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    • Is all of this actually on the signage? Don't remember seeing that much detail on other threads.
    • If I have learnt one thing from this forum, it's not to call and communicate via email. I passed this info on to her and they are pushing for her to call them.    "Unfortunately, you will need to call us. The conversation won’t be so black and white as to therefore type over email. In a nutshell we can confirm that the request to not pay for 3 months we cannot put in place"  I emailed them back on her behalf and said that what ever is discussed over the phone will need to be put in an email so that she can review it properly. No decisions will be made on that phone call.    "Once we speak to you on the phone we will follow up with an email to confirm the options discussed. [Phone number]"   Why are they pushing for a phone call? If its not so black and white, why can they then follow up with an email?  
    • Appreciate input Andy, updated: IN THE ******** County Court Claim No. [***] BETWEEN: LC Asset 2 S.A.R.L CLAIMANT AND [***] DEFENDANT ************ _________________________ ________ WITNESS STATEMENT OF [***] _________________________ ________ I, [***], being the Defendant in this case will state as follows;     I make this Witness Statement in support of my defence in this claim.   1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income as confirmed in the claimant’s witness statement exhibit by way of the Deed of Assignment. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. The Claim relates to an alleged Credit Card agreement between the Defendant and Bank of Scotland plc. Save insofar of any admittance it is accepted that the Defendant has had contractual agreements with Bank of Scotland plc in the past, the Defendant is unaware as to what alleged debt the Claimant refers. The Defendant has not entered any contract with the Claimant. 3. The Defendant requested a copy of the CCA on the 24/12/2022 along with the standard fee of £1.00 postal order, to which the defendant received a reply from the Claimant dated 06/02/2023. To this date, the Claimant has failed to disclose a valid agreement and proof as per their claim that this is enforceable, that Default Notice and Notice of Assignment were sent to and received by the Defendant, on which their claim relies. The Claimant is put to strict proof to verify and confirm that the exhibit *** is a true copy of the agreement and are the true Terms and Conditions as issued at the time of inception of the online application and execution of the agreement. 4. Point 3 is noted. The Claimant pleads that a default notice has been served upon the defendant as evidenced by Exhibit [***]. The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 5. Point 6 is noted and disputed. The Defendant cannot recall ever having received the notice of assignment as evidenced in the exhibit marked ***. The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 6. Point 11 is noted and disputed. See 3. 7. Point 12 is noted, the Defendant doesn’t recall receiving contact where documentation is provided as per the Claimants obligations under CCA. In addition, the Claimant pleads letters were sent on dates given, yet those are not the letters evidenced in their exhibits *** 8. Point 13 is noted and denied. Claimant is put to strict proof to prove allegations. 9. The Claimant did not provide a true copy of the CCA in response to the Defendants request of 21/12/2022. The Claimant further claims that the documents are sufficient to pursue a Judgement and are therefore copies of original documents in their possession. Conclusion 10. Without the Claimant providing a valid true copy of the executed Credit agreement that complies with the CCA, the Claimant has no grounds on which to enforce this alleged debt. 11. The Claimant has been unjustly enriched at the expense of the Defendant by purchasing bulk debt at a greatly reduced cost and subrogating for the original creditor in trying to recuperate the full amount of the original debt 12. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant by way of a Section 78 request. The Claimant failed to comply. I can only assume as this was due to the Claimant not having any enforceable documentation and issuing a claim in hope of an undefended default judgment.   Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in it’s truth. Signed: _________________________ _______ Dated: _____________________
    • Morning,  I am hoping someone can help, I am posting on behalf of my friend so I will try and provide as much info as possible.  Due health reasons, she is currently not working and unable to pay her contractual car finance payments. She emailed 247 Money and asked for a 3 month payment holiday, they refused this straight away with no reasons as to why. They have told her that instead she can make a payment of £200. She is currently getting £400+ a month ssp so this is not acceptable. She went back to them and explained she cannot make this payment and they have not offered an alternative plan. Its £200 or she falls into default.  She is now panicking as she does not want her car to be taken away. What options does she have?  Thank you, 
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Old Halifax Credit Card debt - Lowell offering 90% settlement


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I have an old credit card debt from when I was younger and stupid with money due to fall off my credit file June this year.

 

Lowell have started writting to me again, it's been a good 2 years since I heard from them.

 

I suspect they know it's going to fall off my file and have come up with an offer to settle for 90% discount.

 

Is it better for me to wait until June or would I benefit from settling the debt at 90% discount?

after all its only going to cost me £300 which is pretty much nothing compared to my income now.

 

Lesson learned I guess!

