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eoghan

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Everything posted by eoghan

  1. No update to record. Still no response form the solicitors or claimant. Anyone able to assist in terms of putting the defense together? Thanks.
  2. Ok thanks. 1. I'll do the MCOL tomorrow 2. CCA request was done at the beginning of the process and is in the thread above, do I need to do another? 3. CPR posted tomorrow
  3. They sent a letter some time ago during lockdown 1 stating that if no action on my part then they'd issue a claim. I tore it up. I'll follow the link above thank you. Claimant - LOWELL PORTFOLIO I LT Date of issue – 19 NOV 2020 Date to acknowledge) = 07/12 date to submit defence = 21/12 (33 days in total) - Particulars of Claim What is the claim for – 1)The Claim comprises the following Agreement the Defendant entered into: a. Madison CF UK Ltd with reference xxxxx and current balance of £2485.92 2. The Agreement was terminated as payments were not maintained and subsequently assigned to the Claimant. And the Claimant claims: a) The said sum of £2485.92 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £198.87 c) Costs What is the total value of the claim? 2869.79 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes 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? Loan When did you enter into the original agreement before or after April 2007 ? After 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...) ? Yes 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. Account has been assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? No I do not recall ever receiving a NoA Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Yes Why did you cease payments? Fell into financial hardship What was the date of your last payment? 2017 Was there a dispute with the original creditor that remains unresolved? IRL was raised and they 118118 said no issue on their part. In the main thread. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.
  4. Hi Folks, RW have got in touch again, except his time via my work email. I have no idea how they got the address but they are now hassling me at work. Is there some law that they have contravene d here? Should I send this?
  5. It's a 7 digit code in format AAAAA0A but no term 'hoist' and no still at the same address for the last 12 years and no other debt collectors involved as far as I am aware.
  6. Letter from RW attached. No hoist... 2020-06-27 RW Letter re EX Barclaycard debt.pdf
  7. Barclaycard Apologies. Missed that bit. Had taken the details from a previous letter rather than a new downloaded template. Should I now send the CCA request as per They are stating the debt belongs to them and the previous 'owner' is Barclaycard, which I'm not entirely sure it is if previously AIC were collecting, as I understand it, RW are the new creditor. Is that right?
  8. PS. Just received a voicemail from Cabot chasing this debt. Asking me to contact them etc etc. Still no written comms. Once I receive something, I'll update. In the meantime, if the FOS have come back and rejected my complaint and cabot can produce an 'online' CCA where do I stand?
  9. Hi All, I took out a Barclaycard and was not long after in a serious financial situation, all of my loans and cards became defaulted and were eventually passed over to debt management companies. This debt with Barclaycard was first with AIC who due to my radio silence I'm guessing have now passed it over to Robinson Way (RW). Their letter: We know you might be worried about the Coronavirus (COVID-19) and how your finances may be affected during this rapidly changing time. So we wanted to remind you that we're here to help and there are options available to you for support. Little blurb about how to manage my account online Blurb about change in circumstances and to notify them. Nothing about taking ownership/charge of the account from AIC. I have not started any process with RW and am starting this thread in the hope of some help. Again! Should I send the CCA letter? Thanks.
  10. Apologies, just read the the thing again and it's for the Barclaycard not HSBC. Shall I delete my original post?
  11. Update: This account has now been moved to Robinson Way who are now asking me for money that I don't have. No initial letter to say we are the new account holders, no letter from Cabot to say they had sold it. Any ideas where I now stand? Their letter: We know you might be worried about the Coronavirus (COVID-19) and how your finances may be affected during this rapidly changing time. So we wanted to remind you that we're here to help and there are options available to you for support. Little blurb about how to manage my account online Blurb about change in circumstances and to notify them. Nothing about taking ownership/charge of the account from Cabot. PS. Been given my three months notice so will also be unemployed by the end of Aug. Yay!
