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comebackjimmy

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comebackjimmy last won the day on June 17 2019

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  1. That is an excellent link andyorch, much more up to date than my experience. Looks like the OP needs to respond in some way. I am no expert but based on your link I would say an S78 is a good start. I also wonder how an overseas debt can be enforced in a UK Court. Wouldn't the original agreement be subject to the Laws of the Country in which it operated? I am following as I am interested in learning more about this stuff.
  2. Around about fifteen years ago 1st Credit was very busy sending out Statutory Demands. This is potentially serious as you only have a limited time to reply (about eighteen days I think). If you do not respond before that time has elapsed the creditor can then move to make you bankrupt. But..... 1st Credit sent their SD's out second class post with no proof of service. It costs nothing to print out an SD form and send it. However, the Ministry of Justice took a dim view of 1st Credit using Court documents as a debt collection tactic. The reason was that if you are serious about issuing an SD then you would normally be expected to have it served in person. 1st Credit had no intention of paying around £700 per Creditor to start proceedings which, if successful would cost them more in Court fees and result in the Creditors assets being passed to a receiver who would (eventually) share them out at pennies in the pound to ALL creditors. First ask yourself if this is a serious threat. How did it arrive? Was it normal post, recorded delivery, signed for or a personal service? I ignored all the SD's I got from 1st Credit as I had no assets to protect. However, you have a house and it is possible the Creditor has researched you and identified you may have assets. So second, evaluate what the risk is of the Creditor moving to an Application for Bankruptcy. I question who IDR is and if they actually own the debt, and if they do not then are they in a position to actually progress an Application for Bankruptcy. I write the above not because I have any specific ideas of what to do next but to give other CAGers some further food for thought. Having said that I think it important to understand if IDR can start proceedings and if so the SD should be responded to avoid a Court asking the awkward question of why it was not answered when or if the case does come up for a Hearing.
  3. Happened to me twice. If they think you are dodgy for any reason they will report you to the national crime agency and suspend your account and refuse to speak with you until the NCA advise that they are not interested. Either of those accounts, or both would be good.
  4. Suggest you put your savings with someone other than Starling, try ford money or Marcus from goldman sachs or similar on line accounts. There is always the possibility down the line that Starling will freeze your account for some reason, they may not like your new credit record or something else. You will at least have access to your savings for the period of the freeze. Might not hurt to get another current account as well, a few on line out there. I am paranoid now and don't trust any bank.
  5. With regard to the phone it cant hurt to try. My guess is that the creditors will start to use your new number and keep a record on their system of the old number. However, I speculate that when they sell the debt on they may not pass on the historical number, just the new one, but it IS just speculation, cant hurt to try, other wise you will get six to ten automated calls a day, not necessarily a problem if you have the right mental attitude but they will be using automation to call you so why not use your own automation to answer them! by the way on the one occasion I tried this it worked.
  6. As a long standing member here I have loads of experience in not paying these kinds of debts and find the advice here sound. I would totally agree with DX in post 2, keep your van. (I got a VW bay window 1974, she is not going anywhere!). In your situation I would stop paying the unsecured debts, including VERY, stuff the morality and shame. I would also establish a savings account and put as much as you can afford that you would otherwise have paid towards your debts into that account. All of those debts will eventually be sold to debt buyers and maybe one to two years down the road one of those buyers might successfully beat you in Court (though if you follow the advice here then a good chance that wont happen) and if they do then you have a reserve available to pay that debt off before they get it secured on your property. If after six years you have got those debts to the Statutory Barred stage you will have a nice little pile of money to do something with. Given the shear number of debts you have got you might consider buying a car boot mobile phone and a pre pay SIM and advising your creditors of phone number change before you stop paying. Once the onslaught of calls starts your car boot phone can take all the calls whilst it sits on your kitchen window, leaving you in peace!
  7. Going to follow this one, have dealt with Cabot before. 1. Don't throw anything away, file it all in date order including the envelope. Gather any remaining material you have from the original debt, bills, letters etc and also add it to the file. 2. Don't reply to emails, just file them in an email folder on your computer 3. Don't answer the phone to them. If they call from a different number put the phone down and add that number to the list of Cabot numbers on your phone. 4. Don't worry about any contact you have from other Debt Collecting Companies they may pass the debt onto for a chase. They have zero standing. They are good at using their letters and techniques to play phycological games but it is like Tennis, if they hit a ball over the net at you don't hit it back. They will be in for a doodoo game then! 5. DO advise them of any change of address so they don't send Court papers or important correspondence to an old address. 6. DO get back on here if you receive a letter before action. 7. DO (Optional). Might be worth doing a Subject Access Request to Aqua to see what data they hold about you. Would reveal stuff that might be useful later such as default date (helps to calculate the statutory Bar date) and other things. Nothing nasty can happen until AFTER they have successfully won a County Court Claim, which is usually very very hard work for them and mostly impossible if you follow the advice here. I have benefited from loads of advice from here and like to add my own from experience to help others.
  8. I would agree with Nickyboy post 30. Never throw anything away, not even the envelope. Ideally create folders and store it in date order but if nothing else have a big box and throw it in there. If it should be needed then a glass of white wine and a big kitchen table would enable you to find everything again!
  9. Hi ComebackJimmy - when Barclays and Starling did an NCA check on your accounts and froze them - how long did it take before you got your money back? 

