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    • Hi @BankFodder and Dx100 thanks for your replies. Well nothing has defaulted yet as I had been able to make payments up until this month for everything. This/next month is when the shit is going to start hitting the fan basically and I want to  The livelend loan is about a year old.  Bamboo is like a month and I've made one payment Likely a couple of months and I've made two payments.   Aqua credit card I've had for a few years and it started with a smallish limit and they kept increasing it. Say it went to up to 1600 at some point and I used it and paid it back and didn't use it and they increased it a couple of times. I had always paid it off and had it sitting there doing nothing so they were quite happy I guess. Interestingly they actually cut the limit by 300 to just under 4000 and I got a letter saying after a review they were doing that (I don't know what triggered them to do this). It was only in June that they increased it significantly from approx 2.5k or 3000 to 4100.    Capital One credit card I think they increased it once and again I only used it once and cleared it and then they increased it slightly and I've utilised it all now. I have probably had it a year or so. Paypal credit they just offered me 2.5k limit and I used it for buying things. It was probably opened 18 months ago. I missed payment last month but paid it since. Barclays I've been with for years and am actually premier (lol) and have had loads of money going through my account but never sitting in there for long and I actually don't have to pay anything for my overdraft.   Santander I have had the account for a few years but never really used it too much, it was more of a backup current account and I used it for work once where I needed to keep some things separate. They only recently let me have an overdraft and I basically spunked it up the wall this month.   @dx100uk Thinking about it I didn't have any real credit for a fairly long time aside from payday loans which I got into a trap with but basically paid off.  The only thing that was a major negative on my credit file was the closed Halifax account with a balance of between -£3.7k or -£5.2k depending on when they looked at it. So what I'm saying is I don't think it was shot to shit (though it certainly wasn't good enough to get many "normal" low-interest products.   Bamboo and likely loans are, I imagine, high risk lenders in that they will give them to people with not great credit but with that comes high interest. I think one is 60% and the other 70%! These were basically used to try and gamble my way out of the shit (oops :o). Nobody sane would take out such loans but as I've admitted I'm deluded. Livelend they were more reasonable around 13%   I feel like I could have a chance with bamboo and likely about irresponsible lending and it doesn't hurt to ask. With everyone else (basically the credit cards) I think I should just write and offer them £1 a month and say I will review in 6 months (or is it 3? I forget the standard practice).   I didn't realise that considering DRO or BR was "stupid"; The amount I owe feels insurmountable and hence this is why I was considering those options...    Is it better to approach them now or wait for things to default? I don't mind if they pass them off to DCAs but I would prefer to get them to agree to freeze interest so the number owed doesn't rack up. As I've read countless times DCAs are basically powerless and have to work with what I offer (which, currently, is basically nothing). I still want to bury my head in the sand but I think for my mental health it would be better to get ahead of things. I guess I shouldn't care about my credit rating now. There's no reason I need to get in this position again. I know that I need to do things in writing and refuse to talk over the phone. Are emails suitable in this day and age or do I need to stick to physical letters? I think that recorded delivery isn't necessary just proof of postage?   Sorry for the long post and I hope I have got my thoughts across.  Thanks again      
    • Thank you so much Dx!   The Claimant is:   Lowell Portfolio 1 LTD Ellington House Leeds   But beneath it says "Address for sending documents and payments" Lowell Solicitors Limited PO BOX 1419 Northampton   I sent the CPR to the Lowell Solicitors Limited address. Should I send the CCA to the same or the Portfolio one?
    • please note your corrected defence filing date   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]     dx  
    • not sure you can use any of that to avoid paying sadly you could send them an sar to get all the details that would prove or not if they did send them nia email there are some accounts that do state this in their T&C's so I don't think there is much hope of getting out of not paying what you owe though.   get in contact with the supplier ignore the DCA set up a DD paying your on going usage and a fixed sum off the arrears IMHO.   dx  
    • Thank you Dx   Name of the Claimant? Lowell Portfolio I LTD   Date of issue: 22 Oct 2019   Date  to acknowledge) = 10th November   date to submit defence = 22th Nov    Particulars of Claim   What is the claim for – the reason they have issued the claim?  1)            The Defendant entered into an agreement with Very - Littlewoods/Additions Direct which was regulated by the Consumer Credit Act 1974 under reference ******** on 02/12/2014 ('the Agreement'). 2)            In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated. 3)            The Agreement was later assigned to the Claimant on 09/09/2016 and written notice given to the Defendant. 4)            Despite repeated requests for payment, the sum of £990 remains due and outstanding. And the Claimant claims a)            The said sum of £990 b)            Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.216, but  limited to one year, being £80 c)            Costs   What is the total value of the claim? £1200   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol)? YEs   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007? No   Do you recall how you entered into the agreement...On line /In branch/By post? Online   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes (Credit Karma)   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim? Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure, likely did.   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year? I think so, yes   Why did you cease payments? I made a late payment due to changing current accounts and because of this it cancelled some offers like pay later and I had to pay large amounts at once that I could not do so I ended up defaulting.    What was the date of your last payment? Unsure, I don't believe it is statute barred yet. I will find this.   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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Notice of Debt Collection from Westcot/Barclaycard. No idea what to do next

