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omissimo

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  1. I wrote to them multiple times (recorded delivery) to inform them of the incorrect address. Including the month prior them defaulting me. I have received SAR info from them. You mentioned proof they knew the correct address, what constitutes proof in the SAR? All my address history is listed but with the incorrect one as current. There is no other information regarding this.
  2. It was July last year. I could've paid it off in full and still can.
  3. They had the correct address for years and I didn't ask them to change it. Everything is registered there, what kind of proof would I need?
  4. How can it be immaterial? You can't just make up an address and then send all communication there. If I'd received letters I would've been in a position to do something about it. If that's the case I must've sent a cheque for payment to the wrong address.
  5. Ok thanks. Any advice re the wrong address & cahoot default?
  6. Ok it seems that I have confused matters by asking about two separate things in this thread. Cahoot is a current account with OD, they have the wrong address for me which I didn't give them and is not mine. The account went into unauthorised OD because of an interest charge and then they spun it up with other charges and have now put me into default. I sent CCA letters but it appears that was the wrong letter to send. I've found another one relating to current accounts. The question is - with them serving the default to an incorrect address what can I do about it? The loan was a few years ago. I got a CCJ for it. I didn't check the enforceability at the time. The address was correct although I was working away from home at the time, hence missing the letters. It sounds like there isn't much that can be done about it now. The question is - if I find that the loan was unenforceable would that at least give me a position to negotiate a settlement?
  7. The CCJ and the default are 2 separate accounts with different organisations. The address Cahoot have served the default to is not and has never been my address. How and why they have this address is a mystery.
  8. Thanks for your help. Any advice on the default with it being an incorrect address?
  9. Hi, If anyone can offer some help or advise on the situation below I'd greatly appreciate it. I have been given a default by Cahoot (santander) for an overdraft on my current account. The account went over the limit (£1,000) because of a small interest charge and then they stacked in up with loads of charges so I ‘owe’ £1,250. I’ve had the account and overdraft since around 2000 when they launched. I’ve sent a CCA letter over a month ago and still had no response. I’ve sent a follow up letter today. I checked my credit report on Noddle and the address they have listed is not mine and I have never provided this to them. I’m assuming all correspondence relating to the default has been sent to this address so I haven’t received any of it. They have never contacted me by phone or email even though they have the correct details. I also have a CCJ from 2011 for a loan. It was for an educational course, I was made unemployed and couldn’t make the payments. I didn't get the letters in time, they were going to my mum's address. she'd just gone through a nasty and lengthy divorce and went away for a while. As soon as I got them I contacted to arrange payments but they'd just posted the claim. Missed it by 1 day, gutted! Anyway, can I use the CCA to check the loans enforceability (I didn’t do this previously), if it turns out to be unenforceable can I get the CCJ removed? Or anything else I can do? Thanks.
  10. Hi all, I have a loan that came from a charity that supports people starting in business. The business didn't take off and the debt is in my personal name so I am personally responsible for the payments. I was making repayments of £150 a month but found them difficult to meet. I contacted the charity and they agreed to lower the payments and I have been paying £20 a month for the last 2 years. When I first contacted to lower repayments they didn't ask for any information around income/expenditure they just agreed to lower it. Now two years later they have told me that I need to increase payments or provide financial information such as bank statements, bills and credit agreements. If I don't provide the information they will increase the payments and if I don't meet those payments they will default me. "Failure to return the completed form, with the necessary documentation, will result in a default being lodged with the credit reference agencies unless payments are increased to the contractual rate of £141.33 per month." I can carry on making the lower payment but I can't afford to pay the higher amount. I also don't think it's right that they can suddenly ask for this information out of the blue and threaten me with a CCJ when they have never needed it in 2 years before - surely if they needed that they should ask at the first request for lower repayments?!! Any advice would be greatly appreciated.
  11. Hi Guys, I started reclaiming back in 2007 and managed to win a couple of cases and I got a couple stayed. I've kind of taken my finger off the pulse through 2009 and now I'm trying to get my self back up to speed and figure out what I can do. There's a couple of things I'm trying to figure out. 1. Unenforceable Agreement. I have managed to find the original carbon copies of my loan agreement and the original printed copy they posted to me when I took out the loan, neither of which are signed by them. When I received my DSAR the copies they provided then are signed, do you think this might be an unenforceable case? 2. Statue Bared. In a few months time it will be 6 years from the date of the last payment. In one of the posts I read about the debt being written off, is this automatic, how does it work? On the DSAR info I have it states that the debt is written off by the finance company before selling it to a DCA. 3. Defaults. I've got continuous defaults being marked on my credit file even though the debt is in legal dispute. Also both the finance company and 2 collection agencies have marked defaults in relation to the same debt, is that allowed? I had to fight with the agencies to get them to send the debt back because it was in dispute. 4. Mis-selling loans. Can a loan be mis-sold? When I signed up for the loan I was a full time student. The salesman from the retail store quietly told me to just say I was full time employed to get the loan, can I use this as an argument? Anyway I'd really appreciate any guidance or support with this, I really just want to get it cleared up now. If anyone else would like more details I'd be happy to send a PM, don't really want to post too much up here incase banks are sniffing about! Thanks
  12. Hi, A previous employer owes me money for my expenses, they have been promising it would be paid for the last six months and then now they are refusing to pay. I want to make a claim against them through the court can anyone help me out with the particulars of the claim or with any general advice? Thanks
  13. Hi, I could really do with some help on this one. I have claim against Cahoot for charges on my credit card, the claim was proceeding through the small claims court but has now been moved to the fast track. They also want a fee of £600!! I'm really not sure what's going on, if anyone has any experience in this area I'd really appreciate your help.
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