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    • Hi Guys,   My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.   Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake. At the same time her work colleague did the same.   Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.   Both received claims forms and didn't fill them in. Neither of them have received notification of judgement however. I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file. If this is the case, what is the way forward? Set a-side ?
    • EXHIBIT K   24th March 2019   Lowell Portfolio I Ltd 9 Savannah Way Leeds LS10 1AB   Dear Sirs   Your Ref: 196951198     MFS Portfolio Limited v Phelan West (2019) I write to draw your attention to recent successful appeal case regarding a personal current account with overdraft facility; the decision was made before HHJ Walden-Smith sitting at Cambridge County Court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act.    In view of foregoing, I note that your company have failed to comply with S78 CCA 1974 therefore your claim is unenforceable. So it is in your own interest (and to save cost) that I demand yourselves to discontinue this matter with immediate effect, otherwise I would be seeking compensation awarded against your company through the court for my time and legal cost to myself for consulting solicitors for advise in defending this claim which I consider not valid since you couldn’t also substantiate it when ask to prove it.   Yours sincerely
    • Hi Micky,   The letter you sent was your Prelim Letter and you should send an LBA before issuing proceedings.   1. Who replied to your letter that was taken in to the Chingford store - eg was it the store manager.   I suggest you send your LBA to the store Head Office enclosing a copy of the original letter and give them a final 14 days to reply and refund.
    • I will just keep quiet. Hopefully it is something she has seen on a credit file. No ones pursued me yet so I will keep fingers crossed.   I feel after 12 years of being divorced these things should have been settled by banks and companies by now.   Like I said it has been so long I have no recollection of it.
    • Hey - thanks for the reply.   So yes they have entered the 6k claim, and I have chosen to defend it.  I think I have a solid case to argue it.   So if I argue successfully and say the judge does side me with the 2k option and I pay it within 28 days it will clear?   Alternatively.  If I fight it and lose, the full 6k will obviously be due....  Again, if I pay that will it be removed within 28 days?
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taylorit

WDA legally assigned to MMF

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WDA were hounding me but ignoring all my communication with them and being VERY unreasonable saying could only come to agreement at a cost of £30 then were threatening etc still have copies of all emails.

 

MMF are now the legal owners (supposedly), but they have harassed somewhat!

 

09/03/2012 - Harassment and Withdrew visit rights by email

15/03/2012 - They responded saying they acknowledge but will ignore it.

19/03/2012 - I emailed them asking them if they know the law and now what harassment and threatening behaviour constitutes (no response)

31/03/2012 - CCA Request sent recorded delivery

03/04/2012 - CCA Signed for

 

To date still being continually harassed by telephone, email, text and letters.

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Let me ask you a couple of questions.

 

Did you write multiple times to get a repayment plan? What was their response each time?

Did they inform you in good time that the debt was being sold on?

Did the buyer inform you that it was being bought?

What correspondence have you recieved?

Is it possible for you to scan or reprint their replies here? (Without any personal info of course)

 

Depending on the answers to your question, we can advise further, as there are some little things you can use to help you out.

 

I have a good template you can use to respond to them, but we really need more info in order to adjust it for you to be relevant.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Can you advise me, i have offered these clowns £20 a month which they refused, they have never done a expenditure form so how do they know what i can afford to re pay, anyway i have set up a standing order to pay £20 wether they like it or not, will they accept the payment or return it as its not enough

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Theyll accept it, but it's doubtful if they'll apply it to your account. Just make sure you have full receipts of each transaction should they try and chase you for more.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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thank you for your speedy response, could i just go back to quick quid and set up a agreement with them, and if they dont apply the money to my a/c where will it go

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You can try, sure. Just make sure you get everything in writing. Never call them by phone unless you have a good and reliable way of recording the call in full. IOf they dont apply it to your account, but its definitley in their account and you can prove it, then they cant chase you for it. If they take you to court, you can easily show a court the receipts/bank statement to prove them wrong.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi

WDA were a nightmare, I have some communication will review it now!

 

CCA has expired also with MMF no reponse but continualy harrassing me.

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How do you mean harassing? Is it by phone/text? If so, simply send them the telephone harassment letter and contact OFCOM. If its by email, simply add them to your block list.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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by phone, text, email to my landline and mobile, they also have obtained my work number too which I have not given them and its to an emergency call centre!

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You need to report it to the OFT/OFCOM and the police. Especially if its an emergency call centre. Send the the letters by recorded delivery and also email them.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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