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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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mrgaffney

T-Mobile and Lowell

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I have a debt on my credit report which I originally contested with T-Mobile some 5 years ago but then gave up and so did they.The entry is with Lowell Portfolio. Will the SAR route work with Mobile phone contracts and if not how can I go about getting this one taken off my file?

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I have a debt on my credit report which I originally contested with T-Mobile some 5 years ago but then gave up and so did they.The entry is with Lowell Portfolio. Will the SAR route work with Mobile phone contracts and if not how can I go about getting this one taken off my file?

 

Would be very tempted to leave the lid firmly closed as it is about to become (if it is not already) Statute Barred.

 

When was the last payment, or last acknowledgement of the debt?

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Would be very tempted to leave the lid firmly closed as it is about to become (if it is not already) Statute Barred.

 

When was the last payment, or last acknowledgement of the debt?

 

The last payment or acknowledgement of the debt was...never..... but I want it off my credit file soonest*. I think it is unlikely that they will still have or be able to find the paperwork hence my question with the SAR.* I am changing jobs later this year and will be looking at renting a flat and possibly buying a car.

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The last payment or acknowledgement of the debt was...never..... but I want it off my credit file soonest*. I think it is unlikely that they will still have or be able to find the paperwork hence my question with the SAR.* I am changing jobs later this year and will be looking at renting a flat and possibly buying a car.

 

Yes you could SAR T-Mobile. No point doing so with Lowells, as this will just be a spreadsheey entry.

 

Once you have any useful info, you then challenge to remove the default. This will ultimately depend on there being agreement that that no debt default exists with T-Mobile.


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What is the date of the default entry on your credit file? It will drop off after 6 years regardless.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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What is the date of the default entry on your credit file? It will drop off after 6 years regardless.

 

I know it will and that will happen late next year.I am trying to get it off my file sooner for various reasons.SAR has been sent, awaiting reply.

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Mobile phone accounts are ''service'' contracts not credit agreements regulated by CCA 1974, often it is extemely difficult to get entries removed from CRA files unless you have evidence that there was no reason to default the account eg the default sum was made up of charges that caused the default, or the default was placed unfair such a being placed more than 6 months after the cause of action.


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forgive my ignorance, but if it is not covered by Credit Agreements then why can they put it on my CRA?Is this a case of having their cake and eating it?

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It is a rolling service account with obligations to pay specified amounts monthly for the service provided so can be properly reported.


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OK, so if they cannot produce any paperwork relating to a service contract can I dispute the entry on the CRA? Do I need to send a reworded SAR?

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Mobile phone accounts are ''service'' contracts not credit agreements regulated by CCA 1974, often it is extemely difficult to get entries removed from CRA files unless you have evidence that there was no reason to default the account eg the default sum was made up of charges that caused the default, or the default was placed unfair such a being placed more than 6 months after the cause of action.

 

This may be the case:

 

- Stopped paying the bill due to a disagreement circa End Oct/Beg Nov 2007.

 

- Default date 10/06/2008

 

Does this mean the default was entered unfairly?

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Emm long time span, just a little over the ICOs 6 months recommended, also the ''disagreement'' I presume was not settled?

 

You can challenge on both points, write to the Data Controller at TMobile.


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