  12. Perhaps my misunderstanding, it's a figure of speech, the "place" where debts get sold. Perhaps I'm wrong.
  13. Hi All, Just thought I should update as I have received a letter: So if Shop Direct 'sold' this account to the debt pile and Lowell picked it up, does this mean it goes back to the debt pile or back to Shop Direct?
  14. Hi, I'm hoping to find out what my rights are regarding a purchase of a child's wooden playhouse. On the website of Garden Buildings Direct I bought a Billy Oh Playhouse for my daughter to play in the garden, this was something that she had been saving up for since before Xmas, my wife and I put the final £200 towards a £500 playhouse plus £50 for delivery. The website claimed it would be delivered within 5 -7 working days and despite the early lockdown back in March I was ok with it being a little late. The playhouse finally arrived almost 4 weeks later and I received an email with a kit list attached so that I could check the delivery on arrival. There was no apology for the late delivery. Finally the bits arrived and I checked them off the list and all was ok - at least on face value. I proceeded to move everything into the back garden and lay it out as per the instruction booklet and noticed there was no roof. So I double checked everything and sure enough the roof wasn't on the parts list I was sent. I rang the helpline and eventually the customer services agent was able to also confirm that the roof wasn't on the list - again no apology - she conceded that because it was Good Friday, the delivery of the roof wouldn't arrive until the following Friday, I obviously wasn't happy about this but conceded these are unusual times. I was also to receive an email confirming the delivery of the missing roof. No email arrived. I wrote an email to their info@ which is the only email they have on their site and got no response. I then wrote a rather disparaging feedback report on Trust Pilot and within 24 hours had a CS agent asking me to confirm my order number etc and they would look into it. No reply from them. I was eventually able to finally login into my customer area on the website and lodged a missing item request on their website. After 48 hours received a response confirming that the piece was missing after a bit of back and forth. Received an email yesterday telling me they have now ordered the missing roof from their warehouse and the item will be delivered in due course - no expected date and still no offer of a refund of any sort for the massive inconvenience this has caused. My 5 year old is devastated. So, where do I stand? Can I issue a small claim for a full refund? Or do I just have to suck it up that despite paying an extra £50 for delivery, it was late and substantial parts were not only missing from the delivery but from the actual order? Thanks in advance.
  15. Hi, I have received the response from the Ombudsman, so what next?: Your complaint about HSBC UK Bank Plc I’d like to take the opportunity to thank you for your continued patience whilst I’ve been looking at this complain for you. I’m an investigator here at the Financial Ombudsman service. My role is to consider all the information both parties have sent me and independently investigate the complaint to see if the business has treated you fairly. After carefully reviewing all the evidence available to me, I don't think that HSBC have done anything wrong, therefore I won't be asking them to do anything. I know this may come as a disappointment to you but I'm hoping my email to you will explain my reasons why. My understanding of this complaint You took a credit card with HSBC in November 2016. By the notes it looks like you were requesting to transfer an existing credit card balance with Vanquis to the new card. The main complaint points you've raised are; You don't feel the correct affordability checks were carried out to ensure you could afford the credit because of this you feel you've been treated unfairly. My investigation I've checked the details from the point of application to ensure that HSBC acted with diligent care before considering you for a credit card. I would expect HSBC to carry out an assessment of your circumstances at the time which would mean carrying out a credit search under your name and address which they did. If anything was flagged to show that you had any defaults, large balances with no commitment to pay them off or was applying for credit on a regular basis, then I'm sure the card wouldn't have been accepted. You applied for the credit card online which would suggest that an HSBC sales advisor wasn't involved in the sale of your card. However, someone from HSBC contacted you after the card was approved to ensure that you would be comfortable with the £2000 credit limit. I'm aware that people's circumstances can often change from when the lending was taken out. It would be the responsibility of the customer to contact their lender and explain their financial position if this has changed. In any case, I would expect a lender to deal with their customer sympathetically and positively when they do become aware of any financial difficulties and work together to find suitable solutions which are affordable. You've said that HSBC have been in contact with you to collect the debt owing. I have contacted HSBC about this and they've said if you're not happy about them pursuing you for the debt, you will need to raise this as a separate complaint to them. Next steps I think this is a fair outcome in the circumstances, for the reasons I’ve explained. But if you decide that you don't accept what I’ve said, then please let me know by 17 January 2020. If I can’t resolve things then an ombudsman here can look at everything again and make a final decision. If I don’t hear from you by that date we might not be able to look at your complaint again.
