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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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Can they close my credit card?


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Dear all,


Thanks for a great website - it has been invaluable in helping me wade through this problem!


The Halifax owe me just over a grand and I've sent the LBA today. I've already moved into a parachute account although I've left my Halifax open (but with nothing in).


My probnlem is that I haev a credit card with them and if they were to close my account could they close my card as well and demand repayment?


Would be very grateful for any advice.

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That's my concern too. They must owe me a fair penny on my current account, but would be concerned about them taking action using my credit card debt as levy.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress



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Yep, this is also my concern.


I have a loan agreement with the same bank as my current account. I am claiming charges for the current account, but since I have had the loan I have paid on time every time.


I am worried that they will want to close this loan account too and ask for the money back. I have looked through lots of forum's but still can't find anything on this, I have read somewhere that the bank can claim that communication with the customer has broken down, if they are able to claim this then I don't see how I could stop them closing the loan account.

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I claimed charges back from my HSBC bank account, and have had no problems with them regarding the loan I have


As long as you are keeping up your loan repayments I do not see any way they would break the agreement and try to claim it all back, would look incredibly in a court if they did anything like this


The only way I see banks getting difficult with loans/mortgages etc, is if you start missing payments

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They shouldn't close your credit card as its a separate agreement!

However should you fall behind with payments or go over your limit they may close it at their discretion!



Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p



I have been smoke-free for 4yrs

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Thank you everyone for your feedback.....much appreciated.


I sent my LBA over a week ago by recorded delivery - however my firends at the post office can't find a record of it being delivered:-x and I've heard nothing from the Halifax.


How do you think I should proceed - can I assume that they've got it and file my money claim when the 2 weeks is up?


Thanks once again for your advice.

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Hi rjol


Send the letter again registered post.It may have been lost.Remember you have to show that you have tried to communicate with the bank.Straight Moneyclaim is'nt fair i feel,especially if you want something from the bank in the future.




Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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They shouldn't close your credit card as its a separate agreement!

However should you fall behind with payments or go over your limit they may close it at their discretion!


NAt west cancelled mine week after mcol went in - no reason just said it was a general view of their poisition - bal was 5750 limit 6450 - total charges over 5 year period £112 - hardly a mismanged account - call centre told me it was a fair assumption that this was because of my claim.

Consumer Health Forums - where you can discuss any health or relationship matters.

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I claimed against my NatWest credit card, I still have my law college loan with them and a current account, not a word on anything being closed, maintained a very good relationship with the bank, never had a problem with the current acc r.e. missed DD's or over limit and always paid my loan repayments on time, just the one prob with the CC, grduate manager has never even mentioned the fact that i claimed against them. I would welcome some of the credit cards being cancelled as i dont use half of them, just aslong as tey dont ask me to pay back the balance on them LOL :-P

NatWest Credit Card - All charges refunded (£350.41) after first request sent :D

HSBC - 1st Approach Letter sent (£62.41) 12/09/2006. LBA sent recorded delivery 26/09/2006.

6/10/2006 - We believe that if this went to court etc we would win letter, but we are refunding you the charges made, we accept no liability - LOL I think by refundng me you accept that you are wrong!! I win :D

Capital One - 1st Approach Letter sent (£40) 20/09/2006. 29/09/2006 Full refund offered, letter dated 25/09/2006.

Barclaycard - £235 charges - Pending Action. WON!!

Halifax - Prepairing letters for £125 in charges on closed account. WON!!

Natwest Creditcard again

£12 late payment charge 13/11/2006 - LBA sent 17/11/2006. WON!!

Fight the power, you owe the banks nothing and they owe you everything!!

Now it's 3-0 to me :D

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