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    • sorry I have been confused by Statute Barred meaning. I thought with Statute Barred the debt cannot be chased 6 years after you have stopped paying.  Originally I set up a payment arrangement with all the companies around 2008 when things went horribly wrong. At that time the payment arrangement was with the original creditors.  I still have one of the original creditors who I pay each month (Cap1). I thought that if you make a payment arrangement you have to stick to that situation throughout. Also, MDR (Moorcroft) have been taking a monthly payment on behalf of M & S Bank for about 5 years. When I sent MDR a CCA request I got a copy of the original agreement sent to me directly by M & S Bank about 5 weeks after my CCA request. Sorry for my ignorance but would you suggest I stop paying all including Cap1 who are the original creditor? TIA
    • London1971 without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks  
    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
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    • Hi London  he doesn’t have government gateway. Should we do it via post?
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I'm going the Financial Ombudsman route


flowerofsarum
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The story so far ...

 

I am claiming on behalf of my daughter, who now lives in Spain. She is using my address as her service address (similar to Amber Ellie's case).

 

After supplying a list of charges, Lloyds haven't bothered to reply to any correspondence from us, especially a recorded LBA sent on 31st May (which, btw, hasn't yet been signed for, according to Royal Mail).

 

Because of the backlogs in court, claim registration fee etc, I have registered our case with the FO, posted the complaint form to my daughter for her signature, and will proceed when I receive it.

 

Have read many for-and-against threads re the FO, it will be interesting to see how speedily they react, and if they're any quicker than the courts. I found their adviser very helpful, they're reckoning on 2-3 months to get a final decision.

 

I am claiming for charges plus interest.

Gracias a la vida - Thanks to life

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If the LBA hasn't been signed for, then you've no proof it was received. I would advise that you send another LBA.

 

Did your Letter Before Action state that you would be taking them to court? If so, why the change of mind?

 

Which interest are you claiming? The interest they charged you on the penalty charges? You can't claim section 69 interest without raising a court claim.

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Thx vampiress, all advice is gratefully received, I don't want to make any mistakes!

 

I changed my mind, as quite frankly I don't have the £120 court filing charges at the moment. Also I find the court process quite daunting, especially when acting on someone else's behalf.

 

I used the interest calculator on the MSE website, not quite sure if that is admissable then. Please advise.

 

Royal Mail says I have to wait til Tuesday before sending off another letter, I have it all ready and prepared! By the time the second one is recorded I should have received my daughter's signed FO complaint form.

 

Thanks again for taking an interest, it was much easier last year when I claimed via MCOL and won against The Cooperative Bank, without the case even coming to court. :cool:

Gracias a la vida - Thanks to life

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I used the interest calculator on the MSE website, not quite sure if that is admissable then. Please advise.

 

You can't claim section 69 interest without raising a court claim.

 

If you want more advice on interest please read the full guide in my Chambers. I've spent a lot of time detailing it.

 

May I ask why your daughter can't do this herself?

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Thanks, will read guide.

 

My daughter has lived in Spain for the past 2 years, she's a new mum and also doesn't have the spare £120.

 

She is using my address as her service address, and as I have already been down the claim route, I am helping her with hers. Telephone calls from Spain can get very expensive, especially when you are so often put on hold. Thank goodness for Skype, I keep her informed and always get her opinion.

 

Also, the delay in sending letters from Spain, especially as so many of them are date-sensitive.

 

I have been following amber ellie's thread, getting lots of advice, as her case is quite similar.

Gracias a la vida - Thanks to life

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Ah, now I've gottit!

 

Phew, looks like I need to do some more homework. Perhaps the fact that Lloyds hasn't received the LBA is a blessing in disguise! Everything happens for a reason.

 

Will amend the new letter accordingly.

Gracias a la vida - Thanks to life

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I thought you might be interested to know what happeded to me as I used the Ombudsman.

 

After barclaycard had only offered a small percentage of what I was requesting I had turned this offer down and decided to use the FO service again like you I didn't have the funds to go to court.

 

I sent my complaint off to the Financial Ombudsman and they acknowledge this on the 6 June 2007 and said it will be passed to an administrator and they will let me know when this happens. I had also sent a letter to barclaycard letting them know I had done this on the 4 June 2007.

 

I was expecting a long drawn out process but yesterday 14 June 2007 I recieved a letter from Barclaycard acknowledging that the FO service had been informed and that they have decided to offer the full amount including interest. Not sure if the FO have contacted Barclaycard or not as it seems to soon. Anyway I very please of the out come.

