poorly. So I managed then and now I do have a partner who is wonderful and supportive, but there is a limit as to how much we can all do, so things do slip. We manage and will go on managing, and we do have some fun and laughter, but I could do with that holiday we had to cancel during March! I could sleep for a couple of years given half a chance. (We did have a few good years between transplant and cancer - now we talk about good days!)

 

Ah well lunch break almost over, off to postal pack all the orders! (Jill of all trades - thats me)

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well that is tupid. I am the eldestbut if l need help i ask and i get it. yes my partner is wonderful but as you said there is only so much that you both can do.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Its been taking forever but we now have the definitive answer. Virgin will not give her an account for TV and telephone, not even with a substantial deposit until she is discharged. They will not put it into my name as I already have an acount at a different address. They will not accept a guarantor either - all this via the CEO office.

 

There is no Aerial at her house so we will have to pay for that and a freeview box, considerably more expensive, and we need to persuade BT to give her a telephone account - now we know the downside of bankruptcy

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sisterno1, don't give up - get in contact with your local MP, the money program, business lunch etc, and if necessary buy a single share and inform the MD that you will be visiting them at their annual general meeting and asking them why they have chosen such action.

 

Basically, make a hell of a fuss;)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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oh can l help l love making a hel of a fuss.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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