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liamuk

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  1. liamuk

    Egg and Capquest

    not moved in 13 years, and I do remember Capquest wrote to me right at the beginning. Mind you they emailed me rather than post I would assume as the post has been none reliable due to Covid. Intrigued what charges are on there - but going to leave alone and just send DB letter to put to rest.
  2. liamuk

    Egg and Capquest

    So out of the blue I have received a letter saying I owe them £14,514.23 with reference to my old Egg loan and credit card. I had a loan taken out late 1999 for £3k and a credit card at the same time with a limit I think of £1500. I did default 2001 with Egg, and I remember Capquest chasing me. How the hell they say I owe the above though.... I know for sure no payments made since around 2007/8, and I can't remember even when this was on my credit file. So I sent them the statue barred go away letter? I wish this time last year I had also chased them for PPI as there must have been some on the card and loan....
  3. Not moved at all so the same address. interestingly they (Bamboo) had not registered a default - only as missed payments before selling to Lantern. They have said its there final response so I have sent to FOS this morning.
  4. Have a loan with Bamboo - defaulted after 6 payments and the debt sold to Lantern. No court action or anything - just letters etc. fired off a IRL to them and had a reply... RESPONSE Following a thorough investigation, we have identified that there are sufficient grounds to support the claims that you have made, and so we agree to uphold your complaint. We will therefore agree to remove the interest and charges from the agreement and accept just the loan advance of £3,000.00 as the total amount repayable under the agreement. To date, payments of £876.55 have been received against your loan and so there is still a remaining balance to pay of £2,123.45. We feel that this is a fair and reasonable resolution on the basis that you have had the benefit of the money that we lent you. (This is fair enough, but did think they would have given interest on the amount paid and then deducted from the balance - another creditor did this) As you have not yet repaid the amount that you originally borrowed, there is no refund due to you. (Fair enough) As you will be aware, your loan was previously sold to Lantern Debt Recovery Services Ltd due to the arrears that had accrued on your account. We will advise Lantern of our decision to remove the interest from your loan and we would urge you to contact them on 0113 887 6876 at your earliest convenience so that they can work with you to agree a sustainably affordable payment moving forward. (I would have expected Bamboo to take back the debt from Lantern) Unfortunately, we are unable to amend any information with the credit reference agencies as under the principles of reciprocity we have a duty to record accurate and factual information. However, once the remaining balance on your account has been cleared, we will retrospectively remove our entry from your credit report. (I asked that I be put back into the position had I not taken out the loan - also will Lantern remove there info on my credit file?) We hope that you are fully satisfied with the outcome achieved. However, you have the right to refer your complaint to the Financial Ombudsman Service free of charge, but you must do so within six months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. For further details about the Financial Ombudsman Service please visit their website at www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm. Should you wish us to send you a leaflet with more detail about the service they offer, we would be happy to send you one in the post at your request. We also enclose a copy of our Complaints procedure. If we have not heard from you within 8 weeks of the date of this letter, we will close our file accordingly. Now a previous creditor I complained about regarding IRL, they.. Payments made £xxx 8% simple interest on the payments made £xxx Deducted from CAPITAL LENT £XXX Left a balance to be re-paid £xxxx Then they said when the balance was paid they would remove all entry's from my credit file (I paid and they removed). They said this was in line what the FOS would have said which I agreed with. Bamboo seem to see things slightly different? what do you guys think?
  5. Mortimer Clarke have now said to me, with reference to my letter sent they have sent to their client and are awaiting a response (cabot).
  6. Well anyway i will send to FOS now....no doubt that will tske 6 months.... I will need to also see if i can get a copy of my credit report from when the loan was taken to dismiss their theory of no defults or payday losns.
  7. Yes true they have bought the debt from LL. So were they waiting for LL before moving with their court and lifting the stay..
  8. I never received a reply from my email to Mortimer Clarke on behalf of Cabot. However, the original creditor have swiftly replied rejecting my IRL, so the next stage is the FOS. I have to say they have said my credit file showed nothing to alert them to payday loans etc. I would like to see a copy of that. I assume Mortimer / Cabot will now spring into action now 'their' client has dismissed my IRL - even though I can send now to the FOS? Any thoughts?
  9. Just thought I would update this. Whilst Provident as expected eventually rejected the complaint, this has now been passed to the FOS. My friend has now received a letter confirming its going to be looked at.
