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    • I very recently received emails from Lantern about a payday loan taken out in Feb/March 2008. The email refered to the fact I had been looking at Bankruptcy options and they referred to our 'recent communication'.   I was declared Bankrupt in July 2008 and this was part of that.   That said, they sent me the email out the blue and after reading the content of the forums here I decided to send them the 'prove it letter'. At this point I only replied via email and did not give my most current address, which has changed since 12 years ago! The email was from the 11th September. I replied on 11th September with the prove it.   They then sent me the credit agreement on the 9th October, some 28 or so days later - I guess they ignored DPA and all that.   I replied same day via email with the statute barred letter. I got an instant replay saying that they hadnt heard back from me and needed me to reply.   I replied again with the statute barred letter.   They have since replied to that email with a request to provide details in order to comply with the DPA - name, address, DOB, email. I have printed the Statute barred letter, included my up to date address and sent it recorded delivery.   Is there anything else I should be doing? SRA request? I have definitely not been in touch with them for 6+ years so its absolutely statute barred. I could send them the details fo the bankruptcy but I get the feeling they will be difficult about that - I cant find my copy of the order so I would probably have to obtain a new one and pay - I'm guessing they would be difficult about just giving the reference and date and court and sending them a letter getting them to get in touch with the receiver, so I think im better with statute barred for now?   Any help or advice greatly appreciated.
    • Is there a template letter i can send ? cant seem to find one ?
    • Page 55 onwards....   New section 78A of the CCA requires that, in most cases, the creditor must inform the borrower in writing prior to any variation in the rate of interest27. This applies to agreements entered into on or after the date the new provision becomes effective, and also to open-end agreements that are already in existence at that date. The effective date is 1 February 2011 unless the creditor chooses to comply earlier. 12.2 Section 78A applies to all regulated consumer credit agreements other than agreements secured on land and unauthorised overdrafts.   https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/422707/bis-10-1053-consumer-credit-directive-guidance.pdf   http://www.legislation.gov.uk/ukpga/1974/39/section/78A   Andy
    • Hi All, Got defaulted on a Tesco CC many years ago. Have been paying them £5 a month for around 11 years, still owe £6K. Had Intrum take over this year calling me all the time. Anyway kept paying Tesco but in February this year sent Intrum a request for my original CCA, letter attached. Received a reply back from them on October 3rd, see attached. Just want advice on how to reply to them as they have just sent me a completely new set of Tesco T & C's, telling me I had 2 weeks to respond or accept these?tescointrim130219(2).docxtescointrim130219(2).docx Intrum reply.pdf
    • Ignore until a Letter Before Action, would be good to post up pdf of stills of the signage so we can zoom in on the small print, as that is where they trip themselves up.
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I had an agreement with Marston to pay off a fine due to an untaxed vehicle being on the road.

 

Received my student finance last week not realising it was being paid into a different account.

 

Agreement broke on the 13th of Jan due to the missed payment. I had made an initial payment in december.

 

They noted missed payment on the 15th Jan

 

Today (16th Jan) a Bailiff from Marston arrived. I was asleep but another family member was arriving home from work and saw them. They put a Final Notice letter through the letter box. £235 enforcement stage costs and £75 admin fee have been added. It says "Despite previous notices and attendance(s) I shall attend to take control of goods and remove for sale by public auction:

 

ONE MORNING THIS WEEK

 

Besides trying to arrange a payment plan, is there anything else I can do? This has already caused me to have a panic attack and things are hard enough as it is. I'm currently receiving help from a psychological therapist for anxiety, low mood/depression, I am on antidepressants and also receiving counselling from my university counselling team. I did note I could inform them of possibly being a vulnerable person but I am not sure if things have escalated too far or not.

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As the case had already been with Marston when you set up an agreement, the compliance stage fee of £75 would have already been charged. What you have now been charged is an enforcement fee of £235.

 

Defaulting on a previously agreed payment arrangement will automatically lead to the agreement being terminated and the account passed to a bailiff (which is what has happened here). It is absolutely vital that you advise Marston of your vulnerability and it is a shame that you had not revealed this information to them sooner but we cannot change that position.

 

It would be wise to send a TEXT message to the bailiff to advise him that you had every intention of keeping to the agreement but you had been unaware that your STUDENT grant had gone into a different account and this has led to your account defaulting.

 

Most importantly, inform him that you are sending an email to Marston's TODAY with evidence of your vulnerability and this will outline that you are receiving help from a psychological therapist for anxiety, depression etc and that you are also prescribed antidepressants etc. There is a possibility that Marston may look kindly at removing the £235 enforcement fees.

 

 

PS: I would also suggest that you make payment of the amount due under your agreement.

Edited by dx100uk
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Thanks for the advice.

 

I contacted the bailiff directly before you messaged and told him about my circumstances.

Asked for the medication I was on etc and told them I was a student.

 

They've agreed to remove the £235 fee but want my last two payments up front by the weekend which I'm fine with if I'm honest, since the payments would be coming from the same lump of money anyways.

 

Is there anything else I should, just to make sure I'm not being lied to etc.

I did record the phone call just to be safe

Edited by dx100uk
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An EXCELLENT outcome indeed. I don't believe that there is anything else that you need to be doing other than to ensure that your payment arrangement does not default again.

Edited by Andyorch
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