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Matthew Malone

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Everything posted by Matthew Malone

  1. lol, it's relevant martin honest. Listen to ceberusalert, he knows what he's talking about, I'm going to follow his advice myself. If you offer them £590 and tell them to bugger off, I'd suspect they'll just swallow up the £590 and come back for more. If you issue a CCA request, and they can't provide it, my understanding is that they can't enforce their claim in court - it's as simple as that. You could offer them £0 and they can't do jack about it. This doesn't write the debt off, or make it go away, it simply means they can send all the threatening letters they like, but they can't make you pay. Talk of CCJ's and bailiffs would be all talk and nothing but. Have I got all this right ceberus? lol You mightn't think a CCA request is relevant, but trust us here, it makes your offer so much stronger if they haven't got the agreement. I've thought about making offers before without requesting the CCA, but I'm coming around to the CCA request line myself. They'll realise you're clued up, realise you could walk away without paying a penny, and they'll take your offer seriously. If they have got the agreement, they'll happily provide it and you're no worse off.
  2. As I signed a CCA with the Original Creditor and not a Debt Collection Agency, can the DCA simply use the original permission from the original CCA to search a credit file - or would they have to have their own permission? Just wondering, as I myself have had my file searched in the past, but I've never received either a Notice of Assignment, nor have I received any sort of Fair Processing Notice or anything to sign giving them authority to look at my credit file. Could I pre-empt any further searches (old ones have dropped off) from the DCA by telling the Credit Reference Agencies that these companies have not had my permission to search my file? Hope this isn't hijacking the thread at all, it's all relevant I feel, slap me if you don't think so
  3. So in summary, are we saying that only the Original Creditor could apply for a CCJ, and that FV-1/Global Debt Recovery can't apply for a CCJ because they didn't send the original Default Notice and can't apply for another Default Notice for the same debt? Does this mean Globals threats of a CCJ are completely toothless and that these "you are in default of your agreement" letters (which they seem to send out randomly whether I've paid or not) are not worth the paper they're printed on - and are simply more smoke and mirrors?
  4. Let's see if I've got this right cerberusalert. Are you saying that the fact the default has dropped off the credit file is irrelevant, and that the Original Creditor could apply for a CCJ just by signing an affidavit that a default was sent at some point in the past? If this is true, could it also be true that FV-1/Global could apply for a CCJ in the same way, by signing a false affidavit stating that a Default Notice has been sent? If they did this, could I prove it to be nonsense by supplying details of the original default using old credit files showing the default entered by Lloyds TSB, and it's subsequent dissapearance from my file the following month after the 6 years were up? Or am I overthinking this?
  5. Hi again ceberusalert, This confuses me. I've read that a CCJ can't be applied for until a default notice has been issued - if the default which was in Lloyds TSB's name, was never changed into FV-1/Global Debt Recovery's name, and has since dropped off my credit file - how can FV-1/Global apply for a CCJ if they can't bring the original default back to life or issue a new one? I'm really really lost here lol. The main worry I have is my current clean credit file being decimated again if I send the CCA request, and thus stop payments and Global become arsey about it. Matt (not my real name)
  6. Thanks Ceberus, I'm seriously considering the CCA request route, just making sure I have all my facts straight before I potentially annoy them. So am I right in assuming that with the default long, they stand no chance of applying successfully for a CCJ, or am I missing the point big style here? The reason I ask is because our mortgage is due for renewal soon, and the last thing I need is a CCJ and problems getting a new mortgage, or worse still some sort of charging order placed on the house. Our house is no palace, but we can't afford anything better at the moment, and rent prices are through the roof where we live. Cheers Matt (not my real name)
  7. Hi everyone, I hope everyone doesn't mind me posting two messages in such a short space of time, I'm feeling a little wired at the moment. Global Debt Recovery have an old Lloyds TSB debt of mine (apparently bought by FV-1 some time ago), and from what I can tell they're trying it on with a variety of silly tactics. From what I understand from other posts I've been speed reading non stop, the following is true, can anyone confirm for me? Lloyds TSB should have sent a notice of assignment stating they were selling/assigning the debt to FV-1 Should Lloyds have sent me one of these, and should it have been sent using a "Signed for" mail service? The only thing I ever received was a letter from Global Debt Recovery themselves stating that Lloyds were transferring the debt to FV-1, and that FV-1 had assigned Global to collect. Global were previously collecting for Lloyds. I should have received a notice of fair processing from FV-1 and/or Global I'm not sure on this one, but shouldn't I have received something relating to the Data Protection Act once this debt was sold on? Who the hell are FV-1, I didn't give them permission to access my personal data. FV-1/Global Debt Recovery (or any other DCA) cannot