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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
    • so you've had a notice of assignment then?   if so that's rare for nasty west to sell it on they typically litigate themselves so I bet the debt is vastly inflated with penalty charges and the interest they attract.   i'd be sending NW an sar get all the statements. then go thru them with a fine toothed comb.   could be £1000's to reclaim....   pers i'd stop paying   what was the original debt amount and what is outstanding now a bit more info on the history please   dx    
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aka747

Three Mobile / Lowels / County Court Litigation

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In early 2007 I renewed my contract with 3 on the basis I could use my contract "abroad like at home" in line with their advertising at the time.

 

I phoned 3 to ask, "does the 'use your phone abroad like at home work in australia'" to be told "yes australia is a three country".

Those are the exact words used.

I extended my contract on this basis.

 

I went to oz with that in mind and happily used my phone for about 3months,

first in sydney on the network 3telstra then up the east coast on telstra (networks auto selected by phone).

 

In the summmer of 2007 my bank sensibly refused to pay a direct debit requested by three because of the amount.

Turns out because I wasn't in sydney anymore, and no longer on 3telstra I had been charged roaming. Approx £400 bill.

 

The three website at the time did not state this, I checked before I left the uk. All it had was a map of the world with 3countries highlighted.

 

I called three to complain and cancelled my DD with my bank as 3 breached my contract/mis sold it in the first place.

 

Fastforward 4 yrs from that point I'm starting to get letters from County Court Litigation looking to claim approx £1500.

It does say 3 are the orignal debt holders. So not a phishing excercise.

 

Iv read the other threads and am not panicking but would like this to go away.

I fundamentally disagree with threes notion that I owe them money when they misold me the contract. I do not want to pay anyone.

 

Suggestions on next steos please kind CAG people!

 

Three things have struck me :

1) Is the debt disputed, as far back as 2007?

2) Can debt agenciens legit add so much interest to the original debt?

3) How long does it have to be before mobile phone debt cannot be persued, 5 or 6 yrs or is it a myth

 

Need a bit of guidence

Edited by aka747

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Should say debts gone from three to lowells to a few others to end up with County Court Litigation and so far I have just send all letters back unopened with "not at this address"

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Hello and Welcome,

 

I've moved this thread to a Forum where I would think you'll get the help your looking for.

 

Regards,

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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little they can do

 

they are just a DCa - no powers.

 

as you in the uk now?

 

dx


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Yea. I fell out with three about may 2007. Returned to uk in march 2008.

 

So that's 5 yrs since debt started not 4ys I said before

 

little they can do

 

they are just a DCa - no powers.

 

as you in the uk now?

 

dx

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just a phishing trip me thinks.

 

dx


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Have you received a notice of assignment from Lowells - this would advise if they have purchased the account or not.

 

It does seem to be an awful lot of interest/charges on the original debt of £400.. so you could certainly dispute that.

 

Yes, if you have an unresolved dispute with the original creditor then perhaps it would be wise to let Lowells know - they are extremely litigatious and have been issuing stat demands left right and centre over the last few months. Although most of these have indeed be set aside.

 

For the debt to become statute barred, then there would need to have been a period of 6 years where no acknowledgment of liability or payment has been made. This is 5 years in Scotland.

 

IMHO, I would send a letter to Lowell advising that there is an unresolved dispute with the original creditor, that you believe they should return the account there for resolution.

 

- do head your letter **I acknowledge no liability to either you or any company you represent**

 

Do not hand sign your letter.. Print or use a digital signature.


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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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I had received a letter from adventis, who are apparently the same people as crown litigation, saying they had been assigned it on behalf of their client and would instruct someone legal to start procedings if I didn't respond.

 

I think it went three to lowells to scotcall (I think) to someone else then to adventis and now county court litigation.

 

I have never accepted liabilty, I am pretty sure I have never responded to any of the debt agencies.

I once wrote to three to say that we were in dispute why were lowels contacting me, three said they had appointed lowels. I didn't think they could do that while in dispute.

Been ignoring them ever since.

 

Is the best course of action to reply to next letter with "accepting no liabilty ect currently in dispute with three mobile" letter?

 

If I have never acknowledged liabilty for the debt and never made a payment does that mean they can't legally persue me for the original debt or the interest they are claiming? Its was may 2007 the dispute started with three that's 5yrs and I'm in scotland

 

Thanks for the advise btw

Have you received a notice of assignment from Lowells - this would advise if they have purchased the account or not.

 

It does seem to be an awful lot of interest/charges on the original debt of £400.. so you could certainly dispute that.

 

Yes, if you have an unresolved dispute with the original creditor then perhaps it would be wise to let Lowells know - they are extremely litigatious and have been issuing stat demands left right and centre over the last few months. Although most of these have indeed be set aside.

 

For the debt to become statute barred, then there would need to have been a period of 6 years where no acknowledgment of liability or payment has been made. This is 5 years in Scotland.

 

IMHO, I would send a letter to Lowell advising that there is an unresolved dispute with the original creditor, that you believe they should return the account there for resolution.

 

- do head your letter **I acknowledge no liability to either you or any company you represent**

 

Do not hand sign your letter.. Print or use a digital signature.

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Hi,

 

If the debt is genuinely "Statute Barred" and you have written to them stating that it is, then that is a complete defence to any court proceedings that they may try to bring.

 

Some info here.................

 

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

 

 

There is a letter you can send........................

 

Dear Sir/Madam

 

Ref: xxxxxxxxxxx

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

 

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged;

 

then as from the expiration of that period the obligation shall be extinguished..."

 

I/we would also point out that the Office of Fair Trading (OFT) say under their Debt Collection Guidance on statute barred debt that:

 

"It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last written acknowledgement/payment of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Part 1 Section 6of the above Act, I/we suggest that you are no longer able to take anycourt action against me/us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that:

 

"continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment".

 

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I/we look forward to your reply.

 

Yours faithfully


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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all the pretty names for dca's that make them 'appear' official'

 

they are are NOT.

 

court proceeding ltd

 

this, judgements r us that

 

money goes to our pocket fleecers

 

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

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Are you able to scan in the letters you are being sent by these people.. especially the one claiming to be crown litigation ?

 

Follow instructions below.. please remove any personal information first.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button


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

 

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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Crown Litigation Services is a Trading Name of;

Wescot Credit Services;

Wescot have several trading names.


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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Unfortunately I have already sent it back to them. Currently I think I'm a going to have to wait for something else to find out who I am to write to then hit them with the 5yr rule letter

 

Are you able to scan in the letters you are being sent by these people.. especially the one claiming to be crown litigation ?

 

Follow instructions below.. please remove any personal information first.

 

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