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Everything posted by fletch70
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Lowell Claim form - Provi Doorstep Loan online signup.
fletch70 replied to baycloves's topic in Financial Legal Issues
I think they said they were going after costs because of the non existent defence but of course they would say that wouldn't they. I suppose they will have to do something about the 'typo' on the DN -
Lowell Claim form - Provi Doorstep Loan online signup.
fletch70 replied to baycloves's topic in Financial Legal Issues
Have things changed that much? I thought Lowell were based in Leeds and not Jersey Also it seems they are only actually claiming arrears and my understanding is that if that is the case they do not need a DN (Woodchester v Swain). That bit comes from a consumer credit blog so I can't say for sure. -
I have just read the last few posts so forgive me if I have it wrong When Lowell took me to court they could not provide any evidence a S87 DN was sent and tried to get away with a proforma DN with gaps for my name , amount etc. The SAR from the creditor also showed while a notice of default was sent, no details of a DN so the judge was having nothing to do with it. With regards to your mobile phone contract, I haven't read back who it was with but some split the contract so you have a regulated agreement to buy the handset and the non regulated agreement for airtime. Apart from that sorry I can't help you more
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I hope your solicitor visit went well. I am sure you could say a lot to my reply; maybe if you reread what I said I was trying to offer a pragmatic solution. I also noticed your reply appeared within 5 minutes of my post. Clearly that wouldn't be the solution you wanted but it provided an avenue to escape and find alternative accommodation. The landlord would need a court order to get you evicted - if you need to get LA accommodation you have to be seen not to have made yourself intentionally homeless i.e. Not moving out until the bailiffs turn up- it is the crazy world we live in . It could probably take 2 months or longer from the expiration of a S21 to get you to leave and that is assuming the S21 was served correctly As an aside, you accused someone of being sexist in their reply , you do not know what their identity and we don't know yours. This is the internet and you may be surprised the number of men who use female pronouns and vice versa, its a way of remaining anonymous. I have known two people called Fletch in my life, one a young boy, the other a woman so... Good luck anyway
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I will probably get shot down here but here goes You received the S21, I am assuming the end date is is sometime mod July . After that the landlord would need to seek possession and that can take weeks especially at the moment. During that time you 'should' be paying rent Why not start looking now for somewhere to live from the date you need to move out, you will have had 6 months of not finding monthly rental payments so hopefully you will have some savings towards rent. If when you move out you owe rent, well they can take action to recover it but you could counter claim. I am assuming you have receipts for the work you paid for? Do you have copies of emails and letters sent to the agents or landlord? The courts often do not look kindly on covert recordings such as telephone calls so you may be out of luck there. Just one more point, just because a mortgage company say something does not mean it is true. Up until a few years ago , debt collectors used to say this and that would happen if you didn't pay- hell and damnation , now they say may. Even then they need a court to agree with them and that often doesn't happen.
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A SAR should or at least can cover a request for all personal data held by the company . It can, if you ask them include logs of phone calls and notes on what letters were sent when. When I SARd Capital One a couple of years ago it showed the debt had been sold but not who to, the date did not match up with the Notice of assignment leaving a gap. Then the notes about the DN just said a notice of default had been sent , nothing else . We won in court because I knew no DN had been sent. I also kept all my paperwork. Never admit to anything unless you have to. But to agree with Andy, no signature is needed. If the agreement had been varied you would need the new terms and conditions. I had one loan where the agreement said default charges of £25 but the statements showed £12. That is now SB
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I like to blame Maggie for just about anything but I don't think it is all her fault- yes I know she sold off BT but still. If you look there are still quite a few developed countries with worse internet access Fallenjo I do think you have been rather rude to Dx100uk- they are here all day everyday and provide pages of sound advice- they may fall of their seat hearing me say that but hey ho Maybe you can ask the mods to change the title as it clearly is your fault- you spent the money albeit under the influence but if they can not enforce it why pay . It is not debt avoidance as you didn't set out to get the money , it is using the law to protect yourself.
