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    • I'm really not sure what all the above refers to and why you are bothering with it.   This is an overdraft current account ?   You entered into it in Scotland ?    Claim was issued 14/09/18   The last payment date by YOU was 18th Nov 12   Section 78 is not applicable to overdrafts.   Andy  
    • Hi Andyorch.  Todays good news is - the matter is now dead 😀   Many, many thanks for your help and advice.
    • 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: 1...….     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.
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hi guys,

 

i was looking through an old email account which i dont use anymore, a company called cash genie are referring my account to a collections team for the sum of £957, they are willing to settle for £300 today or £400 over 4 months.

 

I remember taking out the loan but thought i had settled it and never checked back to that email account. I have received nothing at my home address.

 

the loan was for £150 back in 31/07/2009 after inquiring with them they have advised I made a payment of £75 and then 8 lots of £45 interest. I stopped paying on 28/05/2010.

 

they are charging £675 as interest and £132 in letter/late payment fees.

 

I just feel this is sooo unfair and feel like I shouldn't have to pay these extortionate amounts, i understand i should have stayed on top of it but was wondering is there any way I can avoid paying so much money? For a loan of £150 this all seems excessive.

 

Thanks Guys!

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You dont have to pay any of those charges. Thats why they are offering a massive discount.


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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they have just replied to me saying they are happy for me to pay back the original sum and one months interest so I think thats a result right?

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Check your credit files to see if the debrs there. You want to make sure negative markers are removed and get it confirmed in writing before paying. They might say no but its worth a shot.

One thing you MUST do is get full confirmation that the payment will settle the account in full and they wont sell the remainder on.


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 guys,

 

i was looking through an old email account which i dont use anymore, a company called cash genie are referring my account to a collections team for the sum of £957, they are willing to settle for £300 today or £400 over 4 months.

 

I remember taking out the loan but thought i had settled it and never checked back to that email account. I have received nowthing at my home address.

 

the loan was for £150 back in 31/07/2009 after inquiring with them they have advised I made a payment of £75 and then 8 lots of £45 interest. I stopped paying on 28/05/2010.

 

they are charging £675 as interest and £132 in letter/late payment fees.

 

I just feel this is sooo unfair and feel like I shouldn't have to pay these extortionate amounts, i understand i should have stayed on top of it but was wondering is there any way I can avoid paying so much money? For a loan of £150 this all seems excessive.

 

Thanks Guys!

 

Could this be the same thing that myself and another user are facing? Basically the agreement is that when the loan is due to be paid they take the interest and loan out in 2 seperate transactions. However, they have been taking just the interest and automatically rolling it over, despite what their agreement says.

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