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Hi,

 

 

I was self employed but my business now makes very little with just a few hundred a month coming in.

 

 

9 months ago my wife and I sold our house (which had a joint mortgage) and bought a cheaper house in her name.

 

 

We used the profit to pay off some debts but I'm still left with about £30k debt on credit cards and an unsecured loan. (which I haven't paid for about 7 months)

 

 

After my wife has paid the mortgage she's left with about £600 a month for the other bills eg community charge, utilities etc so there's not much, if anything , left to pay my debts off.

 

 

I'm 60 but hoping to develop a new business which may bring some money in.

 

 

Also, my mother died last week and I'll receive a small inheritance of around £2000. Other than that I have no assets or car.

 

 

I've included a more detailed breakdown below but any advice would be very welcome.

 

 

1 Is it really worth asking for the original credit card agreements? I've read elsewhere that they don't need to be original to recover the debts. Also, do I have to send letters to both Westcot and Barclaycard?

 

 

2. We no longer have any joint accounts. Will my wife be held responsible for my debt problems and do I have to declare her income if it goes to a ccj?

 

 

 

 

3 They've added late payment charges for the last 7 months or so. Can these be reclaimed and if so, how do I go about it?

 

 

Lastly, I can't access the library though I registered a few years ago.

 

 

Personal

 

 

Barclaycard started in 2001 £1877

Barclaycard started in 1994 £12005

Barclaycard started in 1994 £9940

Opus started in 1996 £1067

Nationwide started in 2014 £1890

Aqua card started in 2014 £Zero

Barclays overdraft £1300 Total £28k

 

 

Business

 

 

Barclaycard £4500 Unsure when it began as its not listed in Noddle

Unsecured Business Loan Barclays £1200

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send cca requests under s78 for the 3 Barclaycards , and one for the opus??(who was the original creditor?) card

 

to whoever is chasing you for payment

 

your wife is not responsible for debts in your name

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get the requests off to whoever is chasing you, any ppi on any of these accounts?

 

please list who now owns/ chasing each debt


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One other point, I haven't yet told Barclaycard my new address but I assume I should now tell them.

 

 

I do have mail redirected from my old home but they don't redirect recorded delivery or signed for mail.

 

 

If they were to take me to court, would the letters be sent recorded delivery?

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yes you should always update creditors with your address

 

you are a long way off court, so dont panic on that score

 

especially with debts started that long ago

 

get the cca requests sent off for a start

 

if you could list who is chasing you it would be helpful


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Court paperwork is not sent by tracked mail.

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Many thanks for the replies. Much appreciated.

 

 

There isn't any ppi but is there any chance I can reclaim the added late payment charges?

 

 

All the other debts are still with the original lenders apart from 1 with westcot.

 

 

When I receive the CCA do I challenge it if it doesn't display my original signature?

 

 

Also, will it look worse when I have to negotiate with them if I've kept one card healthy and not paid the others?

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but is there any chance I can reclaim the added late payment charges?

 

Yes, you can submit a claim for these. If you have statements showing the charges, then all you need do is complete a spread sheet from the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

Once you have done that, send a copy of the spread sheet along with a letter asking for these to be refunded, to the company.

 

If you don't have the statements, then you will need to send a subject access request first in order to obtain them.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

 

The subject access request IMHO should be sent even if you do have the statements already, because you may well find other data that will be of use at some point :)


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4: Staying Calm About Debt

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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

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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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Don't forget to add the interest to any reclaimed fees this could be worth a lot of money in each case and could wipe out the alleged debt

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Thanks for the tip. I asked for a SAR from Barclaycard a few years ago for a PPI claim. I assume its ok to ask for another?

 

 

Today I received a letter from Barclays cancelling my overdraft of £1300. Whats the best strategy for dealing with overdrafts?

