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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • 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. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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lowell claimform - old LLoyds loan/Fast Track***Settlement Agreed***

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Reading posts ! do I need to submit a defense?

noticed on the N181 form that Lowells have submitted their defense but I did not receive?

Panic if I do as I have nothing prepared in the terms of my witness statement and a very weak one when I start preparing it..

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Reading posts ! do I need to submit a defense?

noticed on the N181 form that Lowells have submitted their defense but I did not receive?

Panic if I do as I have nothing prepared in the terms of my witness statement and a very weak one when I start preparing it..

 

You have already submitted your defence.....Lowells can submit a response to your defence which must be filed with their DQ ...ask the court for a copy.

But your Witness statement will be mainly based on their witness statement ...assuming they file one and serve you a copy.


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Thanks Andy, well all forms sent and request for a copy of their defense also.

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you requested a copy of their defence???? it is up to them to send a copy of their defence, why you do that???


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

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Well recieved this in the post yesterday/ I have removed personal information

 

Any advise please

1: I have written to Looyds offering a full and final settlement ( they have not responded )

2: I have completed the N181 form whereas Lowells completed the N180 form.

 

Not sure how to move forward with this

a: resend my full and final offer letter( which I will need help with in relation to the terminology to be used )

b: Request a mediator through the court( not sure if I can do this or contact a debt plan organisation to arrange payments to them

c: sit and wait to see what they do?

 

Any advise out there will be gratefully appreciated

court letter 13 July.pdf

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C...but if no contact from the claimant you must resubmit a further DQ before 13th August...this time no mediation.

 

Andy


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Update@

Having sought advice from CA, I have agreed a payment plan with them, it will take over 15 years to pay, the stress of it all has been lifted.

 

Whilst I would like continue and further challenge the money grabbers, I just don't have the health to do so.

 

I would like to thank you Andy and DX so much for the time you have given me and the advice you supplied.

This site is a valuable source of information.

Contribution made.

 

I will look at reclaiming charges of interest etc once I re-apply for my SAR so I will be back here.

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You must do what you feel best and most comfortable with .......defending a Fast Track claim always carries risks.

 

Well done on resolving this to your satisfaction....and many thanks for the donation.

 

Thread title amended.

 

Regards

 

Andy


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