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    • Beware using the word "mitigating". That is only if you're admitting it and asking them to be lenient because x,y,z or whatever.   You are not admitting it so there can't be anything to mitigate something you didn't do.
    • 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]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   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? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   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 ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   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 HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
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Hi,

 

I have received a letter from Lantern requesting payment for loans I took out years ago.

 

The loans do not appear on my credit file and have not been on my credit file for at least the last two to three years.

I think I defaulted on most of them six years ago that's why they are not on my credit record.

 

Lantern have called me on my work mobile number once recently, ( within the last two weeks) and I refused to answer security questions because I was not sure who I was speaking to. But they did say they where formerly MMF.

 

I do not wish to engage with Lantern, what steps do I take to ensure I pay them or not

 

Thanks in advance.

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Then dont engage with them.......if they are statute barred anyway.

 

 

Andy


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Thanks Andy

Not sure if loans they refer to are statute barred, haven't got any of the correspondence anymore

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:bump2: The loans do not appear on my credit file and have not been on my credit file for at least the last two to three years. I think I defaulted on most of them six years ago that's why they are not on my credit record.


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Have you moved since taking this out?


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Mmf are masters at issuing backdoor ccj's

Even if the debt is statute barred


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Moved to the mmf forum


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Hi I hope you can help.

 

I have received a letter from Resolvecall to my address requesting that I contact them otherwise they will arrange a personal visit by one of their representatives, (they are acting on behalf of Lantern).

 

I think the debts they refer to are over six years old and do not show up on my noddle credit file.

I do not want them to visit my home address.

If they insist please advise most appropriate response.

I live in shared accommodation and do not want others in the accommodation made aware of their visits.

 

Thanking you in advance.

Edited by dx100uk
spacing

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old and new threads merged

please keep to one thread

 

resolvecall or snotcrawl ...sorry scotcall rarely turn up

and even if they do they are not bailiffs and have like every DCA ZERO legal powers.

 

should one appears VERY RARE.. you tell them to leave else you'll call police 101.

 

did you not resolve this in the now merged thread?

 

if your last payment was more than 6yrs ago, then send MMF our SB letter from the debt collection section of our library.


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Thanks dx100uk. Ok I am trying to get the sb letter from the library but get this message' CAG Library - you need to register to access the CAG library'

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I was logged on but did not get to the library even after several attempts. But thanks for your reply and I have got the sb letter from your link.

 

My concern then is that they can still enforce a ccj because of the following '"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4 I am not sure if they have tried to contact me during the limitation period or are doing so after.

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its statute barred you've told them

letter writing does not stop the clock!!


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You are saying Lantern can still issue the ccj even if I send the sb letter..?

 

 

Yes but your defence will be that the debt is statute barred, and if it is, the claim will be dismissed.

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no once told SB'd if they cant prove otherwise all comms should stop.


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Hi, I have received a letter from Lantern to a sb letter I sent them. The letter talks about one debt from Wageday which it says will be statute barred in January 2019. The customer reference number on the letter has a balance for multiple debts but only the wageday debt is mentioned in the letter.

 

The letter says:

'

Dear xxxx

 

We write with regard to the above reference account number and recent communication.

 

We note that you feel the Wageday Advance account should now be statute barred under the (Limitation Act 1980/Prescription and Limitation Scotland Act 1973/The limitation (Northern Ireland) order 1989). Firstly it is important to explain that an account only becomes statute barred if the last written acknowledgment or payment towards the debt is over a six year period. In this case , the original due date was on xxxx/2013 and will therefor not become statute barred until xx/01/2019.

 

If you have an queries or need to talk to us, please get in touch.

 

Yours sincerely

 

 

Lantern

Debt Purchase & Recovery Specialists '

 

 

The debts that the customer reference number refers to have not been on my credit file for several years. Ihave not responded to the letter.

 

Will Lantern now put the Wageday account on my credit file and keep it on file for the next six years?

 

Can Lantern use their letter as an opportunity to open up other debts which they have not mentioned in the letter but which I know have been included in the total debt of the balance.? ( I think the debts that have not been mentioned are statute barred).

 

 

Thanking you in advance and as always.

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They are talking rubbish!!

Sb is not from the due date!

It from your last payment

 

Typical bs from mmf


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What is significant about the date xxxx/2013, was that the date which a payment was due to the Wageday Advance account and you did not pay it?

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What is significant about the date xxxx/2013, was that the date which a payment was due to the Wageday Advance account and you did not pay it?

 

Hi. There was an idea that the COA( the date when the SB period began) was from the first missed payment. No one ever said it was the last made payment, how can making a payment be a cause of action?

See my earlier post

 

It is now established as being the date of the section 87 default notice.


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but not in every case. ….

when we start losing heeps of claims because this supposed default notice date is the cause of action

we'll start panicking

until then it means nothing.

 

dx


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Its a high court case DX, do you seriously think it wont come up.

I woul check with a solicitor, someone off the forums would be best.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi. There was an idea that the COA( the date when the SB period began) was from the first missed payment. No one ever said it was the last made payment, how can making a payment be a cause of action?

See my earlier post

 

It is now established as being the date of the section 87 default notice.

 

That is how I have always understood it. The statute barring period starts from the default date not the last payment unless a payment has been made since the default date.

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