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    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
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Cookalina

HSBC-metropolitan-hillesden-DLC-mercantile- now cabot

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Quick question.

 

If you have already had a bad debt (sorry minds gone blank on the word) on your credit file for 5 years on a debit (the 5 years is now over)

and the creditor can't find ur CCA agreement and you moved home.

 

Forgot to inform the creditor and

 

a letter from a different creditor (11of them) turns up on your door step.

 

(10 statements and one letter to say I've failed to inform them).

 

Can they issue a CCJ against my file on the same debt?

 

Also do I have to inform them I now do live at this address.

 

They asked me to contact them without further delay to confirm

 

how I propose to lay off my outstanding balance (like that's going to happen)

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If you dont inform them and they get a ccj then it is much harder to get a set aside because the claom was served at the last known good address.

 

Also cag doesnt condone debt avoidance. Can you give some background on this debt.


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Own thread created.


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Hi. Some advise please if you can. Long story short.

 

I had a debt with HSBC (2004)

 

I defaulted and had a red tick debt on my account for 5 years (sorry my mind has gone blank and I can't think off the word)

Went to credit collectors.

I was paying monthly.

 

Suddenly out the blue I get a voicemail on phone(2008) from another creditor saying I owe them the debt.

 

I seeked advise on the consumer forum.

 

Wrote a letter to the 'new' debt collector agency asking for my CCA.

They can't find it....

Being getting statements ever since.

 

I moved home earlier this year

advised all my creditors but

forgot about the DLC as I only get a yearly statement.

 

Today I came home to 11 letters from DLC 10 statement pages and

one letter saying I've failed to inform them of my new address.

 

I must confirm this is my new address and

 

how I wish to proceed to pay the balance (yeah right -they can't find my original CCA I'm currently not paying).

 

Do I have to write back to them?

 

If I do does it show that I agree the debt is mine?

 

Can they get a CCJ on my old address on the same debt?

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Hi

not since Jan 2008.

 

When the new company voicemailed me.

as I was not sure who they were and was worried if I start paying them I could then get letters from the other company too.

 

I sent them a letter (after finding the CAG) to ask for my original CCA

and they are still looking for it.

 

I've not paid them anything since.

 

They even tried to send me a standard letter by recorded delivery to get my signature.

 

Luckily I was soon hung over the day the post man came that my BF signed for it.

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Took out loan back in 2001.

Had trouble paying it back.

2004 Defaulted.

Set up a payment agreement which was with a creditor.

Was paying back each month.

 

2008 different creditor calls me out the blue.

Since original debt 2004 I've moved 4 times.

 

Creditors/HSBC

Can't find my original CCA

Edited by dx100uk
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Do I have to advise of my address or not? My Acc is currently on hold while the DLC look for my signed copy off my credit agreement. It's been 5 years

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Ignore them. It will be sb in a month so theyre doing evertything possible to get you to pay or admit it.


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

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You arent obliged to tell them that you moved. However as already advised, if they were to obtain a CCJ at the old address, then they would have served the papers correctly and unless you had another good reason for a set aside, incorrect service could not be one of them.

 

Was there any PPI on this loan or maybe charges that could reduce it.


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Hi I've received a letter stating notice of sums in arrears?what do I do now

I just gone throught my paperwork and noticed I first wrote to them in 2009 for a signed copy of my credit agreement

Edited by Cookalina

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Long story shorty.

Got into debt, HSBC sold loan to metropolitan I was paying them with out any issues,

suddenly I get a call from hillesden demanding money and my debt is with them.

 

I contacted consumer forum, was advise to get copy of credit agreement gone through all the letters etc..(this was 2009).

Accounts on hold until they find my original copy of credit agreement.

 

My account has since been sold to DLC- mercantile back to DLC-and

 

today back to mercantile who now asked me for to complete a customer affordability statement.

Shall I just sit back and do nothing?

Edited by dx100uk
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They did not sell the debt to Metropolitan. Metropolitan are part of the HSBC group - their inhouse collection agents.

 

Have you actually received from Hillsden group a Notice of Assignment ?

 

If there was already an agreement for a reduced payment plan in place with HSBC/Met Collect then Hillsden are obliged to continue with that plan.

 

Have a read of the following.

 

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement


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Uploading documents to CAG ** Instructions **

 

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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.

 

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Thanks.

I'm going back 5years now so all I can remember is that they wanted more for my monthly payments.

I started a thread on this site but it be 5 years ago and on an old email address.

 

All I've was receiving from hillesden was a letter to say they are following up my request for original documentation with HSBC, my accounts on hold and further action been suspended in anticipation of receiving the doc required.

 

I Was getting this (or a letter as similar, from February 2009 until nov 2010) then DLC letters March 2011, then hillesden letter may and June 2011.

 

Then DLC sept 2011,

mercantile dec 2011 (settlement letter£694 to pay off £2776 ) DLC March 2012,

DLC statement Acc dec2012, dec 2013,jan 2014, 20 February

14april 14- letter advising my accounts going to mercantile mercantile may 14

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Long story short.

HSBC loan 2001

-went into repayment with debt collector 2005

-get call from a different debt collector collector 2007

- I question the debt and contact CAG

-asked for original application signed by me

- account went to statute barred.

Not heard a thing for around 6 + years.

 

Today letter from Cabot/ruthbridge saying we have not come to a mutual agreement.

Never heard of them in the past.

My account as far as I’m aware is status barred.

Am I right?

Edited by dx100uk
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I was getting the letters from MSC DC to say we are still looking for the original signed agreement and will be in touch. Clearly they have nothing

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the debt statute barred or worthless for those bottom feeders, have they offered the usual 80% discount letter yet??


:mad2::-x:jaw::sad:

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Nope. Just that we not reached a mutual agreement and someone will be in contact. Already told original DC I do not wish be be contacted by phone.

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ignore keep informed any more letters etc from these parasites )( they need to get out of call centres and do a proper hard days work)


:mad2::-x:jaw::sad:

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4 threads merged for complete history

 

the debt is now statute barred

 

send then our statute barred letter from the debt collection section of our library

 

dx


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well under the new FCA conc rules they should then crease all comms

if you've not officially written informing them of your correct address then even if its SB theres nothing to stop them getting a CCJ using an old address.

 

the days of ignoring debt and then hoping it gets to SB ended years ago.

unless they are told its statute barred


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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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