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    • If it was SB when they issued the claim and you can prove it, it doesn't matter what they do they are caught out, when did you last pay anything?
    • Eric Hi,they have already agreed and the tariff remains the same as if I had agreed to a smart meter   FS
    • so the only paperwork you have to date is one letter from lowells saying you have a CCJ? or you've now found the claimform in the 7week of mail you got home too?   are you saying that from the date of the court claim in the 6yrs prior to it you never paid Lloyds or anyone a penny on this debt?          
    • Email sent. So do I follow it up with a hard copy via the post?   michael.roemer@barclays.com   This email may no longer be valid as it keeps bouncing back.
    • Name of the Claimant ? Lowell Portfolio Date of issue  23 Jan 2020       Particulars of Claim   What is the claim for – the reason they have issued the claim?  1) the defendant entered into an agreement with capital one credit card which was regulated by the consumer credit act 1974 under reference  546**********358 on 25/09/2015 2) In breach of the agreement, the defendant failed to maintain the required payments and the agreement was terminated. 3) The agreement was later assigned to the claimant on 21/02/2019 and written notice given to the defendant. 4)despite repeated requests for payment the sum of £2300 remains due and outstanding.And the claimant claims a)The said sum of £2300 b)intrest pursuant to s69 count courts act1984 at the rate of 8% per anum from the date of assignmentto the date of issue , accruing at a daily date of £0.51, but limited to one year,being £173 c) costs   What is the total value of the claim? £2700 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC  no Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? We moved to this address July 2018   Did you inform the claimant of your change of address? no   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? C Card   When did you enter into the original agreement before or after April 2007 ? after   Do you recall how you entered into the agreement...On line /In branch/By post ? internet   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? 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. purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment?   Did you receive a Default Notice from the original creditor? no Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? no   Why did you cease payments? illness   What was the date of your last payment? 2015   Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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coolchris

Need a bit of advice on going forwards...

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Hi. I want to clarify a matter. A halifax bank account that went into arrears and overdraft due to outrageous, never ending charges was passed to an "inhouse" debt collector and they claim that my dispute is not so as it the debt is an overdraft and is not covered by section 77-79 of the consumer credit act 1974, which refers to credit agreements. Overdrafts are covered in section 74. That section, she says, does not apply to an overdraft of a current account anyway (?), as it is exempt from the requirements of part V of the act that there will be no documented agreement.

 

So what angle of attack do I now take with this. The bank complaints section have passed from the Inhouse collection - Blair Oliver and Scott to outside agency - Fairfax solicitors, although I have heard nothing from them whatsoever and the bank complaints say I must contact them within 6 MONTHS!!! FROM 12 JULY 2011. .....thats wierd I thought. So anyway, should I just wait until the outside people contact me or are they correct and I cannot fight my dispute as they claim there is none?

 

Any advice on this matter please would be greatfully received.

Edited by maroondevo52
Removed unsuitable word.

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Hi,

 

Disputing the Bank Charges on Current Accounts is almost impossible after the court case, have you tried coming to some sort of arrangement to pay the arrears, have you asked them to remove some or all of the charges.


 
 

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