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    • Welcome to the forum. You've posted your story in a very solid block of text and this makes it very difficult to read – especially for people with small screens. Apart from anything else, this will have the effect of discouraging people from taking the time to understand your story and to give you the help you need. Please will you repost your story properly spaced and punctuated. Thank you
    • not sure about 8, cpr is not compulsory to reply within 7 days cpr is a request, p'haps might be better to refer to the CCA request ...which you seem to have totally omitted..   I have had ****** Loans in the past - i would stick to financial dealings, this i nothing to do with loans.   generally it needs fluffing out a bit, a WS should not simple be a page pulled from a diary.   dx  
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    • Hello   I wonder if someone might be able to clarify a problem for me.   I have an old problem raise its head again with cabot finance.   There were 2 bank debts that occurred at the same time that I was unaware off. My Ex wife continued to use a bank account and 2 the debts occurred.   I successfully defended a claim from cabot via MCOL regarding a SB debt 6 years ago. This debt had no previous recovery action on it and therefore SB defence was successful.   It looks like of their parent/sister company (Mortimer Clarke) company issued a CCJ for the other debt in 2011 but the court documents were sent to an address that I no longer lived at and had left 2 years previously so I was unaware of them until I checked my credit report and saw a CCJ on my file. The next time I checked back the CCJ was not showing. I did however manage to obtain a backdated report showing the CCJ recorded.   The CCJ is no longer on my file and no adverse information is showing.   I wrote to Cabot back in 2019 to say that I believed this debt to be statute barred and they wrote to say that as they had obtained a CCJ in 2011 that this was not the case.   The CCJ is no longer showing on my file and calculating that it would have dropped off around 2017 so is it in my interest to try and get this removed from old records? Is it a defence that the court proceedings were sent to an address that I had moved away from 2 years previously or would entering into any such action reignite the CCJ/debt.   I have looked at various comments on the Internet and from what I gather cabot may need to return and get permission to chase the debt ? Is this correct.   I no longer own any assets (other than a car) in the uk as  they are writing to my partners address as she still owns a property there.   Many thanks for reading my post, if anyone has any suggestions to point me in the right direction or confirm my thinking that they are just hoping that I will pay,it would be much appreciated.   do I just ignore them ?    Thanks Dave
    • Hi... well I was a idiot and got a log book loan from car cash point.... if only I knew how underhand and disgusting this company was I would never have done it.  They haven’t been very flexible considering it’s been a global pandemic and I’m a hairdresser so have been off 9 month more or less. So many things they have done must be illegal. They made a arrangement with me on the 20th December 2020 if I paid 300 and then my monthly 110 it would stop repossession, which I did, I had correspondence with them on the 11th say my full balance due on the 18th Feb was £1875.29 even though in earlier correspondence we had changed payment dates to 28th as that’s when I get paid . In the email on the 11th nothing is mentioned about a 3rd party or repossession. On 23rd Feb 2021 8”I get an alert through my insurance my car is moving, I’m in the house , nobody knocked nothing they took my car with all my possessions without the keys and didn’t let me know, if they had I would of been able to try get the funds. 2-3 days I have been arguing with them and the repossession company. They took my car over 40 mins away with my bankcard, shop keys everything in. I managed to borrow the 2000 pound as it had shot up to 2274.29 within days. I went to collect my vehicle yesterday which was another nightmare trying to tell me to wait another 24 hours which I wasn’t they had the money I wanted my car. On getting my vehicle on inspection they have damaged my car, it had a knock above the wheel arch I have proof of it before as I done it getting into work but they have took my paint work down to the metal.you can see it’s where they must of tied it to tow truck. I’m not letting this lie Everything they do is so corrupt me and my solicitor friend are going through everything with a fine tooth comb I’m going to ombudsman and I’ve also wrote to watchdog. I feel very strongly as this  company are nothing but criminals through legal loopholes. Has anyone had any similar experiences with this company and had damage to their vehicle? I think if enough people complain they will get investigated. I feel it was bully boy tactics as I said I would be able to pay hence the arrangement they made with me. 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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1st Credit/LCS RE LLoyds loan scotland


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You don't need to use a solicitor - in fact many solicitors are not overly familiar with the Consumer Credit Act. It would be Lloyds that you would push as 1st Credit are no longer dealing with the account.

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,

 

I am new here and as I have a similar situation with 1st Credit I thought you might be able to solve a small problem of interpretation for me.

 

When the 12 + a further 32 days have passed what is the exact legal situation and my position as a debtor? 1st Credit were requested 01 December 2008 to produce the original signed credit agreement which they ofcourse have not done, nor have they returned the alledged debt to the original creditor (a high street bank). Now, after the 42 or 44 days without any credit agreement is the DCA in breach of the law? and what about the original debt?

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Thanks again for the help and advice.

 

I am just finishing of the letter to send the new DCA and will be posting it tomorrow (recorded delivery) but i was wondering if i should be taking out the line below or do i leave it in?

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

 

Thanks again

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I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

Have you got a letter of assignment from the original creditor? If you have not then you are within your rights.

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Scorpion you can leave that in because you don't have any knowledge of this debt.