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I was expecting a long drawn out process but yesterday 14 June 2007 I recieved a letter from Barclaycard acknowledging that the FO service had been informed and that they have decided to offer the full amount including interest. Not sure if the FO have contacted Barclaycard or not as it seems to soon. Anyway I very please of the out come.

Thank you, that is very encouraging news. Well done.

 

There are so many pros and cons on these threads re the FO, and it's good to hear something positive.

 

Thanks for the good wishes vampiress. Will keep posting as things develop.

Gracias a la vida - Thanks to life

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Filled in the complaint form downloaded from the FO site, and sent off on Monday.

 

This morning received acknowledgment from them ...

 

"Thank you for contacting us.

 

I am now passing this complaint to our casework administration area to await allocation to an investigation team ...

 

... One of my colleagues will write to you as soon as possible to keep you informed of how the complaint is progressing. ..."

 

So, the wheels are in motion. I couldn't take the stress of the Courts route, I admire you guys for doing it, good luck to you all. :)

Gracias a la vida - Thanks to life

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That sounds just like the letter I received from the FOS. From the 7th day of receiving that letter I received a letter from Barclaycard offering full payment which I have accepted. I had a telephone call from the FOS to find out if I had received their offer which I had and they said this is one of the quickest reponses they have had, unfortunately I do not know the reason why. Although this is a happy ending I have since received a letter from Barclarycard stating they are going to reduce my credit limit. Thats life!

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Good news that they settled your claim Lizzy40.

 

If the outcome of my daughter's case is as positive, perhaps more people will be encouraged to by-pass the courts.

 

It would be interesting to know on what grounds they refunded your money? i.e. was it a "goodwill gesture"? If so, as Martin Lewis says, why would they limit your credit if they're so full of this "goodwill"? :o

Gracias a la vida - Thanks to life

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The letter didn't say anything about goodwill. Lets hope yours goes through smoothly. We don't need all this added pressure its very stressful, why don't they just refund the money in the first place getting the courts and the FOS involved seems such a waste of everybodies time and money. GOOD LUCK.

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  • 3 weeks later...

Received the usual £750 "take-it-or-leave-it" fob-off letter today.

 

Phoned my daughter in Spain, she told them to stick it. Sent rejection letter. It's already in the hands of the Ombudsman, so don't know why Lloyds even bothered to make the offer.

 

Still rubbing hands in glee, after the Hull victories!! :) Well done to all concerned.

Gracias a la vida - Thanks to life

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flowerofsarum,

 

I'll think you'll find that the £750 will be credited to your daughter bank account.

 

You can take it as an interim and send off one of the partial settlement rejection letters from the template library.

 

Keep us posted with the FOS complaint.

 

MadMaxCTR:cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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She hasn't checked her account yet. But it's nice to know the FO are fighting her corner, received the followed letter from the FO this morning:-

 

"...The bank have told (daughter) that - in it's view - the charges it has made to their account were levied fairly in accordance with its tariff. It does not appear to have made an offer that fully meets what you have asked for. I have therefore written to the bank to invite it to:

  • make an offer which meets (daughter's) claim in full; or
  • provide me with the information I believe I shall need to reach a conclusion on the merits of (daughter's) claim.

"As you may know, in almost all the charges complaints we have considered, banks have made offers to meet the claim ... I will let you know as soon as Lloyds TSB Bank Plc tells me whether it is prepared to settle (daughter's) claim ..."

 

On the whole, I think this is the more stress-free way to go, hopefully with the same outcome as through the courts. Good luck to all who are claiming, life is looking good!

Gracias a la vida - Thanks to life

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Hello again, It will be interesting to see what they say after the FOS send there responce. It is taking a little longer then mine using the FOS but your fingure is higher then what I was asking for. I feel optimistic that you will receive the amount you are requesting but wouldn't it be nice to have some inside information to why some financial companies pay out quicker then others. May be it is the amount in question who knows! And yes using the fOS is less stressful.Good luck and keep us posted...

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Hi,

 

This makes very interesting reading. I originally started looking into claiming sometime ago, but we can rarely afford the court charges. We've just started the procedure again and LBA is in my hand to go today, we have money to go court route this time (claim is £3k+) but it's going to hurt us.

 

How do I go about making a claim through the FO instead? Any links to info gratefuly received.

 

And good luck with your case. :)

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