force me to speak to them over the telephone One day I received about 5-6 phone calls plus text messages from Global claiming that I had to speak to them on the phone. I told them I would only speak in writing and put the phone down. Am I correct in thinking I could report them to the OFT for this? FV-1/Global Debt Recovery (or any other DCA) can't force me to send them an Income/Expenditure form They've sent numerous letters claiming I have to fill in the amateurish looking form printed on the back of one of their letters. I've read that only the court can demand this information, and Global shouldn't be asking for it. I wonder if that's why it's printed on the back of a letter? So the evidence (them asking in writing for Income and Expenditure) is conveniently sent back to them. Again can I inform the OFT of this? Without a valid signed Consumer Credit Agreement (CCA), FV-1/Global Debt Recovery can't legally force me to pay this debt unless I choose to voluntarily? I haven't got around to sending a CCA request (to be honest the thought of annoying them scares the life out of me), but I suspect they don't have one. Interest can only be added at the rate on the original CCA Is this correct? Global Debt Recovery have claimed they can add interest at any point if I refuse to ring them to make an increased offer. So far they've never added interest, and it does add fuel to my suspicians that they don't actually have the original CCA. A CCJ can only be applied for once a default has been issued The original default on my credit file was never updated from Lloyds TSB's name into FV-1/Globals name. The dates were never updated and after 6 years it dropped off my credit file. If the default has dropped off - can a CCJ actually be applied for, or have they lost the chance? I've paid something towards this debt throughout the years. From falling ill, to Lloyds refusing my offer of payment, to Global Debt Recovery being assigned to collect for Lloyds, to FV-1 buying the debt. I don't mind paying it, but I really don't want to be forced into compromising my familys moderate standard of living so that some salesman gets his commision. Thanks Matt (not my real name)
  8. Hi everyone, My apologies if any of my posts sound rather naive at all, I'm trying my best to wade through the piles of information on your great forum and am picking up bits and pieces as I go. Currently Global Debt Recovery of New Malden have an old Lloyds TSB debt of mine. They have been collecting payments for some time, but only recently have they became somewhat nasty about it. Looking through the posts on here, I see Global Debt Recovery are no strangers to the users of the forum, so perhaps you can offer me some advice. My original Lloyds TSB debt was defaulted on some years ago. A default was placed on my credit file. At some point in the past few years FV-1 bought this debt. The default on my credit file was never transferred to FV-1 or Global, nor were any dates updated. Six years from the date of default it dropped off my credit file. I've read elsewhere on here, that only one default can be issued for a debt, and once that default has dropped off a credit file, a second default can't be issued for the same debt and the original default can't be resurrected - is this true? Have Fv-1/Global dropped the ball big time here? Onto my next question - Global Debt Recovery have started to threaten me with a CCJ if I don't speak to them on the phone and make increased payments. I have read somewhere on the forum, that a CCJ can't be issued without a default notice. If the original default has came and gone from my credit file - and they can't add another default - does this mean they've cocked up and lost the ability to issue a CCJ? I'll not count my chickens yet. I don't mind paying the debt back, I've never disputed it, but I don't want to be forced into paying much more than myself and my family can afford at this time. I also begrudge being spoken down to and shouted at on the phone for simply trying my best to sort this out. Cheers Matt (not my real name)
  9. Hi everyone, Has anyone here any experience of sending a CCA request to Global Debt Recovery? I've been paying them for years for an old defaulted Lloyds TSB debt, but they've recently started being quite nasty about it all. They're trying to bully me into paying more than I can afford. The last time they rang me I told them I would now only speak in writing and put the phone down. They've now written to me insisting I have to speak to them on the phone or they're going to get "GM Law Solicitors" to take me to court. GM Law are curiously located at the same address as Global Debt Recovery. Global claim that they're no longer claiming on behalf of Lloyds TSB, but that the debt has since been sold to a company called "FV-1". I wonder if this has anything to do with the recent nastiness? The guy on the phone tried to tell me that if I didn't make a verbal offer over the phone there and then, that they'd unfreeze the interest and that the debt would soon become uncontrollable. I'm worried sick. Quite frankly I'm sick of being nice to these people. I've read about CCA requests in the past, and now I'm seriously considering issuing one to them. I'm unhappy at having to give out yet more personal details to a company who seems happy to threaten and abuse people down the phone. What I'd like to know, has anyone any experience of issuing a CCA to Global? I've heard recently that the courts have said that banks can now send non signed copy agreements as long as they contain the original terms and conditions. Is this true? If it is true then how would this likely affect things given Global are not a bank? Can they actually unfreeze the interest on this debt? Matt (not my real name)
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