I'm really not sure what all the above refers to and why you are bothering with it.
This is an overdraft current account ?
You entered into it in Scotland ?
Claim was issued 14/09/18
The last payment date by YOU was 18th Nov 12
Section 78 is not applicable to overdrafts.
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 ?
24th March 2019
Lowell Portfolio I Ltd
9 Savannah Way
Leeds LS10 1AB
Your Ref: 1...….
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.
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.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!