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    • Hi Tawnyowl here,i have been watching events over the last week or so as things develop. Labrat,such a sense of humour.😀 Hi honeybee13 . Sure does     Anti-fracking campaigners have reacted with concern to news that the British Geological Survey (BGS) signed a non-disclosure agreement with Cuadrilla over access to operational data. https://drillordrop.com/2019/08/24/suspicion-over-fracking-firms-secret-deal-with-geological-agency/   Cuadrilla has been accused of trying to downplay last night’s 1.6ML earth tremor caused by its fracking operation near Blackpool. The tremor, at 8.46pm, was the largest so far recorded at the Preston New Road site since fracking began there in October 2018. https://drillordrop.com/2019/08/22/living-in-fear-residents-respond-to-1-6ml-fracking-tremor/ Energy firm Cuadrilla said a 2.23-magnitude tremor was recorded at its facility near Blackpool at 11.01pm on Saturday – the third “micro seismic event” this week. While some local residents may have felt the movement, it was not strong enough to have caused any damage to property, the firm added.  Do you believe anything this company says. Like their so called micro seismic events you would think damage could have been caused to properties. Once buildings start shaking this must happen surely. I was approached this afternoon while at a cricket match. Just chatting way about this and that when the person said Did you feel the Earthquake last night. I had not even heard about it,tell me more i said. Lights and windows shaking moving around about a mile away on one of the North of Englands largest housing estates. And there are reports of many more people feeling this event covered on this link. Why should a community be put through this,waiting for the next one. People living around Cuadrilla’s shale gas site reported shaking buildings and windows last night from a 2.1ML tremor. This is the strongest seismic event so far induced by fracking at the Preston New Road site near Blackpool. It brings to more than 90 the number of tremors since fracking resumed at the site less than a fortnight ago. Within minutes of the tremor, there were reports that people had felt it from surroundings towns and villages including Blackpool, Weeton, Westby, Peel, Kirkham, Wrea Green, Great Plumpton and Lytham St Annes. Much more on the link. https://drillordrop.com/2019/08/25/call-for-fracking-ban-after-2-1ml-tremor-shakes-buildings-around-cuadrilla-shale-gas-site/   You might notice that the BGS has a page now for human activity causing Eartquakes-link Last updated: Sun, 25 Aug 2019 18:10:00 (UTC) This list contains seismic events for which there is strong evidence that they have been induced by human activities. It is linked to a database of seismic events and locations and magnitudes may change as events are re-analysed and revised. Background, tectonic seismic activity is reported on our recent earthquakes list. http://earthquakes.bgs.ac.uk/induced/recent_uk_events.html   I had better leave it there for now, more soon.,how will it all end because surely it will. Things cannot carry on much longer like this,can they? Bye for now. Tawnyowl writing from the Earthquake centre of Great Britain courtesy of Cuadrilla Fracking.
    • happy for mod to move it to suitable location under thread title Background: Thanks in advance for any thoughts you can share. This is a very long history, I appreciate your time. In 2011 I took out a £8500. loan from Borro private finance against art and jewellery to make ends meet. The agreements are attached below. This is a CCA. Borro regulated by the FCA. The interest rate is APR 68.8  % for 6 months.  I paid the interest and capital during the period term. On 3 May 2012  I renewed this loan at 79.4% interest for another 6 months.  Last week I requested all evidence the lender holds concerning the agreements. Missing are 03/05/2012 through 14/06 2013.( not under a SAR).  I fell into arrears on the loan and one piece of jewellery was sold, reducing the balance to £6400. Dec 2014.   The lender took a payment of interest £2044.16.  Renewed against the other items ( art etc) on this loan.  The new interest rate increased to 88.8%  . At the time the ring was sold, I requested all documents concerning the sale. Borro produced none. The ring is appraised at $17,5000.  £14,000.  The ring was sold for £3500.  