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    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty, I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks. I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming, and after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond. I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015. Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years, I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do? I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
    • Hi.   Quick update. I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.   I have had my Cifas report today. It states.   Barclays Bank registered a 1st party fraud report against me on the 30th May 2019. This is the date they closed my account.   Case Type: Misuse of facility. Reasons: Multiple encashment fraud. Cifas Filing: First party fraud - (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility; or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)   So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.
    • clarification Perhaps look up the latest studies on modern examination of historic smallpox to attempt to map its types and paths..
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Nottsdave

Charging Order-B136(CO) Notice of application to register a restriction against the land

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Hi All

 

 

Some help please, in March 2010 I received- B136(CO) Notice of application to register a restriction against the land.

This was placed due to a sole debt that I had on a credit card, the property is in joint names with my wife.

 

 

Our house has just gone up for sale and I have read somewhere else that a "Restriction" does not mean that any monies received from the property will be settled automatically ? and that the solicitor dealing with the sale only needs to inform those who applied for application to place the Restriction within 14 days ?

 

 

Im really looking for some clarity on this as I don't believe a unsecured debt should be turned into a secured debt and I will deal with the DCA once I understand a bit clearer.

 

 

Thanks

 

 

Notts


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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We could do with some help from you.

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Thanks Andy

 

 

Anyone know of a good clued up Solicitor in the Notts area?


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Im afraid CAG cant endorse any legal representation..plenty in the phone book/internet.

 

Thread moved to General Legal Issues


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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Hi

 

 

Just thinking and looking at the letters sent from the Land Registry one is addressed to me and one to my wife is this because we are joint holders of the property ? and its nothing to do with the debt

 

 

Ta


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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If its your debt only...hence the restriction but both of you must be informed...but the restriction is only placed against your share of the equity.


We could do with some help from you.

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

 

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oki doki

 

 

Thanks


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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so I will prepare some documentation and look to appoint a Solicitor , but before I appoint I will make sure they fully understand what needs to be done and the timescales.

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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I personally wouldn't bother Notts....you dont fight the Charge...you fight the judgment that the charge secures.


We could do with some help from you.

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

 

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Hi Andy

 

 

Thanks for your reply

 

 

Our house has just gone up for sale and I have read somewhere else that a "Restriction" does not mean that any monies received from the property will be settled automatically ? and that the solicitor dealing with the sale only needs to inform those who applied for application to place the Restriction within 14 days ?

 

 

What Im trying to avoid is paying automatically from the proceeds of the sale.

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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It can be done and its perfectly legal. The problems finding a solicitor who understands this. I'd be tempted to just ring rould firms and ask.

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Hi

 

 

That's my plan I will discuss with Solicitors prior to appointing to ensure they fully understand what needs to be done.

 

 

Thanks for your reply.

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Thanks Andy

 

 

Anyone know of a good clued up Solicitor in the Notts area?

 

You can use the Nottingham Law School Pro Bono service for free.

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Hi Sequenci

 

 

What services would they be able to provide ?

 

 

I was going to look at appointing a solicitor to do the conveyancing and to take care of the issue with the debt

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Well you'll need someone to do the conveyancing anyway - I doubt the advice service will be able to do that. I *do* know that they're very good all debt-related issues though.

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ok

 

 

So.. I will contact the Nottingham Law School Pro Bono service to see if they can help me with the detail of making sure a solicitor understands the legal position.

 

 

Then get a solicitor on board and away we go.

 

 

Does that sound like a sensible approach?

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Very much so.

 

For the record, as it's only a restriction there is absolutely NO requirement to pay the charge as part of the house sale, a simple notification of the change in circumstances is all that is required.

 

Good luck!

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Brilliant

 

 

Thanks very much you have been a great help

 

 

Keep up the good work !

 

 

I will let you know how things progress

 

 

Dave


As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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