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freedom_28

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  1. She knows she didn't have PPI on it but what charges could be reclaimed? I thought you could only go back 6 years (from google searching) and she's not paid anything on it for 5 years 6 months. There has been no interest or other charges added since the card was terminated/defaulted as she has the last statement (only) and the amount matches the printout she has been sent from Mortimer Clarke - although the printout from MC uses the $ symbol and not £ !! How far back could we ask for statements from if we were to look at reclaiming charges? Whilst I am loathe to, we could help her out if they'd accept a low F&F settlement as part of me says if they wanted to issue court proceedings against her they would have done so by now. But not sure what value to start at with F&F.
  2. Sorry for being a little dense but could you possibly explain what that would achieve please? And does an SAR request mean that she would be admitting the debt (and, therefore, restarting the statute barred clock)? What would we be looking for with an SAR request? And should that be sent to Egg, BC, Marlin or Mortimer Clarke? She has already been sent a reconstituted CCA (which someone has indicated satisfies the S78 CCA request), although there are no signatures due to it being an online application (they say).
  3. Thank you. No, she has never owned any property her entire life - always been council accommodation.
  4. In the seemingly never-ending paperwork trail of my mother in law's financial nightmare, Mortimer Clarke (initially via Marlin some 18 months ago) are now chasing her for a CC debt (originally Egg, then BC). No one had chased her for this debt in around 4 years so she'd just let it lie. We asked for CCA which was provided with missing terms. Wrote back and told them unenforceable with no details as to why. Today she has received a new reconstituted CCA, which has all prescribed terms from what I can tell at a quick glance. They have also sent a couple of statements but the balances are showing in US dollars and not sterling!? They have also sent an I&E form and requested it be completed so that her financial situation can be assessed. The CC account was taken out online in August 2002 and they are saying there are no signature documents available as it was taken out online. Statute Barred date is 11/2014 from what I can follow of the paperwork. Previous letter mentioned veiled threats of legal proceedings etc. Is a signed document required to enforce this debt? I don't agree with her not paying it back but she has absolutely nothing more than a state pension to live off and can barely make ends meet as it is so would be offering something like £5 a month (debt is £3.5k so she'll never clear it). Thanks for any advice.
  5. Thank you; she's applied for 3 other bank accounts and each one has turned her down because of her credit history so she's stuck with the bank that she had her defaulted credit card with. Her credit file will clear up entirely early 2015.
  6. Does anyone happen to know if banks can still access current account funds to set off a statute barred debt? No contact for well over 6 years regarding repaying the debt (to be honest, mother in law would stand no chance of paying it off anyway on nothing more than basic state pension so it maybe was written off)? No funds have ever been taken from her current account to offset so have the bank set a precedent by failing to take a single penny for over 6+ years? Or could they literally come back to her at any time and remove funds from her account? Thank you.
  7. Sorry again, SD? What would that mean? New rules?
  8. Many thanks. Sorry, rather new to all this. How does which DCA it is make a difference? This is now the 8th DCA that it is with that we can trace from her paperwork. All the letters pretty much say the same - some are kind enough to use red ink!
  9. Many thanks for your response. Is it safe to assume that they don't hold the correct paperwork and, therefore, couldn't achieve a CCJ against her? She already has one (different debt) but it is due to fall off her credit file at the end of 2014 (6 years point). Sorry, what's an SAR and how would that help?
  10. We have been slowly unpicking the sorry state of my mother-in-law's finances which are, to put it bluntly, a mess due to various factors and ill-health. Fortunately, she has retained most of the paperwork/statements in relation to this mess but a new DCA has been chasing her for a CC debt to Lloyds of which we can find no paperwork and she has no recollection. This is now the 8th DCA to write regarding this debt dating back to 2008. She sent a CCA request to the DCA and has received a reply from Lloyds which is nothing more than a list of terms and conditions. The covering letter states this is: "a reconstituted version of your executed statement and a signed statement of account . ... there is no requirement under the CCA to provide you with a copy of the original signed agreement. We are endeavouring to located the copy of the signed agreement but please be assured we would not have opened a credit card account without having sight of a signed agreement. Having satisfied our obligation, the agreement you have with us is fully enforceable and we shall continue to treat it as such. We will not be entering into any further correspondence with you regarding the provision of copy agreements...... The balance of the account was charged off on 04/11/2009....." The address on the top of the statement is her current address where she has only been for a month since leaving hospital so is certainly not the address the agreement (if there was one) was taken out under. What should the next step be please? She has not acknowledged this debt and, indeed, this is the first time she has ever responded. She did have a current account with Lloyds from 1998 to 2002.
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