I have an appraisal. I was notified prior to the sale. The ring was sold by "private treaty". I continued to ask for information about this sale until todays date. No information has been provided.  I took a huge loss . The ring is not clearly described on the inventory compared to the appraisal. Documents missing from Borro response to my request include 25/10/2014 to 10/04/2015. I was in arrears on this loan and a new agreement was made. The loan amount was increased to £10,810.00 and the interest rate decreased to  80%.  what is interesting is that the lender should have sold this ring, the value was sufficient to pay off my debts. But that is not what happened. someone got a deal on a nice ring.  II. ON 1, Jan 2012, I took out a second loan in the amount of £3000 against another piece of Jewellery. The interest was 68.8%. I paid the P&I on this loan.    Missing from the requested information is agreement from July 10/2012 until 12/12/2012.  I did pay interest during that period and on 12/12/2012 through 11/06/2013 I renewed  with an interest rate for 79.4 %.  I renewed on 04/07/2013 through 03/06/2014 interest rate 97.8%.  I renewed this loan on 03/01/2014 interest rate was 88.8. Take note there is very little description about this item. I redeemed the loan but ended up back in the pawn. 19/06/2014 to 18/12/2014 interest eat 94.5%. I renewed this loan again 19/03/2015 . Interest rate was 93.2%. Now there is a clearer description of the ring. Documents missing from Borro response to my request include 012/06/2013 to /10/2014 to 10/04/2015. Information on the  description is also scant until I took the loan out again in 2014. The last payment on either loan was March 2015. Default date was September 2015. The lender still has my property.   PROBLEM: In 2013, Borro became aware that the reason I had pawned these items was that I was a plaintiff in a substantial lawsuit in the US. I borrowed because I had lost my job. I was not able to work( I had been FCA regulated). I was facing eviction, had serious financial stability  and some mental health problems. I gave them a copy of the pleadings. They are aware that I had claimed these loans as part of my damages.  In 2015, Periodically I requested the accounting. Some was provided some was not. As a result, in  2016, the head of credit wrote to me " "Thank you for coming in to see me today. As discussed, we will freeze your accounts with us from today the 14th October 2016 until the 31st of December 2016. This will mean that no further interest will accrue until the 31st December 2016 and we will not consign to sale until on or after the 31st December 2016."  I did not hear from them again until  08 February 2017. On 30/03/2017 I responded to Borro request that I give them an update on the accounts. I wrote that I needed a settlement figure.  No response the following week I personally met with the manager I had been dealing with. She told me that " we are not going to sell your property". We understand that you have fallen on hard times, we are human. How long will it take you to sort this out. I responded about 2 months."   I did not hear from Borro again until I wrote to them on 18/03/2019 where I stated, " the last time we met you were going to give me a settlement figure". There was no response. As a result, on  18 March 2019 I sent  an email to - Subject: RE: Borro Accounts. Dear Lender. Hello. The last time we met, you were going to give me a settlement figure. Litigation is still ongoing. We have a potential investor that has asked me to get a figure from you. Depending on that number, I can let you know if I can pay the bill and collect my things in the next few weeks. Please get in touch as soon as possible". no response.   In early July 2019 I received a call from someone at Borro. It was not a good time. I asked him to call me back the following week. I did not hear from him again either. On  6 august 2019 I received an email from Borro that I should log into my account. I was unable to. The following week I wrote to them and in summary: On 13/08/2019 I wrote and included a summary of the events: I am writing to advise you that I am obtaining advice concerning the  account. You are aware that you have not pursued any further action on this account since approximately 2014(or earlier) . This is because I had an agreement with Name Deleted that Borro was not “going to sell my property,  I recited the above summary of events.   