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OK to ask for another SAR, for EVERY ac that you hold/have held with Barclays/Barclaycard (all in one SAR)

 

very limited with overdrafts, for now I would wait, and suggest once you have checked everything in order from your SAR return

 

and it appears as a default on your credit file

 

you then offer a token monthly payment in line with your I&E (eg £1-£5 pcm)

 

much more ammo with your old credit card accs


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With BC a/c's, we always recommend reclaiming the full amount of each penalty charge, plus compound restitutionary interest at 24.9% or 29.9%.

 

You'd have to take court action to get them to repay the charges but BC would set the refund against any a/c balance. So court action may not necessarily be worth doing.

 

However, because the a/c's were opened pre 2007, first check to see if anyone has a proper signed credit agreement with CCA requests.

 

:-)

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Thanks again for all the valuable advice. Much appreciated and its helped to ease my fears.

 

 

I still have one credit card with nationwide which I pay each month as the minimum payment is only £10 or so.

 

 

When I arrange a repayment plan with Barclaycard, will BC demand more because they'll see I've been paying off Nationwide?

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Do I send a CCA request to both Barclaycard and Westcot? Also, I have 4 BC Cards so do I send them separately with a £1 postal order in each envelope?

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one request for each card, if wescot is chasing you for each then send to wescot

 

otherwise direct to bc

 

same for the old citi/ opus, to whoever is chasing, if not direct to opus


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Thanks again for all the valuable advice. Much appreciated and its helped to ease my fears.

 

 

I still have one credit card with nationwide which I pay each month as the minimum payment is only £10 or so.

 

 

When I arrange a repayment plan with Barclaycard, will BC demand more because they'll see I've been paying off Nationwide?

 

Are you going to provide B/shark with a Income & Expenditure form ?


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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

 

 

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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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Yes citizenB, I can send them my budget but not sure whether to include my wife's income as she's now paying all the bills ( leaving about £100 for both of us to live on a month)

 

 

I was about to send off the CCA requests today when I read on another forum, the following which has really confused me :

 

 

You can request the CCA, but:

 

Since last year they only need to supply a copy of the terms and conditions applicable at the time and a copy of the agreement that would have been in force at the time (which does not have to bear any signatures)

 

As your was conducted over the net, they do not need to provide an agreement, under amendments to the CCA, again all they need to do is provide the T&Cs and Copy of the agreement in force at the time. If it was taken out after April 2006, then they would need to provide one anyway as the law changed!

 

Now the nasty bit. Since least year if they move to court action, on this type of agreement MOST District Judges are allowing the case if the creditor can show that you a) used the card [made any purchases or drew cash] b) made any repayments to the card account.

 

As a final kick in the nasties, even if you managed to get it to the situation that they cannot take legal action, they are still allowed to report to your CRFs.

 

Why all these changes I hear you say, well it is as a result of legal test cases forced by the Claims Management Companies who promise to write off your debt ... Well they couldn't and they have cost us all as a result!

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Hmm, I will ask others if they think your I&E should include your Wife's income - I will ask others on the team for their input.

 

 

 

 

 

If


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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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imo you really need to send the cca requests for those old cards

 

to satisfy s78 their reply must be a true copy of the original agreement taken from a specifc document

 

read thishttp://fshandbook.info/FS/html/FCA/CONC/13/1


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I have no idea which forum you took that information from (please do not say on CAG), however, I am not absolutely certain the content is totally correct.

 

I notice that most of your accounts were opened prior to 2007, so you are still protected using the previous legislation and therefore they WILL be required to provide the original agreement for inspection - if only to a court.

 

They will also be required to prove that you had the terms and conditions at the time of signing the agreement and not some weeks/months afterwards.

 

They will also be required to prove that they are the CORRECT terms and conditions that were supposedly agreed to at the time of entering into the agreement. So many lenders, MBNA in particular seem to think they can produce any set of terms and conditions and claim "these were it" ? See "Harrison v Link"

 

B/shark's agreements were "questionable" in that terms and conditions did not form part of the original agreement and were usually sent (if at all) some weeks after the borrower had spent all the available credit !


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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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Thanks for full response. It was on the payplan forum

 

Hmm, well it is rather sad that they have not provided a fuller explanation of what has happened.

 

There have indeed been some District Judges who have not fully understood and given judgment in the claimants favour, but certainly not most

You only need read round CAG to see that there have been quite a few Judges who have found in the defendant's favour where it was/is obvious the claimant was/ is playing fast and loose with the paperwork.

 

These are pretty much always where the accounts were taken out before 2007.


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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