 

my question is which does me the best favour credit rating wise,

 

it's frustrating I have good income now but because of things I did when I was in my early 20s I have issues borrowing for cars and a mortgage.

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If they are offering 90% discount..you really should be asking why ? send them a section 77/78 request and ask for a copy of the agreement before even considering payment.

 

Regards

 

Andy

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The problem with paying the money is that you will acknowledge the debt.

If this was me hang on for another month unles you get any sort of letter before action and ignore.

 

The most important thing is when was the last time you made any sort of payment towards this debt?

 

Just because it falls off your credit file does not make it statute barred

 

But that is me and you will have to decide what action to take

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paying will not improve your score nor remove the default.

bit it will reset the SB clock

and leave you liable for the 90% when they sell it on as you've ack'd the debt.

 

 

begging letter!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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90% means its a lemon debt and they know they can NEVER enforce it at all. As advised, send the CCA request and laugh hard at them.

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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To add, there's either no paperwork, or the debt is long SB

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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The problem with paying the money is that you will acknowledge the debt.

If this was me hang on for another month unles you get any sort of letter before action and ignore.

 

The most important thing is when was the last time you made any sort of payment towards this debt?

 

Just because it falls off your credit file does not make it statute barred

 

But that is me and you will have to decide what action to take

 

Many many years ago 2010/2011 was that last time I made any payment

 

 

the last time I heard from the credit card company was then.

 

 

Lowell sent me a few letters in 2013/2014 but heard nothing or spoken to anyone since 2010/2011.

I just ignored Lowell and have moved 2 or 3 times since 2010.

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Just ignore it completely. 90% means it is a lemon debt and they know they cant enforce it. Which is why t hey send a desperate begging letter but theyre so obnoxious they make it out as if theyre doing you a favour.

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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shld've just ignored for abit to see if it gets barred. if you didn't want to settle (only settle, if at all, re a reduction if its re the remainder wont get sold on, but note it wld be a 'partial settlement')

nudging the cra may end up nudging the dca

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statute barred then if you've made no payment since atleast 2010/11

lowells will always think SB = Defaulted DAte which is wrong.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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shld've just ignored for abit to see if it gets barred. if you didn't want to settle (only settle, if at all, re a reduction if its re the remainder wont get sold on, but note it wld be a 'partial settlement')

nudging the cra may end up nudging the dca

 

I have ignored it they wrote to me I haven't replied to it or rang them.

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Have had a couple of these - the 90% discount in both cases was followed by a letter a month or so later stating that following a 'review of my account' they had closed the file and would not be contacting me again

 

Certainly ignore unless and until something arrives which looks like a Letter Before Claim

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have you moved from the address that you took this credit out at?

and they are blindly writing to an address they 'guess' you are now resident at?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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have you moved from the address that you took this credit out at?

and they are blindly writing to an address they 'guess' you are now resident at?

If so there is danger of a back door CCJ.

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

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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have you moved from the address that you took this credit out at?

and they are blindly writing to an address they 'guess' you are now resident at?

 

I assume they've looked at my credit file to find me as they are writing to me and trying to ring me but I've blocked their number.

 

 

Letters they are sending are just settlement letters nothing else.

They haven't sent any threatening letters for years and years and as I said I've moved two or three times.

 

 

Come to think of it I don't think I've ever acknowledge it or spoken to them EVER I know they bought the debt from Halifax.

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they know time is short-or expired so they are trying to get you to pay them something just to acknowledge the debt and then if you arent careful you will be lumped with a demand for the whole lot.

 

 

I would do nothing and if they send a lba you respond with a CCA request.

That will force them to get hold of the original documents which will waste more time and actually show what the reported default date was.

 

 

That is probably a couple of months out

so will give you more confidence that the debt is SB and they are just trying it on.

 

Think about it, why didnt they just send a N1 court summons rather than some stupid offer if there wasnt something dadgy?

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retitled and moved to the Halifax forum.

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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get a CCA request running to them

that will kill two birds with one stone.

inform them of you correct address

and put them to strict proof.

 

 

even if it is SB'd nor near

that wont stop them issuing a claimform to the address last registered to Halifax.

 

 

large discounts that are not bitten on

usually make them more confident they can get a backdoor CCJ.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

no its a legal request

go read the full CCA request thread and all its posts

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Does this form run the risk of restarting the clock on the default/debt? I cannot afford to wait 6 more years for it to clear.

 

You can always add the heading to the CCA request...." I do not acknowledge any debt with your company " if it makes you feel better but no a CCA request is not an acknowledgement of a debt.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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