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    • Last one for the night, do I send the Statue Barred letter recorded to the PO Box address on Overdales correspondence or to this address 2a, 606 Business Park, Staithgate Lane, Bradford, West Yorkshire, England, BD6 1YA for Overdales?  I found the second one on the Gov.uk company search engine. Thanks PM
    • Hi. Many thanks for your continued help. I will follow the advice and not get involved with phone calls, email only. The house was repossessed by the mortgage company Southern Pacific not Central Trust, but they did try some years earlier. They seemed to be taking it in turns at one point. I don't remember saying the debt had been sold to them or anyone else, as far as I am aware the house covered the mortgage, I have never heard from them. I just don't understand the figures or the terminology they used to explain the costs, find it baffling and far from clear.
    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
    • Evening dx will do, can I just ask what WHY is or have I just read it wrong?
    • So Xbox support came back to me with the expected decline of my request for the refund.  They cited the fact that the purchase occurred more than 14 days ago which goes against their refund policy.  So I've now had three refusals to refund for two different reasons.   I think I now need to show them we are serious and send them something more formal.  Would this be a letter of claim or is there anther step before that?   I've also been trying to figure out where to send any further correspondence as at present its all been done their online messaging platform, which doesn't feel formal enough...    
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help, unenforceable credit rbs


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can i please have some advice with regards to a very old rbs loan i have?

 

i took out the loan probably about ten years ago now with an ex girlfriend, basically as its in both names we both jointly and soley responsible. i think she must have been paying it for several years after we split as i didnt hear anything about it. then probably 3 years ago i got a letter to my parents house saying i owed £x ammount and needed to be paid, missed payments etc. i rung them immediately, some what peed off and after not being able to find the ex and them explaining about me being liable i agreed to pay it off but obviously at a reduced rate. i have a new family and child now so pay what i can £200 pcm. i think the current balance is approx £7500 so at this rate it is going to take me 3 years to clear the balance. i assume this will then stay on my file for a further 6 years?

 

i have not missed a repayment on the arrangement since it began (2-3 years ago)and have even increased the repayments when possible. they still list the loan as a (6) on my credit file and that i have 12 missed rapayments in the last year. this is the only bad thing on my credit file but it is severley affecting my credit score and despite the fact i never miss payents and have not done for several years my credit score gets worse every month.

 

i am more than able to afford a mortgage on a house me and my new girlfriend have found but no one will lend me money because of the affect this is having on my credit.

 

i would appreciate any help with regards to the unenforecable loan agreements, anything i can do to make them just list the loan as being up to date or someone that would lend me the money which i have no problems with paying. i have been renting a flat for the last 2 years at £630pcm and have never missed a payment on that but till cant convince anyone tolend to me. even if i could just get the loan listed as up to date im sure this would allow me to get on with my life and get a mortgage!!

 

advice please

 

thanks

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im new to this, and dont know too much about this but i have succesfully reclaimed bank charges in the past.

 

i have had a browse around several threads with regards to having loans deemed unenforceable etc. some seem to get lots of threatening letters with regards to pay up blah blah and end up with defaults on their credit history. this is something i definately dont want. the letters wont bother me a bit but the default will. my aim is to make my credit score better to enable me to get a mortgage i know we can afford and to stop renting.

 

what will sending a sar and cca get me? do they have templates somewhere?

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