     

    Were you asked to close your accounts and did this impact your credit score?

    1. Show previous comments  7 more
    2. comebackjimmy

      comebackjimmy

      Double check the working days as we have had two bank holidays in quick succession.

       

      you can try contacting the NCA but I don't fancy your chances, right now this is routine automated stuff.  If a human gets involved they will have to investigate the data stream etc, bypass their normal processes and they wont like that, probably will also not discuss the matter with you due to Data Protection.

       

      But you should try , see if you get anywhere.

       

      I would also try your MP.  it was parliament that made the law, they should at least be forced to deal with its consequences.

    3. barclaysaretryingtokillme

      barclaysaretryingtokillme

      It has been over 30 calendar days now, still no news. Slowly losing my marbles. Do you think now a human is involved at the NCA? It has been so long and I need access to these funds. 

       

      I have written to my MP, but imagine this will take a while. 

       

      Is there anything I can do to get the money returned to me pretty soon?

       

      Many Thanks,

    4. comebackjimmy

      comebackjimmy

      Barclays took about ten working days over the Christmas period so it went more like 15.

       

      Starling just gave 10 days notice to close.  In fact they refused to accept deposits so my credit card takings were held at the card clearer until I could get a new account.  they turned out to be Bastards.

  10. I am no expert but here are my thoughts. The MC100 form is a Court document that you need to fill in which contains boxes for your income and outgoings. Ultimately it will reveal how much surplus income you have after your bills are paid. In ordinary circumstances it allows the Court to assess how much you can afford weekly to pay towards a fine that is, or is about to be levied. I have never heard of this being asked for by a Court long after the proceedings have ended but I am not a solicitor and neither have I had fines or weekly payments so it might be quite common. My suspicion is that maybe they think you have not been paying or they have lost the records of your payments. If I was you I would download the Form, print it several times. Fill out one in pencil in case you make any mistakes and once you are satisfied you have got it right then fill out the other in Pen. When you get to Court you can hand it in to the clerk of the Court who might just be satisfied and dismiss you from the Hearing if there is one for that day. I would also download your bank statements for the entire period and highlight the payments so that if they think you have not paid then you have immediate evidence to hand that you have in fact paid. I stress my inexperience in this matter, just laying out what my thoughts are and what I would do. Hopefully some other CAGers will come along to add to the thread. Good luck.
  11. If what you say is correct then the debts will have become statute barred in November 2022 or even November 2021 if you live in Scotland. See what others say but I would advise Lowell of your current address so they don't attempt to get a back door CCJ by sending a claim form to your old address. Always best to advise creditors of your correct current whereabouts. They will very likely send you a letter. At that point, or even before that point, advise them it is statute barred. There is a great template letter on this site I have used before. Seems to me you are home clear. They cannot enforce these debts and they probably have dropped off your credit reports (might be worth checking all three Credit Reference Agencies to make sure!). Well done!
  12. Yes, defo a SAR. Also ask for an up to date statement. If he was in an IVA they usually last five years and then he is out of it, though some IVA's will want a final payment of somesort , I am not an expert. Find out what date he started and when it is due to finish. Also. Find out who tge creditors are and write to each of them asking for a copy of the original credit agreement. When they cant produce one there is an opportunity to stop paying the IVA.
  13. OK so I have prepped my response to the LBA to go to Mortiner Clark and produced a CCA request to go to Cabot and they will be posted Monday which is within the thirty days I have to respond. Here is my answers to the standard questionnaire: Name of the Claimant ? Cabot via Mortimer Clark What is the claim for – the reason they have issued the claim? Unpaid Opus Credit Card bought by Cabot from Opus/Newday What is the total value of the claim? £2892.11 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? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card 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 ? On Line 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. The Debt purchaser has sent the LBA, no CC claim pack yet. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 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 ? No, but there is a statment from Cabot as part of the LBA pack which I take to be an annual statement. Why did you cease payments? Ran out of money in November 2021 What was the date of your last payment? Around November 2021 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Asked for a payment pause which was granted on another New Day card I had and still operate. It was not given for this one so I stopped paying. I will update the thread when/if I hear back from Cabot and MC.
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