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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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PPI advice 77 year old couple RBS loan


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Laura,

 

In normal circumstances both husband and wife would have to sign the SAR on a joint account.

 

But when her husband died, the lady should have taken a copy of the death certificate to the bank to have his name removed from the account. Do you know if this was done?

 

If it has been, the account is now hers and therefore she alone has to sign.

 

RBS registered address is 36 St Andrew Square Edinburgh EH2 2YB and mark it for the attention of the data controller.

 

DJ

 

If the papers have not been taken to the bank, then that needs to be done asap and certainly before sending the SAR.

 

 

The old lady had his name removed from the bank account at RBS can I assume RBS would have done this to the loan as well?

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just so you know the FSA has prescribed compensation in these cases and i know for a fact the loan company will try and get away without paying out correctly so do not accept any offer that doesnt clear the finance!!!!!!!! i cannot emphasise that enough.

 

the fsa states

repay the premium

repay historic interest

repay 8% on payments claims and most importantly here

"to pay for any claims for which the customer would reasonably have expected to be paid under the policy"

so unless on the phone call they specifically used the line" you wll not be eligble for life cover because you are too old" then screw them to the wall

 

Thanks for this CAB reckon if she is eligable for the Debt Relief no point to this as the debt will be wrote off I don`t agree with that sentiment?

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This debt relief seems harsh with what it allows it seems different to a debt programme and what your allowed I mean nothing for hobbies or leisure? only £15 a month for christmas, birthdays etc only £33 a month for phone this seems very low and what about holidays even criminals in prison getting spending money!!!!

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Laura,

 

In my personal opinion, stay well clear of any debt relief programs.

 

Your friend in my humble opinion has a good case to claim mis-sold plus interest on the PPI. That is the best way forward and although may take some time, from personal experience I can tell you it will be worth all the effort in the end.

 

So I suggest you move forward with sending the SAR asap. The sooner you get the information needed, the sooner we can help work out what your friend can claim back.

 

Also this is her money, which these moralless leeches have been taking from her and her husband for years.

 

I urge you, continue with the SAR so you can get in a claim for mis-selling.

 

DJ

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DJ

 

You not confusing Debt Relief with Debt management are you the Debt Relief writes off the debt off if you have debts under £15,000 if you have less than £50 a month left over out of your income.

 

Citizens advice deal with it and get it wrote off think it costs £90

 

The SARS is going off tomorrow when I will be seeing the elderly lady so she can sign it

 

Appreciate your help in all this

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  • 3 weeks later...
Laura,

 

Yes RBS certainly should have removed the husbands name from the loan and any other accounts they held.

 

So just ask the lady to sign the SAR and get it sent off asap.

 

Good luck

 

DJ

 

 

SARS back all they have included is bank account statements the ltter we sent about the PPI and a loan papers for the 2006 loan but none for the 2005 and 2007 they included the PPI certificate for the 2007 loan

 

The lady has no copy at home of the 2007 supposedly loan yet seems to have kept everything so she is puzzled as to why she would not have the 2007 copy

 

No comms log either so whats my next step

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Laura,

 

It is quite possible they do intend sending further documents in a separate package. This often happens and I think from memory I received 4 different packages from Barclays when I sent a SAR.

 

You can either choose to hold tight until the 40 calendar days are up, or personally I would send them the first letter before action of which there should be a copy on the SAR sticky I referred you to.

 

Good luck

 

DJ

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  • 2 weeks later...

Still no more papers yet off Bank of Scotland wrote and complained about all the harassing phone calls though and letters despite both myself and CAB writing to them to tell them to hold back whilst sorting the old ladys affairs then had a Blair Oliver Scott letter come one addressed to the old lady and one to her hubbie who died November 2010 and they know he as!!!! the loan is only in old lady`s name now what a despicable bunch this is letter sent to her http://i988.photobucket.com/albums/af10/Lac-1822/Photo0056.jpg?t=1298497171

Edited by Laura Cooke
wrong info
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Her outgoings outweigh the incomings since her husband died her income as dropped dramatically pursued a Debt Relief Order through CAB but they say the amount she spends on shopping is higher than the amount allowed for the DRO and same with telephone I don`t regard £260 a month high for food when she has a Labrador to feed and is partially blind & diabetic and £82 for the phone it`s her only point of contact to her children who do not live in the area and some are on mobile phones not house phones same with travel she as to go by taxi as she as to be picked up and took home this averages £173 a month Nation Debt Line agree that her outgoings for expenses is acceptable but CAB say they are too high for a DRO it would be declined so looks like I will have to let the National Debt Line deal with this

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If she lives in an area with good signal strength then maybe a mobile phone si the way to go as it woudl be cheaper than £82 per month or do you mean a quarter. Perhaps she shoujdl have an Anytime package attached bringing the phone bill down to about £17 per month. I think about £60 per week is about right for food due to increase of foodstuffs recently.

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Laura,

 

Do the bank statements show payments going out of her account for the loans in 2005 & 2007?

 

If so that may well give us some more ammo to throw at them.

 

As they now have provided the loan details for the 2006 loan you could start putting some calculations together for that one and perhaps submit a claim for all loans but with only figures for the 2006 loan, stating you are unable to provide figures as they have not provided the information in your SAR.

 

Personally I would also contact the information comissioners office and lodge a complaint against BOS for non compliance with the data protection act. This may take some time to get sorted and the ICO don't actually have any legal powers, but just might be the kick in the xxxxxx BOS need to hand over the information we need.