  10. to update you i had sent a letter back to say the account was in dispute with the original creditor and IRL. I have not heard back to date. They had given me a month to respond before they proceed further with court action and paying the relevant fee to proceed. My thoughts to settle were, in line with the FOS if I were successful it would be; Payments made + Statutory interest 8% - Capital lent = £ balance outstanding Also to remove all details of this loan including defaults on my credit files. To be honest, with another creditor I disputed on IRL, they came back and agreed and I had a small sum to pay back based on what the FOS would have ruled on the above. Important question as well, the original creditor has performed a 'hard' search on my credit file - whilst I know they can look at my file at anytime I didn't think they could perform hard searches unless I was applying for products? I had queried and they said tough we can do... Can I ask what your thoughts were on the previous posts and documentation they have sent me ?
  11. I have uploaded documents received. £2,941.40 is the debt. I chased Likely Loans up 2 weeks ago regarding the IRL and then this week received the attached - so was suspicious thinking I had woken them up. LL CC.pdf
  12. The letter is quite open - for example they attach a schedule of money owed, and include a cost of £22 for 'default judgement'. Yet when I check MCOL it only mentions defence received and no mention of default judgement. They also say 'If repayment arrangements are agreed the County Court action will remain on hold and we will not ask the Court to proceed whilst the arrangement is being adhered to' and I may need to sign a Tomlin agreement. Am I correct in thinking it is a begging letter and then they are discounting by 20% to try and resolve before they pay the fee to lift the 'stayed'? Attached documents all look correct. Wondering how to play this now, as I think if I ignore they will then pay and lift the stay and await the judges directions including mediation? So, do I write back to them and say no thanks, and I am awaiting the response also about my IRL I had submitted with Likely Loans?
  13. Hello guy's - looking for some assistance.. Took out a loan out with these guys in 2016, paid what I could and then stopped paying. Asked for help, and couldn't catch up. Last year Cabot and Mortimer Clarke came after me and issued a county court - I replied with a defence (October) and hadn't heard back - I checked MCOL and it just said defence received and that's where its at. I had requested the usual documents and never heard back. I assume that the Court had stayed after reading up, and I thought if they come back to me they would have to pay a fee to the court to recommence the claim as it had been 6 months since the defence date? Meanwhile I had this year complained to Likely Loans for irresponsible lending (still ongoing as not heard back as yet and within time before it goes to FOS). This week Mortimer have come back with agreements etc as they have now located and given me 28 days to respond to a Tomlin offer of 20% discount and if I don't respond or accept will instruct the court to recommence court action for judgement. Maybe as I had gone after them for IRL this has woken them up. There is, at the time of taking the loan, a trail of payday loans and defaults on my file so feel the IRL is justified. Now, the court / judge hadn't given directions after I submitted my defence so think I have time on my side. Any advise please?
  14. All payments were upto date and loans all paid off so thats one good thing. Loans were back to 2008 - not 2011 as I thought. I underatand that the actual loans paid out arent included...payment back will be the interest paid plus 8% interest? So we are going to try and workout from paperwork over the weekend. What I do know loans varied between £500 and £2500. Also weekly repayments were around £100 a week for around 6/7 years so thats 5k a year.
  15. Thanks DX. Just thought I would update the thread. After all this time, and out of the blue the FOS adjudicator have sent a letter with there decision and written to Provident to confirm their findings, and upheld the claim on unaffordability. they have said 35 of the loans were unaffordable and should not have been issued. They have told Provident to refund payments and 8% interest from 2011 on these. They have given Provident 2 weeks to either accept or come back with any evidence against their ruling and forward to the ombudsman if needed. This is the first we heard after the complaint was made, and no bank statements were asked for. I have no idea how much the 35 loans were for, but estimate around £20,000. And given that Provident interest rates are normally the same again - its a lot of money. Has anyone else got to this stage and had the claim accepted or rejected by Provident?
  16. Back again... Provident, came back as expected and rejected his complaint and said if your not happy you can complain to FOS.... Eventually he received this week all his statements. I have looked back over the last 6 years only (I assume looking around thats all he can complain about)? In the last 6 years he has had 23 loans, 4 are still active - in arrears - and the other 19 had all been settled early to take a new loan and it looks as though the amounts of the new loans are higher each time. He had 42 loans actually over the last 10 years. Whilst i can see people have complained to the FOS - i can't see any template letters I can amend and use?
  17. Hello, i have been helping a friend out who has Provident loans. He has had for years, so I gather. He has always worked but over the last year in particular is drowning with the debt, whilst paying what he can. Like a idiot last summer he even took 2 loans out with Satsuma to get through - and since defaulted on these. Provident hasn't been defaulted to date. I wrote off to Provident for him and complained about irresponsible lending as he's sure loans were paid off by taking new loans in most cases. After a couple of days a letter came back dismissing he's claim and saying since 2006 he had 42 loans although they say since 20 were looked at and as most were over 3 years there's nothing to investigate.They also said they would send a full SAR. I can't find a lot online regarding Provident irresponsible lending and wondering if its worth now complaining to the Ombudsman.
