Jump to content


  • Tweets

  • Posts

    • Two further letters from Lloyds Bank. They state the terms offered in the Tomlin order are "standard", I think they left out the part where they meant standard for their client. My understanding is that the terms of a Tomlin order should be acceptable to both parties. While I could get bogged down in the fact the wording of their proposed terms in their Tomlin order were very wide, and while perhaps not relevant they appear to fit very closely the definition of unfair terms laid out in the Consumer Rights Act, this is probably a waste of time and better saved for the judge should the matter of costs arise. I'm not sure there is really any requirement to reply if one is 100% certain the claim will be awarded, however there is an opportunity to save Lloyds Bank from further wasting the courts time. A proposed reply below.     Lloyds - Defendant - Letters 09.08.22 - Redacted.pdf
    • Hello guys, was hoping to get some advice/help in regards to sorting this debt out.   On the 30th April 2016 I got finance approved on a car through Santander.   on the 7th January 2017 I had an accident in this car and it was written off. The insurance company paid the money straight to Santander Consumer Finance who then said I had to pay up £1047 immediately or they would add a default to my name. I originally agreed to pay £500 for 1 month and the remaining amount the following.   Due to difficulty getting the first £500 together I rang them 3 days after the payment was due and apologised telling them of my difficulty, but they said as I had broken the agreement I now had to pay £2247! I was furious and instead offered to borrow some money from a friend and clear the original amount that same day, they point blank refused to accept that so I told them to get stuffed.   In 2021 I received numerous letters from Cabot and didn’t think anything of it as the default had now come off my record.   This year I have received a letter from Mortimer Clarke with threats of a CCJ.   I then decided to email them this;   Dear Sir/Madam   I received your letter regarding the account indicated above, claiming that I owed a specific amount. I would like to inform you that I do not know of any such amount I owe Cabot Financial (UK).  I would also like to call your attention to the FCA’s (Financial Conduct Authority) Consumer Credit sourcebook that states that: A firm should neither ignore nor disregard a customer’s claim that his debt has been settled and/or is disputed and must stop making demands for payment without providing the customer clear justification and/or evidence as to why the claim is not valid. 7.5.3 A firm must suspend or cease the steps it or its agent takes in the recovery of a customer’s debt where the customer disputes or has settled the debt on valid grounds or what may be considered valid grounds. 7.14.1 If a customer disputes the debt on valid grounds or on what may be considered valid grounds, the firm must re-examine the dispute and provide details of the customer’s debt to the customer in a reasonably timely manner. 7.14.3 If there is a dispute regarding the identity of the borrower or the amount of the debt, it is for the firm (not the customer) to establish, that the customer is indeed the correct person/identity in relation to the debt owed or that the amount is correct under the agreement. 7.14.4 A collection firm must provide the customer with information regarding the outcome of its investigations about a debt that the customer disputed or has settled on valid grounds. 7.14.5 If the customer disputes the debt and the firm who seeks to recover the debt is neither the lender nor the owner, the firm is required to: > (1) Pass the information given by the customer to the actual lender or the owner; or > (2) If the firm was given authority by the lender or the owner to investigate the dispute, the firm is required to notify the lender or owner regarding the outcome of the investigation. 7.14.6   You have not ceased your collection activities whilst investigating a reasonably disrupted or queried debt, a method that is considered unfair and deceptive. Furthermore, by continuing to make demands from me to make payment whilst ignoring/disregarding claims that my debts are disputed or settled, your agency is committing what amounts to psychological and/or physical harassment. In light of this, I am asking that you do not make contact with me regarding the above account without providing me with evidence regarding my liability.   I shall wait for your response confirming that the matter I have presented above is closed. If I do not receive such confirmation, I shall file a complaint with the department of trading standards and may inform the FCA regarding your actions. If necessary, I shall also forward a complaint with the Office of the Financial Ombudsman Service and Information Commissioner.   I look forward to your response.     They replied with a copy of the original finance agreement, however the date of that agreement was 30th April 2016, that would now be more than 6 years.    Furthermore the name on the agreement has been spelt differently to mine and is missing part of my first name.   My question now is how do I respond to this?   Thanks in advance for any advice (I may take a bit of time replying due to work constraints)
    • Hi all,   Due to my own carelessness, I ended up with a 2nd charge on my property, via way of a CCJ, because of a debt (approx. £12k) on an old MSDW credit card. This was back in 2004.   Nobody since has ever approached me about this debt, and I have no idea who owns it. I wrote to Morgan Stanley Bank International Ltd about 6 years ago, and they never replied.    I want rid of this charging order. Does anyone have an opinion on what I should do? Go knocking on Barclaycard’s door, asking if they have the debt? I certainly don’t want to go knocking on the doors of the various DCAs, and inadvertently kick off a feeding frenzy.    All opinions welcome, thanks in advance. 
    • I could also add... In a time where the nation has the least amount of trust in Government and their departments, whereby the taxpayers believe the Government is pretty much taking the p*ss out of residents left, right, and centre... HMRC is doing this..
  • Recommended Topics

  • Our picks

  • Recommended Topics

Yippee!


strezzy
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5551 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

Despite saying they would file a defence, Nationwide didn't and I received my claim plus interest and court fees yesterday and today. Do I have to inform the courts or is that it? Also am I entitled to claim interest from the date of filing the claim with the courts until settlement and also for costs in respect of time and stationery incurred in filing the claim and is it worth antagonising them further or should I quit while I'm ahead?

 

Thanks for your help:D

Link to post
Share on other sites

That is great news! I expect they will just file a defence saying they have paid in full.

 

How much was you claim for? - hope you dont mind me asking!! What time did they credit the first amount yesterday?

Link to post
Share on other sites

Hi! Don't mind you asking at all.

 

The costs were as follows:

£664.00 in bank charges

£143.74 in interest

£ 80.00 in court costs

£887.74 in total

 

The bank charges were posted sometime yesterday and the costs and interest sometime today but not sure what time in each case.

Link to post
Share on other sites

Feels brilliant cos I swore that as soon as I filed the claim there would be some judgement or other that would prevent from getting my money back!

It's been a great day cos Egg have settled as well. 3 down, 7 to go!

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...