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    • 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: 196951198     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.
    • I will just keep quiet. Hopefully it is something she has seen on a credit file. No ones pursued me yet so I will keep fingers crossed.   I feel after 12 years of being divorced these things should have been settled by banks and companies by now.   Like I said it has been so long I have no recollection of it.
    • Hey - thanks for the reply.   So yes they have entered the 6k claim, and I have chosen to defend it.  I think I have a solid case to argue it.   So if I argue successfully and say the judge does side me with the 2k option and I pay it within 28 days it will clear?   Alternatively.  If I fight it and lose, the full 6k will obviously be due....  Again, if I pay that will it be removed within 28 days?
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torch1

Need advice - £70k debt - should I quit DMP now?

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had response many a time on RM site they are useless take money and fail to obtain signatures, delivery by sack to many big companies so not seen by post van driver to get siggy- but also in all cases a letter back to me refering to my letter of xx xxx xxxx inst so they do get them.


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

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Thanks. So it seems that I will have to assume they have got them then! Not worth sending again non recorded I suppose.

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Yes you presume received.

Not your problem if Link don't provide the paperwork to Royal Mail for their systems.


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Have received a letter from IDEM Servicing regarding an MBNA credit card debt from 2005,

enclosing a copy of the original signed agreement with my signature and what looks like a fresh set of the terms and agreement with a footer dated the same month and year as the signed agreement.

 

The letter states, they have now fully complied with their obligations and the debt once again becomes enforceable.

 

Any advice on this?

I will scan it up in a new thread

but looks like it may mean I have to make a low offer of payment to avoid a CCJ unless I am missing something?

 

It seems I am getting back quite a few original signed agreement which is worrying me.

I expected from comments there that I was being cash cowed by these DCAs.

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lets see the return

they all have filing cabinets of fake paperwork.

start that thread


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blown up nice and big so we can look at the fonts on the print. Sometimes people slip up by using a font ro printing technology that didnt exist back then to make their reconstituted documents. that will give them something to think about if the same doument uses 2 fonts

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Capital One sent me back a copy of my original signed agreement (with signature) and what looks like reconstituted T&Cs. This is for a 2003 CC debt.

 

I have missed the last 3 stepchange payments now and today received a letter saying they have instructed Fredrickson International Ltd. to act on their behalf to arrange repayment (part of Lowells group)

 

Does this mean they have sold the debt on or just asking someone to act for them for the collections. Does this mean they are likely gearing up for a CCJ?

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acting for them at this stage, usual procedure from them. 2003 application form = no doubt was a foldover application with no terms and conditions present on inception, they would arrive later with a card, therefore possibly unenforceable>???

 

 

they no doubt later if the situation is the same = non payment then start default notices and termination then they would no doubt sale the account to some Debt purchaser (Lowells) for pennies in the pound read other capital one threads and get the idea of the way they work.


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

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what they sent you was small paper with top left hand side your name and address only?


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

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start another thread

scan it up


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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what they sent you was small paper with top left hand side your name and address only?

 

It was a single piece of paper. A copy of the application form, with my salary and signature and their signature. a small box at the bottom with CCA 1974 points on the bottom section. I will start new threads for all soon.

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It was a single piece of paper. A copy of the application form, with my salary and signature and their signature. a small box at the bottom with CCA 1974 points on the bottom section. I will start new threads for all soon.

 

not compliant :) Not even as a reconstituted agreement.


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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Sounds good renegradeimp

 

Received a letter from PRA Group today offering a 10% discount to settle my account in full (for an old MBNA account).

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I have a question, today I received a letter from Capital One stating that the DCA who were acting on behalf of Capital One returned the debt to Capital One and will now be managed by Capital One.

 

What does this mean, why would the DCA return the debt?

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I have a question, today I received a letter from Capital One stating that the DCA who were acting on behalf of Capital One returned the debt to Capital One and will now be managed by Capital One.

 

What does this mean, why would the DCA return the debt?

 

Many reasons...not financially viable to chase.....something wrong with the paperwork......or Crarp 1 requested its return.

 

 

Andy


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Does that mean that the DCA (IDEM) did not purchase the debt, perhaps acting on commission instead?

 

Cap One might then try selling it on instead to another DCA?

 

Not sure if Cap On do CCJs?

(although this pre 2007 debt looks unenforceable to me)

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Does that mean that the DCA (IDEM) did not purchase the debt, perhaps acting on commission instead? Correct Cap One might then try selling it on instead to another DCA? Possibly Not sure if Cap On do CCJs? Only through a DCA after assignment (although this pre 2007 debt looks unenforceable to me)

 

Andy


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Received a letter from Robinson Way offering me a discount of 25% on a debt, followed by a letter 2 weeks later offering me a 49% discount on the same debt. (£1,100)

 

Would it be in my interest to bargain with them further or should I ignore?

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Totally ignore. Discounts like that 99.99% of the time mean the debts unenforceable. Especially with robbers way.


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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noway totally ignore


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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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IDEM have instructed Wescot to act on their behalf for one of my debts (MBNA). Not sure if this means they are selling it or not. Should I reissue a CCA Request to Wescot now?

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IDEM have instructed Wescot to act on their behalf for one of my debts (MBNA). Not sure if this means they are selling it or not. Should I reissue a CCA Request to Wescot now?

 

Not if you have already sent IDEM one...Wescot do not buy debts...just chase.


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