 

Invite other caggers to give their opinion, but I would do the calculations for the 2006 loan and submit a claim for all.

 

DJ

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  • 3 weeks later...
Laura,

 

It is quite possible they do intend sending further documents in a separate package. This often happens and I think from memory I received 4 different packages from Barclays when I sent a SAR.

 

You can either choose to hold tight until the 40 calendar days are up, or personally I would send them the first letter before action of which there should be a copy on the SAR sticky I referred you to.

 

Good luck

 

DJ

 

 

Their 40 days was up on the 6th March. The old lady is receiving letters nearly every other day from Blair Oliver Scott, despite BOS knowing full way the husband died last November and loan only being in the old ladys now as all this was changed at the bank which was also Royal Bank of Scotland. She is receiving a letter each to her and her dead husband which is most distressing I have complained to them about this and still the letters keep coming. Need to send the letter before action if I can find it.

 

Surely no attempt should be made to request payments on this account when only a partial SARS as been sent?

 

I have put a Letter Before Action together I assume this does got to Royal Bank of Scotland and not Shop Direct Finance (Catalogue) whom she applied for the loans with

Edited by Laura Cooke
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In the letter which came with the partial SARS it said they had been unable to locate any loan in the old ladys name yet they partially included a copy of PPI for 2005 loan taken out. And also the front of a loan agreement for 2006. So if they have no knowledge of a loan how come Blair Oliver Scott are sending letters non stop stating "Our Client Royal Bank of Scotland" want the loan money!!!

 

 

The old lady and her husband had 3 loans in the past of which one is meant to be from 2007 and still running they have sent bank account details as she was also banking with RBS I have changed her bank for her.

 

They say in their response I sent about being miss sold PPI that any information I have provided is not in relation to any loan with them yet they provided a partial copy of 2005 PPI in the SARS!!!!!

 

The loans were taken through Shop Finance Company Ltd which is her catalogue but RBS provided the loan, all letters sent about this loan I have addressed both to RBS and Shop Direct Finance at Chester CH883AN it`s all very confusing. Shop Finance Direct have never responded to any letters sent.

 

The old lady is also getting calls and letters from Blair Oliver Scott despite CAB writing to them and myself asking them to stop ringing and stop sending letters to the old ladys dead husband, a payment book I have found has Bank Of Scotland on it and also says Capital Bank

 

The old lady kept all paper work down to a fine art and I have asked her why she hasn`t got an agreement after 2006 loan she is adamant she had no other loan after the 2nd one (2005, 2006) yet she is being pursued for a current loan which she as no agreement for and by the looks of it no one else as the agreement for this either. I asked Shop Direct Finance for a copy of this current loan not had any response from them about anything

Edited by Laura Cooke
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The image in post No 5, item 2 states PPI.:-)

 

Don't know how relevent it is but the agreement in post No 3, where it states I wish to purchase HSPF Ltd Mastercare, the tick box and signature box are empty. I would read that as the insurance was NOT wanted.

 

As I say I'm still learning so just pointing out my observations! :-)

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Laura,

 

Do the bank statements show payments going out of her account for the loans in 2005 & 2007?

 

If so that may well give us some more ammo to throw at them.

 

As they now have provided the loan details for the 2006 loan you could start putting some calculations together for that one and perhaps submit a claim for all loans but with only figures for the 2006 loan, stating you are unable to provide figures as they have not provided the information in your SAR.

 

Personally I would also contact the information comissioners office and lodge a complaint against BOS for non compliance with the data protection act. This may take some time to get sorted and the ICO don't actually have any legal powers, but just might be the kick in the xxxxxx BOS need to hand over the information we need.

 

Invite other caggers to give their opinion, but I would do the calculations for the 2006 loan and submit a claim for all.

 

DJ

 

She got paid at the post office and paid her loan by payment slip already sent calculations in for 2006 you sent me figures reply was that they wanted to know which loan this referred to as they said I had given a current account number I wrote back to BOS and RBS and gave them all account numbers I have and asked them to sort it for all the accounts they have added PPI to. The old lady as not details of a 2007 loan and is adamant she never had another after the 2006 yet their is an account number for a 2007 account, the old lady as no details for this loan it`s laughable as the partial sars that as come states they can`t find any evidence of the old lady having a loan with them they then enclose a 2006 agreement with the sars but no 2005 agreement or 2007 she has had loans and does have a loan with them as BOS chasing her for the debt and it clearly says debt to RBS going to report them to FOS they misleading her

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The documents posted on first page don't have ppi on them, are these what the complaint is about? please clarify

 

Documents posted say on them (Insurance on loan) that is PPI either way it was miss sold they were over 73 when they took the loan any use on the loan was for people 70 and under

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It`s all very confusing and deliberately so by RBS it has Capital Bank on recent letters from Iqor, then Blair Oliver & Scott are also bombarding with same letters for same amount and Home Shopping Personal Finance who she started the loan off with as they are her catalogue now can anyone tell me this is ok it`s down right crazy that`s why I don`t know who to write to etc so I send similar letter to them all

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Documents posted say on them (Insurance on loan) that is PPI either way it was miss sold they were over 73 when they took the loan any use on the loan was for people 70 and under

 

it only says the life cover ceases at 70, the policy is meant for old people as its instead of ASU. I dont think it was mis-sold

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