Certainly, I had no intention to give up valuable property for almost 8 years and pay interest and principal for this long. I want to develop a resolution to the matter between us. In order to achieve this, Please can you provide me with the following information which is attached in a spreadsheet: I need a very simple accounting and please answer the below: Any renewed loans where additional credit was extended through the re-appraisal of the assets ( ie using the asset as leverage) to extend further credit where the loan proceeds were applied to the loan for reinstatement purposes. What were the source of funds for the last payment made? Because I am seeking advice with a view towards finding a resolution, I would appreciate it if you could hold action on the above account for a period of at least 30 days to give me the time  I need to obtain advice. If you are adding interest or other charges to the account, I would be grateful if you would freeze these during this period so that my debt does not continue to increase. Please can you send me the enclosed spreadsheet and the documents you loaded into my account as soon as possible. This will enable me to obtain accurate advice. I will contact you again as soon as possible with further details of a  proposal to resolve the account. ( so far this lender has not complied with my request)   SETTLEMENT OFFER From: Borro Customer Service <Contact@borro.com> Sent: 14 August 2019 13:22 To: Subject: RE: Your Loan Account   Dear borrower. Thank you for your email and for getting in touch with Borro. As you would be aware there have been many loans with Borro, with two loans that remain outstanding which we are seeking to resolve with you. Given the significant period these have been overdue, the current balance on these two loans is almost £52,000 of which the majority is interest. In order for you to move on from this debt it is proposed to sell the collateral associated with Loan DIAMOND RING 175643 in full and final settlement and return all the items under Loan 198678 to you. This would generate a loss for Borro of approximately £49,000, however given your circumstance this is something we are prepared to offer. While I would love to pay Borro £3000. I do not currently have the funds. Borro is aware because I wrote to them on august 13 advising them i am not working. I do not want to lose my property. I need to find a way for them to walk away, give me my property back. WHAT ARE MY OPTIONS? Below are the questions I have or could raise in order to "negotiate with them". Is this a high interest short term loan? What are the effects of an CCA that has an interest rate of 93.6% and is renewed every six months? It appears that one loan was "Refinanced".  What FCA terms did they violate which might apply to this situation ? After the agreement expired and terms were changed, what rights does the PB have to collect further payments or sell the ring? Did they waive their rights to further payments? How can I use refusal to produce sale information concerning the first ring, to negotiate my way out of this? What is interesting is, they sold a £14,000 ring privately, concealed the buyer and other information, then turned around and INCREASED THE INDEBTEDNESS substantially. In fact they want to do this again, but this time are offering to  write off £49,000  in other interest. What am I missing? What effect does violations of FCA 6 and 7. help me to negotiate a settlement. Is the FOS effective threat to the firm to pressure a settlement? Does a cost cap apply to these loans and if yes what is the amount of the cap? How can I use the current appraisal and FCA or any other rules to stop them from selling the ring for less than market value? I have someone looking at the accounting to see if there are errors. found several when query. anything you can find that voids the agreements? Anything else you can think of THANK YOU!!!   RING.pdf art.pdf
    • I am so sorry I see the confusion now, I was meant to say CAB not CAG. They are just sending him letters to copy and send which doesn't seem helpful at all.    I also apologise for the vague details right now. I actually thought he had got rid of the car already until he mentioned it as he dropped me off home, so I've only got a vague idea myself, i just wanted to see if there was anything he could do other than send letters. I will get more details from him and update this thread, or get him to join as you have advised.  sorry 
    • It was a late payment, no default 
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lisaclaim