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Personally and for many reasons I would not yet send the SB letter. I say this based on the fact many people seem to find they have sent some sort of payment or acknowledgement after the default date thus resetting the limitations clock. I would wait and see if you get more letters and then react if you do. I have to say, not one of my debts has come back to haunt me after they became SB and there were rather a lot
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Can a claimant reject a court granted varied payment
fletch70 replied to nativestranger's topic in General Legal Issues
My mistake , I do think the OP needs some legal advice because leaseholds can be funny things with forfeiture clauses. Are you managing to pay the service charges now? How much does this include for the maintenance fund? Is there any chance of the leaseholders forcing a sale of the freehold, that way any money in the maintenance fund would have to come with it. I appreciate not all freeholders can be forced to sell but many can. -
Can a claimant reject a court granted varied payment
fletch70 replied to nativestranger's topic in General Legal Issues
£170,000 that is one hell of a fund and you would never pay it off at 1000 a year. How did it get do high? -
Sorry Bankfodder I don't know all the details but i am aware there is a lot of denial in France just as there is in many other countries, we could look at Poland as a prime example. We could of course look at the UK; were we ever taught about our complicity in the slave trade ( I was taught about abolition). Are we taught about how we butchered people in Ireland- I certainly wasn't . I wasn't taught about Peterloo, neither was I taught about the mass murder in Ukraine on the same level as the Holocaust. Do you spend much time in the UK ? There are huge levels of general xenophobia but more importantly Islamophobia. For the first time since the 1980's the level of people thinking it is acceptable to be gay and out has fallen. All these things mean that we need to fight against it and not make causal comments that feed into it. Brexit has only made it worse; it has given people an excuse to express their bigoted mindset. Here in Coventry, Chinese students are being attacked by idiots who have no idea just how much money they bring to the local economy. So I think yes, we all have skeletons in our cupboards and as a responsible people we need to do what we can to inspire a cosmopolitan and inspiring country
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You say you meet all the lending criteria, how do you know? Different companies have different criteria and that can change day by day. It could also be that someone entered something incorrectly. I recently applied for an M&S credit card which was reffered because I missed a 0 off my salary - it could easily just have been declined but wasn't.
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Article 50 Discussion
fletch70 replied to Consumer dude's topic in The Bear Garden – for off-topic chat
My view on this, and it is decidedly un PC, is this- and non of this is based on personal preference (George Clooney as Dr Ross maybe) or River Song - there's a woman with style. Voters are shallow and will vote for the more attractive option - Look at Blair - boyish good looks- at least in 1997 David Cameron/Nick Clegg very much the same Erm May v Corbyn I can't explain and the same goes for BJ v Corbyn although to the stupid I can see that BJ as some sort of buffoonish charm. So if it comes to it, we have to have Kier Starmer - some looks and lots of charm -
Personally I have always sent the CCA Request to whomever was chasing me because they do have a duty to pass it on to the creditor, however in this case maybe sending it straight to TSB would be good. make sure you keep copies of everything
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Question, regarding cause of action on a statute bar!
fletch70 replied to jandia's topic in General Debt Issues
While I think Doyle will be used by many a DCA particularly if they are against a LiP, it really does depend on each case. For example, my old Capital One card gave a very specific process which outlined what would happen prior to a DN being issued and pretty much when it would be issued. As it happened they didn't issue a DN and Lowell lost in court. Peoples opinions change rapidly on forums and I can't remember who said what about BMW v Hart although my view was always, to be on the safe side , the initial COA was the remedy date for a DN. Don't get me wrong, I would have tried six years from the date of the first missed payment if I had to but luckily I never did. I think it is always very easy to play fast and loose with other people's claims , after all, the only thing that we will suffer if they lose, is our pride. If someone wants to defend a claim and they honestly have a case, all we can do is advise. I also would, if possible take more than just limitations into court - you only need one thing to be on your side and you win- it is up to the DCA to prove they have all their ducks in a row. There is a lot more to enforceability than just the agreement. -
Moorcroft always say that and yes you can argue you sent a valid CCA Request with the fee (their policies are not the law), if it were me I would resend with a signature that was slightly altered and keep a photocopy of it. That is just my opinion
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This is exactly what they are designed to do. Try to look at every letter anew and react accordingly. Easier said than done sometimes - I have in the past sent some very unwise replies telling people to F off. Not my finest hour so I do get the stress it can cause.
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Debt Help Required Please - Scotland
fletch70 replied to dellnasnoods's topic in Debt management and Debt self-help
Amex didn’t sell my debt on even though I wasn’t paying. RBS sold both my Mint and NatWest cards on after not paying for 5 years. Both had good S78 requests but dodgy default notices. I had not assets or mortgage - well not by the time they sold it -
Andy I won’t link to what was posted on another forum but the solicitor concerned posted. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.
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RBS are usually slow at selling debts on but hang in there- they did eventually sell mine on and cabot couldn't produce the goods As for CCA requests and O/Ds there was an appeal case where it was accepted a S78 request was needed for OD. It was MFS Portfolio v Phelan & West Is the Amex a nectar card? I had one from way back when and in response to a CCA Request they produced some data with AMEX Canada Intranet at the bottom of the page- it certainly wan't compliant, another £3.5 K gone Statute barred
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Sorry my mistake for not making it clear. The PPI was on the credit card They refused to discuss the loan unless I had probate Although estranged for some years we were still married