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    • with regards the card, did you send hoist a CCA request? as for the defaulted date, if a creditor took several months from last payment date to register it, there is most certainly objections to that that can be made should they raise a court claim and these have been successful for us.   as for the OD, again if months or even years have been allowed to elapse before it gets a calling in notice, then again there are objections we've seen and used to very good effect.   send lloyds an SAR and prepared.   the OC would have defaulted these not the DCA debt buyer on or before sale.   where was the Letter of claim and was that simply for the Card debt.    
    • I have the last ever deferment acknowledgement letter from SL ever made and received if that helps.    Rather than call, would it be better in writing? I find them very intimidating on the phone and went to pieces last time after waiting in the queue so long.
    • yes all i know some court fees might be due ie they did take you to court , but it failed did it not..so..
    • Hi All,   My partner is being chased by Hoist/Robinson Way for a couple of old debts:   1. Lloyds credit card. 2. Lloyds student overdraft   RW claim proof of debt assignment was sent but nothing was received. We haven't seen any documentation showing the original agreement. We've asked for documentation showing when payments were made and when the last contact with Lloyds was, as I'm pretty sure these are statue-barred debts.   In regards to debt 1 above, the documentation showed that the last payment was November 2014. Nothing was paid since and there was no contact. RW are claiming, however, that the debt was marked as defaulted in 2017 by Lloyds therefore it's not statue-barred.   My understanding is that the limitation is based on "the earliest date the account could have defaulted, regardless of when the default notice was issued" but there seem to be differing opinions about this online. Apparently some creditors choose to delay defaulting a debt intentionally.  My question is - does Lloyds marking the account as defaulted in 2017, three years after the last payment was made, mean this debt is not statue-barred?   In regards to debt 2 RW have given us no documentation whatsoever, i.e., last payment or contact. They're still waiting on Lloyds apparently, yet they've logged both debts against her credit file; we queried this with Experian who said they'll speak with RW but ultimately they wouldn't be able to remove this information without feedback from RW. Interestingly enough, after raising an objection with Experian, both debts disappeared from her Experian records a couple of months ago, only to reappear a few days later.   If someone can clarify what impact Lloyds marking account as defaulted in 2017 rather than 2014 (when the last payment was made), that would be appreciated - does this mean the debt is not statue-barred? If you need further info or if there's a template I should fill out please let me know. Cohen sent a letter of claim on behalf of Hoist/RW in regards to County Court but not heard from them since we've disputed the debts.   Many thanks.
    • thank you dx   on the penalty charges- does this include;   legal fees site visits letter telephone call court fees    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Backdoor Arrow CCJ for MBNA CArd debt - now N56 ***Dismissed***


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looked at the credit file

it's not good reading

id say 5 ccjs in total and no real way of paying them off

 

she had an iva for them and when she couldn't keep up the repayments they have it seems gone for her

 

i thought bankruptcy as she won't ever be able to pay them off

 

any idea

of course she can fill in the form and they can take it from her wages but as she has so many she will never be able to repay them

maybe the judge will see this but they seem to be on the side of the banks

 

any help appreciated

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It's only one of them, don't kick the others if they are not chasing.

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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agreed

 

so

 

still no wiser as to who she owes the debt with !!!

not on her credit file

what can we do to trace the debt to see if its sb

she can fill in the form and send off, however, what if she doesn't owe???

which should i do first

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Post 19

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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Court call found that the debt is from MBNA

we have asked for the original copy of ccj and the claim form to be posted which they are doing today

- if anyone is following this, the best time to get through is early. Press 2 then 3

 

attachment of earnings sent off

so what would the next step be

shoosmiths holds the debt/ccj - I don't think they should be called

who would I go to

mbna?

what if we don't have any data at all such as account no etc etc

 

bump

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Depends what you want to do next......accept the CCJ and comply with the Attachment of Earnings (which you have completed and sent off)

 

Or do you have a valid defence and wish to set a side the judgment and defend the claim.....in which case you should have ticked suspend the attachment of earning (N56).

 

Andy

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well yes, id like to defend it if it is defendable andy.

so I want to cca someone

also, she was with payplan it seems so its more convoluted

 

I don't think she ticked suspend the action

we didn't know to do that

i do now

 

thanks

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when do you think her last payment was?

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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done it

 

go ring MBNA and ask then!

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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urm..last payment date:madgrin:

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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here is the response

 

can I get a definitive answer to what this actually means from the mighty forum - dismissed to me means dismissed however that does not mean that the end of this story

thanks for looking

NO44.pdf

Edited by stu007
PDF Redacted
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You must redact things!!!

I 've hidden that

 

They have 14 days to object

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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i thought i did!!!

sorry

 

but what does the term dismissed mean - that the judge has decided to dismiss it on the grounds of her statement of earning?

what have they dismissed - the case of her repaying something?

 

thanks

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no redaction at all every pers number and names still shows.

 

read it slowly and properly..

 

after reading the N56 means statement he has ordered the AOE is dismissed.

if they object the claimant has 14 days to do so.

 

 

if I dismiss you from your job that means??

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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Post 30 Attachment hidden

All pers details showing

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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  • 2 weeks later...

hi

 

we have a response from shoosmiths

I am worried to upload

i did everything correctly yet it still shows all the personal details

i will attempt again

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I dont think its any of their business how you intend to sustain you current level of expenditure and deficit.....offer what you can afford.

 

 

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 OTHERS

 

 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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its been dismissed by the judge

she hasn't a spare anything really

we offered 2 pounds the judge still threw it out

 

thanks for looking in

any observations appreciated

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what been dismissed? the AEO?

if so well done bloody nose for arrows again...

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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  • Andyorch changed the title to Backdoor Arrow CCJ for MBNA CArd debt - now N56 ***Dismissed***
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