Capital Bank Loan 1997 - Statutory Demand by Connaught / 1st Credit

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2508 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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Hello

 

Will try and summarise..

. if I miss anything please let me know but would be so very grateful of any advice on what to do now.

 

Capital Bank Joint Personal Loan £5,481.20 outstanding taken out in 1997

It got transferred to Wescot Credit years ago and we had no communication with Capital Bank Direct at all.

It went to Legal & Trade Collections before Wescot and also a solicitors

but we adamantly paid the minimum and had been paying £40 a month to Wescot for a long time but not paid anything since beginning of 2009.

 

April 2009: received a letter with 'Your Annual Personal Loan Statement Agreement No: xxxxxxxxxxx for the period 01/10/2008 to 23/02/2009.

It shows a statement opening balance as at 1/10/2008 and then 3 payments october, november and december 2008 with a statement closing balance.

 

Had never received a statement before that at all.

Nothing shows even to this day on Experian

 

2nd May 2009: Sent a CCA

17th May 2009: Sent a failed to respond letter account in dispute

 

22nd May 2009: Received a reply from Capital Bank dated 20th May 2009

thank you for your statutory request for information in respect of the above Loan Agreement.

Please find enclosed a signed copy of the executed Agreement.

 

Thats it and then a 2 page agreement which can be viewed here

 

Page 1

http://i39.tinypic.com/jayh3p.jpg

 

Page 2

http://i42.tinypic.com/20ubd04.jpg

 

 

At the beginning of the year 2010

got a statement and then another one in February 2010 which is just a general statement showing what we owe and what was paid.

There are no charges on the account and no interest been applied.

 

 

13th August 2012

My husband got a letter dated 13th August 2012 (my name not on although a joint account):

 

"We are writing to notify you that Bank of Scotland PLC has assigned all of its respective rights,

title and interest in respect of the above referenced accouint (including the outstanding balance) to 1st Credit (FINANCE) 5 LIMITED, effective 31st July 2012."

 

.... plus more just stating that they are managing the account and we have to contact them to organise payment on the account as a matter of urgency.

 

There was also an 'Account Assignment' attached stating balance now due and to contact them to agree repayment options etc. etc. etc.

 

28th September 2012:

Today my husband received a Statutory Demand under section 268(1)(a) of the Insolvency Act 1986, Debt Liquidated Sum Payable Immediately - Form 6.1

 

Any advise would be much appreciated as read on a number of forums that Connaught always send these out and not worth anything then some forums saying that houses could be possessed ! if over £2,000 so take it seriously.

 

Also my name is not on anything it is always my husband although the original loan was a joint personal loan.

 

Many thanks in advance

Edited by Sidewinder
Edited out personal name

----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Hi..

. I have just read a thread in these forums which looks like discouraging me to act with regards to the statutory demand.

 

Below is an excerpt from an excellent post

http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post(1-Viewing)-nbsp

 

but I am still unsure as to whether to take the statutory demand seriously.

 

It was delivered in the normal post and not signed for.

 

It does name the course but underneath that in bigger bold black lettering it says to contact 1st credit.

Please can anyone advise

.Many thanks in advance.

 

I hope I did not put anyone off responding due to the long initial message.

 

I just wanted to make sure you had all the facts to be able to help me.-------------------------

--What does this all mean?

 

The service rules are not something new to debt collectors.

They know this rule well.

The reality of the situation where a debt collector sends out a SD in the post is that he has absolutely no intention of petitioning the court for bankruptcy.

 

He has no intention because

[1] to present a petition involves his putting up serious money up front and into court

(currently, September 2008 - court fee on presentation: £190.00, deposit: £415.00,

plus fees to process server and solicitor on the hearing of the petition, p

erhaps another £750.00ish), and

 

[2] if the petition succeeds,

the debt collector ceases to have any further control over the collection of the debt.

 

On the contrary, the debt collector wishes to retain control of the debt's recovery as cheaply as possible.

His modus operandi is therefore to send out the scariest looking piece of paper imaginable in an envelope stuck to which is a second class stamp.

 

If the debt collector genuinely intended to pursue the debtor by bankruptcy,

was committed to paying the fees and losing control once a bankruptcy order had been made,

he'd ensure he complied with the service rules from the outset and would not take any short cuts which would frustrate that genuine intention.

It is an abuse of the process of the court and harassment to send out a statutory demand by post with no intention of relying on it in bankruptcy proceedings.

 

This sort of practice once cost a creditor its Consumer Credit licence (Credit Default Register Limited, licence number 0154753 terminated 5 May 1993).--------------------------------


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Lisaclaim

 

I think you need to get this thread moved to legal as you could be being missed here.

 

I cannot help as I am not an expert but I have alerted the site team that this thread is perhaps being missed

 

Best of luck

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moved to legals

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Lisaclaim

 

I think you need to get this thread moved to legal as you could be being missed here.

 

I cannot help as I am not an expert but I have alerted the site team that this thread is perhaps being missed

 

Best of luck

 

 

Thank you so much... I wondered why I wasnt getting a response :)


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Lisaclaim.

 

Not sure why you are not being picked up by the site team. Would suggest you hit the black triangle and put a short sentence this is a 1st Credit SD. Help requested or something like.

