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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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    • We have finally managed to obtain the transcript of this case.

      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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Kensington... Continued


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Sent Kensington a letter telling them they had robbed me and I want back over £3000 and I want it in a cheque made out to so n so and I want it immediately...In almost those words I sent them a letter it was a bad day & I am sick of being robbed by these people. Lol funny enough I got a reply telling me that my complaint was being dealt with, 1 week later I get a response. They say their charges are lawful, as I signed a loan agreement I am bound by all their t&cs. Theyhave then continued with a breakdown of costs for returned DD etc. Then at the end of the letter they offer me a full & final settlement of £323 which theygot from

3X 100% monthly arrears management fees

6X 50% of monthly arrears management fees

1X direct debit cancellation fee

1X credit control fee

 

I am not accepting it. Even though I think it's funny as hell. Especially as the figure I demanded back was the figure they took me to court for to try to get repossession of my property on ( they didn't ).

 

Just wondering what my next step is.

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  • 1 month later...

Sent them another letter after finding out about their little bit of bad luck saying I won't accept their poxy offer and to have another look at the figures and get back to me. They did and said it was that offer or nothing as that's all I'm entitled too. So now at a point of do I send another letter accepting or try & fight this...??? I don't know :(

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Good morning,

 

I would send Kensington a Subject Access Request (if you have not already done so).

 

This will do 2 things:

 

1. Show them that you are looking into the case further,

2. Show them that you might know your rights (I am sure you do - but at present they don't know that) and that you intend to pursue matters further.

 

You could always add a line to your letter which says : "Your attention is drawn to the following: In order to safeguard the position of both parties : All correspondence in this case both incoming and outgoing is being copied to the FSA."

 

I know it is a bit like rubbing salt in the wound, but it should make them take notice that you are not going to take any 'shenanigans' from them!

 

Kind regards

 

Dougal

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