 

Gustavious rex there is now no summary criminal offence committed once the calendar month is up. The offence was never enforced anyway. If the original creditor or another DCA now request payment towards the account while in default of your request then they are committing an offence under the Consumer Protection from Unfair Trading Regulations 2008.

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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Great,

 

So what is the situation a year down the line? This is not my first ''dingaling'' with so called DCA's and Ive got out of some £40,000.00 wth one, however, the problem is the time. What if they will ''find'' the agreement some day in the future. Is it still enforceable?

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Got to apologize here,

I do not mean to recommend anyone to not pay their dues. The problem is that we have to many blood sucking creatures that will front load your account with interests to be added and then default you in order to virtually double the amount you owe. I do not feel sorry for these outfits and considering what the banking industry in general has caused lately I say screw them all.

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What if they will ''find'' the agreement some day in the future. Is it still enforceable?

Yes, if it contains all the necessary prescribed terms (many don't). Having said that usually they find these things fairly quickly or not at all.

 

If you want help on your specific information on your situation then it is best to start your own thread. If you don't know how to start a thread have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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,

 

I am new here and as I have a similar situation with 1st Credit I thought you might be able to solve a small problem of interpretation for me.

 

When the 12 + a further 32 days have passed what is the exact legal situation and my position as a debtor? 1st Credit were requested 01 December 2008 to produce the original signed credit agreement which they ofcourse have not done, nor have they returned the alledged debt to the original creditor (a high street bank). Now, after the 42 or 44 days without any credit agreement is the DCA in breach of the law? and what about the original debt?

Advice i have been given, is that if the original lender has a customer credit agreement with the debtor, and were to pass it on to a DCA such as 1st credit or anyone else then they would be in breach of the data protection act, i agree with Rory that it would be best for you to start a new thread on your dealings with the creditors, i feel you have a lot which could be of help to you and others on this forum.

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  • 3 months later...

It's been quiet for a couple of months but Lloyds are back and make no mention of my account being in dispute or the fact that I have made a CCA request.

 

The name is correct on this letter this time and the account number I do recognise.

 

 

It also make reference to the account number i didnt know that Apex had used and were demanding payment for.

 

Do i contact Lloyds direct now or just sit and wait since the account is in dispute?

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Send LTSB letter 16 from here:

 

The Consumer Forums - Debt collectors

 

Amend to suit, send recorded keeping a copy with your postal receipt, do not sign it print your name.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 1 month later...

Sorry for the delay in answering but I have been unwell.

 

I don't know if i did the right thing or not considering the account is in dispute but I made payment plan arragements with Lloyd's. I had originally been on a plan but they removed me as the time I could stay on it had expired and thats when I hit problems with First cretins and the Apex.

 

I also had a look at my credit file and this account shows as default. should it show as that as the account is/was in dispute. Can that be removed?

 

Does the account still stay in dispute even if i am back on their payment plan as long as they don't come up with my CCA?

 

Thanks all.

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yes it can still be in dispute. they should not apply defaults during this time but most of them do.

 

what is it you actually want to acheive on this account?

 

 

ida x

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I think I have achieved what I wanted to be honest.

 

I was quite happy paying my reduced payment until the short term agreement ended and Lloyd's passed it to a DCA.

 

Now that it is back on a payment plan for an amount I can afford I am quite happy to pay it but I just wondered if it was still in dispute so if the payment plan ends again then I know it shouldn't be passed to a DCA due to it still being in dispute.

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They can still send it to a DCA, the option you have is that while no CCA has been provided, then you can withhold payment if you wanted, so if you are happy being back on the payment plan that is fine, if at a later date they were to pass it on to a DCA, then you could again point out that the account is in dispute, so you have options open to you.

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Thanks for that.

 

I think Lloyds only put you on their internal payment plan so to speak for about a year so when the years up I just assumed they wouldn't be able to send it to a DCA this time as the account is still in dispute.

I will just need to cross that bridge when and if it happens.

 

Thanks again

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Apologies for hijacking your thread, looking for some urgent advice for the OP in the following thread.

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/199218-council-tax-benefit-help.html

 

Thanks for any advice offered.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

Out of the blue Lloyds have sent me this. Would I be right in guessing that this is my CCA and therefore my account is no longer in dispute?

It did have my signature on it at the bottom.

 

Thanks all.

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Is this ALL they have sent you ?, there should be terms and conditions as well.

 

This looks like a personal loan agreement, yes?. You might want to have somone check the figures (APR) to see if they are correct.

 

I see the optional Payment protection has been marked did you agree to this cover, and is it still included in the repayment plan?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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although they should have sent the t and c's with it ,the loan itself looks ok and enforceable. (if figures are ok)

 

what about reclaiming the PPI:

 

Payment Protection Insurance (PPI) - The Consumer Forums

 

Ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Out of the blue Lloyds have sent me this. Would I be right in guessing that this is my CCA and therefore my account is no longer in dispute?

It did have my signature on it at the bottom.

 

Thanks all.

 

I see the "optional loan protection) was pre ticked.. you might want to have a look at the posts in the following thread on reclaiming the PPI if it is considered mis sold. From post 137 onwards.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/201020-court-case-3-northern-14.html#post2370963

 

I will try and find someone to look at the figures on your loan agreement for you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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