 

I cannot help or advise except that this is not something to ignore as 1st Credit from what I read tend to be the real thing. I am hoping not but best to get someone with more knowledge than me to help you

 

Good luck

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1st Credit are usually serious about taking people to bankruptcy..

...when was the last time you paid anything towards this debt ?

 

Have you sent off a CCA request ?

 

A SAR to the original creditor might also be a good idea to check for charges potentially missold PPI etc...

 

...I think sending them an email similar to this one may help,

usually at the sign of a dispute 1st Credit drop it....

 

- http://www.consumeractiongroup.co.uk/forum/showthread.php?367061-statutory-demand-under-section-268-1st-credit-finance%282-Viewing%29-nbsp

 

- If they do not respond then you should be ready to set aside.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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1st Credit are usually serious about taking people to bankruptcy.....when was the last time you paid anything towards this debt ? Have you sent off a CCA request ? A SAR to the original creditor might also be a good idea to check for charges potentially missold PPI etc......I think sending them an email similar to this one may help, usually at the sign of a dispute 1st Credit drop it.... - http://www.consumeractiongroup.co.uk/forum/showthread.php?367061-statutory-demand-under-section-268-1st-credit-finance%282-Viewing%29-nbsp - If they do not respond then you should be ready to set aside.

 

 

Hi

 

Thank you for your reply... we have not paid anything since beginning of 2009

 

2nd May 2009: Sent a CCA

17th May 2009: Sent a failed to respond letter account in dispute

 

22nd May 2009: Received a reply from Capital Bank dated 20th May 2009

thank you for your statutory request for information in respect of the above Loan Agreement.

Please find enclosed a signed copy of the executed Agreement.

 

Thats it and then a 2 page agreement which can be viewed here

 

Page 1

http://i39.tinypic.com/jayh3p.jpg

 

Page 2

http://i42.tinypic.com/20ubd04.jpg

 

to be honest not sure if I have anything to put forward as a reason to set aside :(

 

hope someone can advise. many thanks


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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I'm no expert on enforceability but I can't see any notice of cancellation rights prescribed by the Consumer Credit (Cancellation Notices And Copies Of Documents Regulations 1983).

 

Have you checked the statements to ensure the interest rate is correct as in Kotecha vs Phoenix ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hello... there is no interest on any of the statements we have received. They have not charged us any. Please help anyone otherwise I may just have to ring them :) to arrange a payment as I do not know if I can do anything else.

 

Thanks in advance again


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Please can someone help on this. Also note that Capital One failed to respond to the original request within the allocated time period of 12 days that is why I sent another request to them so basically they cannot pass the debt to someone else ? and not chase for the debt?

 

Is that correct. I sent the letter that is on this site for when a company fails to send the credit agreement within the allocated time.

 

Thanks


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Unfortunately they have now supplied the agreement....whether they didn't supply it on time will not make much difference. Unless you want to get into a battle about unenforceability of agreements, or if there is any potentially missold PPI or a large amount of charges, then it may possibly be the best thing to make a repayment plan with them.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks... I sent them an email yesterday after seeing that someone else did so on this site as just wanted to get an answer. The email went something like this:

 

We do not acknowledge any debt to you or any other company or organisation that you claim to be representing

 

Dear Sir/Madam

 

Acc/Ref No xxxxxxxxxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves, by way of a Statutory Demand ref xxxxxxxx.In the 'Particulars of Debt' you state that you have attempted to recover the amounts outstanding by telephone and letter collection methods. We have not received any letters from 1st Credit or telephone calls so we are unsure what you are trying to imply. This statutory demand is the first contact since our letter on the xxxxxx2009 as below and attached.

Since this correspondance we have sought professional advice from a National Debt Organisation, and are acting on their advice.

 

We do not acknowledge any debt to you or any other company or organisation that you claim to be representing. We would also like to point out at this stage, that you contacting us, you phoning us, or us contacting you does not indicate acknowledge of an alleged debt case law shows clearly that this can only be done by written acknowledgement by us or payment by us, providing either of these actions occur WITHIN the six year time frame. If these occur outside of the 6 years, that does not unbar a debt (See Halsbury's Laws of England for applicable case law).

