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    • mcol always has fits on a W/ends   try Monday when its gets reset.   dx  
    • Name of the Claimant ? Capquest Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 10/10/19 Your acknowledgment of service was received on 25/10/2019 at 16:05:14 Your defence was submitted on 07/11/2019 at 09:55:10 Your defence was received on 07/11/2019 at 12:05:11   Particulars of Claim Not sure how to view this at the moment, as its not listed on the views I can see online. Will route out the paper copies and update in the morning. It is a Shop Direct / Littlewoods   What is the total value of the claim?   £3000   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes - Which I ignored as it might have been within the 6 years for SBD 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? Yes - catalogue When did you enter into the original agreement before or after April 2007 ? After, in 2009 Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Only have CreditKarma - which it showed on until recently , but not anymore 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. Capquest Were you aware the account had been assigned – did you receive a Notice of Assignment? I can't remember getting one Did you receive a Default Notice from the original creditor? Probably, but it was a while ago so not sure 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? in 2013. Not sure exactly but it was early in the year. What was the date of your last payment? Early 2013   Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? In 2013 early, but they never accepted.
    • Thanks Andyorch.   Damn. I misunderstood your comments on post #170 about timescales. I read "don't let a claimant impost time deadlines.........they impose the time limit because they have to pay the hearing fee". I can print a letter tomorrow and get it back first class though so they will received it Tuesday.   Is it a case of just filling in their 1-page paperwork/income/expenditure form (as we've gone through the CCCS/Stepchange, I will just add in the same figures which are correct) and wait for their reply? Or should I include a letter?   Also, if £2947 is owed, is there a sensible amount to propose owing such as the £1500 over 60 months which has been suggested?   Thanks    
    • So, after several months, got response back from Aviva. "We confirm that Aviva is not responsible for investigating sale of PPI. This is because policy was arranged & sold by EPF. They were therefore acting as your agent in this matter; there was no agency agreement between Aviva & this firm so Aviva cannot accept responsibility for any advice that they might have given.  HSBC are responsible for investigating these complaints, so I have sent them your details and have asked them to contact you.  Although Hamiton Life, now part of the Aviva group, were the underwriter of the policy in question , we were not responsible for the sale, or any associated lending. As such, you should direct any enquiry regarding undisclosed commissions to the lender who provided the finance that the PPI was protecting to progress this element of the complaint". So where do I go from here? I contacted HSBC again before deadline, got response back from them saying they were not responsible either. 
    • Thought this had gone away but Llowell have sent a letter to my daughters address, I have never lived there and although I moved address 18 months ago all my mail was being redirected so I know they have never sent anything to the address the contract was under.   They must have checked my credit file for some reason as many years ago I took out a contract phone with 3 mobile in my name for my daughter as a present and paid it for the first year she has paid it ever since.   The letter is giving me 30 days to make contact or they may issue a claim. The amount they are asking for is £794.00   I intend to write to them asking for a detailed break down of the invoice and for a copy of the assigment notice as they say the account has been assigned to them.   Should I be asking for a copy that should have been sent to me by EE? I dont understand why they would write to me at my daughters when all correspondence in the past fromm EE and Moorcroft has been to my previous (the contract) address unless they were trying to get a back door ccj.
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Sirbob00

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OK so I’ve mucked up by burying my head in the sand to long and not following the advice given.
 

I might have some Pay Plan paperwork so that will list all the creditors at the time.  

 

I’ll write to each one of them but for those that I’ve never heard from since stopping payments am I not causing more problems for myself.  

 

I thought I’d read that after 6 years of no contact or payments then the debt becomes SB and if I write to them the 6 years starts again.

 

Also even if they did have my correct address would they still not have been able to get a CCJ.

 

Thank you for your help 

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nothing can reset the SB clock not even a judge.

 

 

but you need to be aware that if a court claim is raised against an old address then its called a roboclaim.

i'e ...NO HUMAN at the court checks or sees anything...which is why its called northants bulk court, its automictic all done by computers.

 

a DCA couldn't care less if the debt is SB ...cause they know no-one will check anything.

 


..

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Hi.  I’m back.  I’ve managed to find information to write to our creditors.

 

In the letters do I advise of my husband’s situation of poor health and we survive on benefits or do I just write to them and confirm that they have the correct address.

 

Many Thanks

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Correct address only.

 

For now.


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You simply inform change of address

the rest is none of their business

dont forget

use their ref no. And refer to oc and their org number too


..

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Is OC Original Creditor and ORG number the original reference?

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:rockon:

and don't ever sign the letter 

just type  your name


..

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Hopefully one last question.  

I’ve found the original paperwork from NatWest that Moorcroft are writing to my husband about.  

This was a joint loan but they are only writing to my husband so I guess they’ll write to me shortly.  

 

Should I actually write to NatWest with our new address doing a separate letter for each of us or in the case of my husband should he write to Moorcroft and I write to NatWest?

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ignore Moorcroft, they don't buy debts.

only write to their stated client, if that's NW.?

 

 


..

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I’ve posted letters to each creditor.  

I kindly asked my daughter to take them to the post office, send them 2nd class and get proof of postage.  

She forgot about the proof of postage only getting me a receipt stating cost of 2nd class postage.

 Hope it won’t be a problem.

 

Also Moorcroft are texting my husband on a weekly basis.  

They’ve not tried ringing.  

If they do ring should he tell them he’s written to NatWest or she just tell them nothing.

 

Many Thanks

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flag/report the text as spam and block the number.

no never converse with a dca via any method other than by royal mail letter

and in this case, they don't own the debt so don't even get that honour.

 

dx

 

 


..

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Just a quick update.

 

One of the creditors we wrote to (Picture) have thanked us for updating our address with them but as we didn’t sign the letter they won’t change it on their system and have included a document for both of us to sign to confirm our current address.

 

How do I proceed.

 

Thank you

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what is the status of this picture loan please

full story

 

dx

 


..

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It was taken out roughly 2004 and secured on our house.  

We moved in 2007 and the security transferred to that house.  

That house was repossessed in 2014.

 

 Last payment was roughly June 2014.  

They send yearly statements but that’s all we’ve ever heard.

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nothing they can really do then.

next time don't allow a debt to be transferred over to a CO on the new house

you are under no legal obligation to do so.

 

so not too far from SB date then..:bounce:


..

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It was a secured loan.  When we moved there wasn’t enough equity to pay it off so they allowed it to be secured on the new house.  We couldn’t have moved otherwise.

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