  16. Hi Folks, 118 have finally come back with a response to the Irresponsible Lending Complaint. Here's the transcript: Thank you for taking the time to contact us. I have now investigated your complaint fully and would like to apologise for the inconvenience this may have caused you. I understand that you are unhappy that we approved your loan application; you feel that we were irresponsible in doing so. I can confirm that when you applied for the loan via our website, you were taken through extensive questions to ascertain your circumstances. When submitting the application you are asked a number of different questions around your income and expenditure, the reason for the loan and employment details. Once an application is submitted it is reviewed not only by our system and assessed against our scorecard but also, where required, manually reviewed by our Underwriting team. We use industry standard verification checks to validate the information provided by you on the application. In addition to the above, during the application process all of the loan details such as loan amount, interest charge, monthly repayment, APR and loan terms amongst other things were explained to you. During the application process you were also asked to confirm if you felt the loan was affordable and whether you were aware of any future changes to your circumstances which could affect your ability to afford the loan. In addition, you are also asked whether you are within or considering entering into a Debt Management plan, IVA or Bankruptcy – if you had told us that you do not feel the loan repayments are affordable, there may changes to your circumstances which could impact your ability to afford the loan or you confirm that you are within or considering entering into any of the above, we will not proceed with the application. All of the above steps are taken to try to ensure, in line with the FCA rules in CONC, that potential applicants are creditworthy and can afford the loan they have applied for / have been offered by us. With the above point in mind regarding you being asked if you think the loan is affordable, I am concerned that you now state that you did not think this was the case. I would like to draw your attention to the declaration that you signed as part of their loan agreement which states: “You declare that at the time of Your application: All the information about You and all other information is true and complete and that You realise that We rely on this information in agreeing to make a loan available to You.” In addition, as part of the application form you completed to apply for the loan with us, there is a statement just above the button you clicked on to submit the application which states “If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies…” Similar wording is contained within the loan terms and conditions. 118 118 Money is built on offering a fair and transparent service, and as with any reputable lender, we make sure applicants know exactly how much they will pay, when and over how many months. We work with people with a less than perfect credit history because we understand there are times when they may need a helping hand. What’s more, we don’t expect applicants to rush into accepting the loan we offer – we guarantee to hold the offer for 5 days to allow the applicant time to shop around and consider any offer of a loan from us. Put simply, we cater for individuals in various financial situations: we try to help provided we are satisfied that the individual can afford the loan. With the above in mind I am satisfied that we acted correctly in approving your loan application and as such I will not be upholding your complaint. If you feel that you are struggling to maintain your financial commitments, there are free, third party organisations that can offer additional support/guidance. So what do you think? What happens next?
  17. I'm assuming its to with the letter they sent in the post above where they are attempting to get me to talk to Cabot about entering some sort of repayment plan. If they call again, I'll get my phone out and record the conversation and I'll remind them the case is in litigation.
  18. Hey folks, Just had a Resolve Call fella come to my front door. He asked if I was such and such, I said yes, he then revealed his ID and introduced himself and that he was from Resolve Call and I promptly shut the door. On reflection, should I have handled this differently, in case they come back for another "chat". Thanks.
  19. Hi Folks Just had this letter come through from Resolve Call. Thoughts? ResolveCall_Redacted.pdf
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