We had had numerous letters from varying debt collection agencies with regards to this debt so on the xxxxxxxxxxx2009 we sent a letter (see attached) requesting a true copy of the credit agreement relating to the above account number together with any other documentation of the Act required them to provide.

They failed to comply with our request and as such the account entered default on xxxxxxxxxxxx2009 so we sent another letter on thexxxxxxxxxxxxxxx2009.

Please see the attached two letters that we sent.

We had not received a reply at all and received no true copy of a credit agreement.

The limit expired (exceeded the 12 working days for a request) and as you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

Because of this failure to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it consequentially any legal action pursued will be averred as both UNLAWFUL AND VEXATIOUS.

Please see attached letter sent on xxxxxxxxxxxfor further statutory information sent.

We hope you can shed some light on this for us and look forward to your speedy reply.

---------------------------------------------

Any ideas on if and what there response might be or am I wasting my time waiting and better ringing them to make an arrangement ?

Thanks


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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You mention 6 years....is there a gap of 6 years (5 years in Scotland) where you have not made any payment towards the debt at all ? If so then it will be statute barred


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

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hi, it was beginning of 2009 so not statute barred :(


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Hello... Just wanted to confirm I suppose it better I ring up and offer a payment plan! Please can someone confirm if there is anything else that may be done. I fully understand if not just want to be sure before I ring them.

 

Many thanks again


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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You can of course dispute the amount...PPI, charges etc....so say that until you get the results of the SAR then you consider it to be in dispute. Only talk to them on the phone if you record it though....otherwise put it in writing


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi

 

Does that mean I have to do this SAR - what is it ? I also found a letter dated 13th August from Bank of Scotland stating that they had assigned all of its respective rights, title and interest in respect of the account to 1st Credit, effective 31/7/12

 

I am pretty sure never had PPI

 

Thanks


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Sorry can I just ask as well the date on this statutory demand is 26/9/12... do I have 18 days from that date as it is getting close and I am thinking of contacting them. I don't want to be cast as bankrupt as that is scary. What will they do now. How do I stop them from carrying on with this. Please thanks


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2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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I found details on SAR on this forum... if I send this via email will that put a stop on them continuing or do I have to go to the court and ask them to set aside because I am disputing (but on what grounds):

 

Dear Sir/Madam

 

 

ACCOUNT/REF NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

 

 

 

Please note that I require disclosure of any personal datalink3.gif which you hold on me for the entire period of my dealings with you.

 

This Subject Access Requestis includes - but is not limited to any data you hold about me in respect of any matter and held in any form including notes, screen notes, recordings, internal correspondence and external corresppondence.

 

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

 

If I do not hear frm you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

 

 

 

Yours faithfully,


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Please could someone reply this mornin on how i can put a stop on this statutory demand. If i cant then that is fine. First credit did not respond to my email. I will hav to ring them this afternoon if no response on this forum as 18 days just about up. Thanks


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Hi Lisa responding to your PM

 

I can only endorse what 42man has already advised ....if there is is no dispute/ or miss sold PPI/ unfair charges and you have been supplied with a copy of the CCA then your only option is to speak to them today and arrange a suitable affordable payment plan.

 

Im sorry I can't offer any other advice,.

 

Regards

 

Andy


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hi all. spoke with first credit today and recorded the call. just asked them to respond to the email I sent them on the 9th... in the email, posted earlier in this thread, I had noted no response with regards to me requesting the credit agreement. They are going back to Capital One to see if they can get a copy of the agreement. I also got recorded that this Statutory Demand is on hold until they get back to me regarding the agreement. So let's see, may be only a delay but giving it a go. Thanks again all I will keep you updated


----------------------------------------

2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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Well done Lisa lets see what transpires.

 

Andy

 

Thank you Andy... will do :)


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2007 - RECLAIMED over £4,000

in bank charges from Halifax Bank ;)

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