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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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Successful Claims

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Hi,

 

Not posted before but thought i'd let you know.

I had a claim for £850. A&L didnt even offer to settle, dragged me all the way to court. I went in on the morning after the OFT case was announced. I was sure there was gonna be a problem. Barclays had some a solicitor there asking for a stay on all their cases that day. Thankfully noone from A&L.

I went in and the judge said he was ruling in my favour even before i had sat down! Full amount even though I had made some errors in my calculations. Then he said i woul get my £80 court fees too, and even asked if i had any expenses due to the court date, and awarded me £50 for days work, which is the maximum he is allowed.

So £980 all together, I think he is a bit bored of the whole thing!!

A&L have not yet paid up but its only been a week. Maybe thats another battle??

 

Keep it up guys!!

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The Oxford CC have thrown out the A & L defence and awarded me the judgement!! A & L failed to submit their skeleton defence in time.

 

Wragge & Co have today tried to settle for a lower amount after being given 3 opportunities to do so earlier! Why would I want to settle now when I have won!

 

I will now resubmit a full claim including all the updated interest charges, court fees etc (£3300) :) and also try to get some money back for the time I have spent dealing with this. I understand that the judge may award this to me but they don't have to.

 

Has anyone else managed to get anything back for personal time?

 

Thanks for all the advice

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I finally won after threatening court etc. After July it became nearly impossible, until I sent A&L copies of my debt management plan, income & expenditure, etc and asked them to reconsider my claim on an individual basis. They repaid me immediately - £557!!


Banofi :|

Lloyds *WON* £1469.82 :-D

NatWest *WON* £1177.00. :-D

Morgan Stanley *WON* £112 :)

Barclaycard *WON* £144 :)

Nationwide LBA 22nd Sept 2006. Court claim filed for £5792.29 31st July 2007.

Lloyds Credit Card flatly refused to pay me on 11/12/2006.

Egg Credit Card. Small offer made (£24.00). 17/2/2007, refusal letter sent 18/2/2007.

Useful links:

www.versiontracker.com/dyn/moreinfo/macosx/23608

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thanks for the info banofi, I think I'll try sending something like that before going to court . motley fool website recommended I do this despite current bank charges situation with the oft etc, congratulations anyway on your win!!

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£590 received - without signing anything! So my claim is still open.

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I take it that's not the total you claimed.


 
 

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I claimed a and La few months ago under the hardship rules. Initially rejected but I phoned and appealed. Subsequently they repaid all my charges direct to my account. Unfortunately I still managed to accrue more charges. Last week I asked if my account could be transerred to their Choice Account. No problems and on riday I unexecpectedly got all my latest chares repaid into my account. Result!!!!!

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HI I won my claim - I was refunded all £522. I attach the letter I sent them below which might be helpful for people in a similar situation. Good luck!

 

Dear Sir/ Madam

I write in reference to the account above and the unfair charges that have been applied, currently at £422.57 (and due to have another £100 fee applied on 29th April) –

  • This account was opened in parallel with a savings account that matured after 12 months
  • After the savings account matured and closed, the current account remained open.
  • I have not used this account for a significant amount of time and hence the balance was zero before the charges were applied
  • Letters informing me of these under funding charges and unauthorized overdraft charges (caused by the under funding charges) were sent to my parent’s address of XXXX where I no longer live and consequently I only received them when I went to visit on the 3rd April. After opening the letters I visited the Alliance and Leicester XXX branch on the same day and spoke to a sales advisor who passed on the complaint to your Complaints Team for further investigation and changed my contact address to the one at the top of this letter.
  • I have since been refunded £25

I am thoroughly unsatisfied with the outcome. I feel that I have been taken advantage of given that it was obvious from the activity on my account that I had not used the account in months and therefore was not aware of the funding requirement.

To settle this, I am willing to pay a fee of £100, which I believe is entirely reasonable.

If my offer is not accepted and I do not hear back from you in writing at the following address (XXX), within 2 weeks, I will be refering the matter to the Financial Ombudsman Service.

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