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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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old Lloyds CC debt - ist credit /conaught/ moon beever - Claim Form Received


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In 2007 my marriage broke up.

 

My ex husband left leaving up a certain creek without a paddle.

 

I was left with a first mortgage with GE ( was in arrears )

a second with Kensington ( am coming to the end of an arrangement to pay)

and several loans and credit cards

including a large loan from lloyds for which a CO was obtained

( i Have maintained payments) and CC with lloyds.

 

 

I have managed to pay most debt off but as lloyds didnt shout about the CC I ignored it.

 

This debt is now well over 5 years old,

 

recently I received a letter from 1st credit asking for appox £1900 which i ignored.

 

I then received a letter from connaught and then an offer letter fom them for a 30% discount which I ignored.

 

Last week I received a letter from moon beever.

 

I am not trying to avoid the debt

but am worried as I have really being trying to clear my credit file so that I can remortgage to get my ex off the mortgae ( he agrees to this).

 

I realise this cant happen for a few years but I thought that if I kept my CRA as clean as possible it could possibly happen in the future.

 

My question is what do I do about moon beever?

 

I would happily pay a reduced amount on the proviso they didnt enter anything on my CRA as the lloyds default will fall off next year

 

the origional ccj for the lloyds loan will come off in jan ( i realise I will still be paying CO but would look at increasing payment s to finish asap)

 

 

What is my best course of action with moon beever?

 

I have not yet sent a cca request, shouls I do this first?

 

My cra file indicates the last payment was made jun2007,

 

the origional agreement was 2005

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Is there some way you can check the last payment date ?

 

I would suggest you send 1st Credit/Moonbeaver a CCA request.

 

This is a request for a copy of the credit agreeement. It will cost you £1.00 and the company have 12 working days + 2 for posting, to comply.

 

This gives you a little breathing space in order to decide what to do.

 

There is a template letter in the CAG library that you can adapt and send.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If it's near to being statute barred it may be wise to send the 'prove it' letter first just to drag things out before you send a cca request. ;)

 

Yes, this might be a more sensible move. :)

 

fiogiff.. ignore my suggestion and go with the prove it letter, first.. this will cost you nothing but the stamps :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Im pretty sure my last payment was june 2007,

 

the default is dated till 01/2014 roughly six months after the last payment recieved as showing on my CRA file.

 

I havnt got a problem with paying if I have too Im more worried about the damage to my CRA file,

 

I have been working so hard to clean it up and keep it that way

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they are offering a discount

 

means somethings wrong

 

as you've already been defaulted

 

they can not harm you anymore

 

await the a/c to drop off

 

on the defaults 6th birthday.

 

i'd send nothing

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Does the account not drop off after 6yrs of missed payment or is it 6 yrs after the default date? 6 yrs since last payment wound be jun 2013 the default was issued 6 months after so wont come off till jan 2014, seem a long time to keep dodging them and im afraid they might go down the bancrupcy route. I have fought so hard as a single parent to keep my home

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All default entries are removed after 6years from the default date paid or not..

 

The cause of action ie the date when a payment was due and not made after which no further payment was ever made, the can be as much as 5-6 monhs prior to the default date.

Statute barred= 6 clear years with no payments or written acknowledgment of the debt.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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sorry Im a bit thick

 

but if I entered into a payment agreement with them the default would drop off in jan 2014

but would the debt still show on my credit file as I would have an arrangement to pay?

 

From what I can see on noodle

 

 

the debt is still owned by lloyds but the record is out of date

 

and I have received a notice of assignment to 1st credit.

 

I am curious as to why lloyds didnt chase this debt themselves after all I havnt moved in 10 years and they already have a CO for a loan?

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Defaulted entries are removed paid or not, 1st Credit have tried in the past I think to replace a default entry with an AP, the ICO says this is unfair so it can be challenged.

Noddle is often unrelaible imo try Experian or Equifax.

 

My guess 1ST Credit now own this.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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In the event i go down the prove it then cca route does the cca have to be a true copy or can it be recontituted, thought I read somewhere that pre 2007 agreements needs to be true copies, is this correct?

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lol it was trying experian and equifax that seems to have opened the floogate for this, whilst I kept my head down I didnt receive any letters within 1 month of doing CRA free trial the floodgates opened!

 

That is certainly an urban myth no one, no company is alerted when you check CRA your own files!!

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Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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In the event i go down the prove it then cca route does the cca have to be a true copy or can it be recontituted, thought I read somewhere that pre 2007 agreements needs to be true copies, is this correct?

 

Recons can be produced for any agreement but must be compliant with the case law, a recon for a pre April 2007 agreement can satisfy a section 77/78 request under CCA 1974 a copy of the original agreement is needed to pursue in court BUT it will be down to a judge to decide if a recon with eveidence or acceptance and useage of a credit facility is sufficient to believe that an obligation (to pay) subsists.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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i'd not worry too muck

 

loyds did not pursue

and sold it

 

this very lowlife DCA is offering a discount.

 

you either sit tight

 

or SAR Lloyds and discover why they never chased you.

 

will most prob be lots of £12 PENALTY charges

late/over/missed/letter etc

and they know they prob owe you more than you owe them

or close to it.

 

mrs had a moonbeever letter jan 2009, same scenario.

debt was CC from 2004

bal £1300

PENALTIES were almost £900

 

never heard another thing.

 

what is owing on yours

 

and do you have all the statements?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Unlikly in the extreme the Bankruptcy process is the final and most severe debt collection action availablle and ALL other means of collection must be exhausted before considering thsi course of action.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 1 month later...

I had a cc with lloyds approx 2k

this was sold to 1st crud who passed it on 2 moon beaver a few weeks ago.

 

It's a pre 2007 agreement and I havn't paid anything since summer 2007,

 

I got a letter from moon beaver several weeks ago saying they were acting on behalf of their client but nothing since.

 

I decided to ignore it rather than send a prove it letter or cca as I didn't want to stir things up.

 

As its pre 2007 I'm guessing that 1st crud don't have the original agreement or lloyds wouldn't have sold it to them.

 

I have another lloyds debt which I am paying to lloyds so I'm surprised they didn't try for this one themselves.

 

My question us if getting a ccj would be difficult for 1st crud because they may not have the original documents then are they likely to try a stat demand?

 

I am only concerned because at this point I haven't requested a cca but in light of a recent case

where a set aside was not granted because the cca was requested after the stat demand.

 

Do I get brave and sent a prove then a cca or am I best to try and sit it out till it becomes stat barred?

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