  18. Cheers folks - just out of interest I went onto Noodle today. There was 2 amounts for this debt - 1 for amount in claim and a lower amount by £4k...also account opening date was 2005 (origanly i am sure it said 2007). they must have amended since I looked last year. The end.
  19. Well the hearing was early next week. Maybe the solicitors were trying to get the witness statement together and had nothing. I would like to thank all you guy's and of course Andy - I wouldn't have got through on my own! Hopefully that's it with them...
  20. STOP! Just come home and opened the post and a letter from Bryan Carter... NOTICE OF DISCONTINUANCE of the case.. Am I reading correctly? is that mean its over - or are they still going to come back after me? After 18 months...I know I'm being cynical but this time last year I thought it was struck out guy's due to non compliance with the court directions...
  21. The hearing fee was paid in March according to the letter and copy email I was sent from the court, when I queried why the case had been restarted.
  22. Yes of course I have to remember my facts. Thanks Andy I will see if I hear anything this week.
  23. Ok guy's, starting to prepare for the hearing as its just over a week away and been reading through other similar cases. Just to make sure I am prepared as never had to go in-front of a district judge before so a bit nervous.. * still had no answers from the court or witness statement from Bryan carter Don't know if there witness statement is going to arrive late in the next few days.... When I go to the court, I will make notes prior to the hearing, but in essence I assume I am making reference to my initial defence and witness statement? My thoughts are, and the basis of my defence would be - whilst I admit a debt is there, I am unable to settle because the claimant will not furnish me with details and breakdowns of the debt. The claimant had sent me a offer of a tomlin order, but I can not agree due to the above. I do not want a ccj under any circumstances but the claimant is making it very difficult to resolve.
  24. Ok guys - nothing received back from the court since my last letter, I called the county court who said I should make it known to the judge on the day of the hearing. Feel as though its all geared up to the claimant to be honest. I've waited as long as I can for the claimants bundles - but heard nothing and my witness statement has to go in the post tomorrow. I have to double check dates etc as dug around over the last few days at other posts - but have I prepared correctly below? In the county court of XXXXXX Claim No. xxxxxxxx BETWEEN: Lowell Portfolio I LTD Claimant - and – Defendant Mr xxxx xxxxxxx _______________________ WITNESS STATEMENT OF xxxxx xxxxxxx _______________________ I XXXX XXX being the Defendant in this case will state as follows; 1. I make this Witness Statement in support of my defence in the claim. 2. This claim is for a running credit agreement regulated under the consumer credit Act 1974. I believe the account was opened in 2007, however I do not recall signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement. The original account was opened with a company called additions direct I believe. 3. Between 2007 and 2011 I ordered goods to be delivered to me on an account basis and made monthly payments towards the account. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at. 4. On 30th March 2014 I made a written request to the Claimants for a true copy of the credit agreement under s.77(1) of the Consumer Credit Act 1974. I enclosed payment of £1. (EXHIBIT A). 5. Consumer Credit Act s.78(1) states Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a)the state of the account, and (b)the amount, if any currently payable under the agreement by the debtor to the creditor, and ©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. 6. The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce the agreement. 7. Consumer Credit Act s.78(6) states; (6)If the creditor under an agreement fails to comply with subsection (1)— (a)he is not entitled, while the default continues, to enforce the agreement; 8. On 30th March 2014 , in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case (EXHIBIT B). 10. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time. 11. The defendant attempted mediation in August 2014, but was unable too due too the claimant admitting no documentation was available to help in mediation. 12. Judges initial directions to strike out after 3 months without notice from the date of order. Emails sent and call made to court and confirmed on telephone with court. (EXHIBIT C EMAILS SENT) 13. On the 17th March 2015 I received a letter from the court to inform me of a hearing date on 19th November 2015,The court did not send a copy of the application or the Witness statement in support. and upon querying with the court was sent a copy of a email from the claimant who had paid a fee to proceed.I had not received any initial notification from the claimant or form N244....nor their Witness statement that this application relies on. 14. To-date no correspondence or documentation has been received from the claimant. I, XXXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: ________________________ Dated: ________________________
  25. Well there's still no update's and the hearing date is November 16th... The court had said when I queried the above they would come back to me and I have not heard a thing from the claimants. Should I have chased BC up for information - even though this was also requested and acknowledged when the court claim arrived?
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