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malgoode

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  1. OK - thanks. I will take your advice and see what happens. After all, I did pay them, they are the ones that returned the money and I can prove that. Next month the standing order will be automatically paid again so we will see if they return it again. In the meantime I will sit tight and wait to see if they write to me. I refuse to deal with them by phone and have told them that in the past so they may be trying to force me to call them to arrange a higher payment but as the judge told them all those years ago, once they take it to court the courts decision is final and they have no right to any other agreement. I truly appreciate your help. Thanks.
  2. I have found the original judgement. Claimant was HFC and payments were to Wightmans. I did think of making a manual payment to weighman's to see if that got returned too, after all the judgement does state to pay them. If it did go back to court, do you think I would have a chance of having the judgement cancelled and wipe the debt after such a long time? After all, I do believe that a lot of trickery has gone on with this case. Yes, I am sure that I was scammed but at that time I had no knowledge as I do now. I should have defended it not admitted it. A year later, after getting educated on the situation, I had a similar case with Barclaycard which was total fiction other than around £1000. I did fight that and had the whole debt written off including the amount I did owe. Hindsight is fantastic but expensive thing. Getting back to Wightmans, they did at one time write stating that there was a charge on my property and that they would enforce it if I didn't contact them to arrange a new payment schedule. The charge did not exist and still does not (I checked) because the court refused it. Pure trickery. I simply ignored their letter and continued paying £10 a month as instructed by the judgement and nothing happened. But it would be nice if I could have the judgement cancelled after all their trickery and the stress they have caused me over the past 14/15 years. They have had a real lot of money out of me especially with the huge interest and charges they added that I should never have been liable for. Otherwise, I am happy to just pay them £10 a month until I die so long as I don't get forced back into court to pay a higher, not affordable amount. Thanks to all of you giving me advice. court order.pdf
  3. It was a credit card. So long ago I cant remember which card but I think I got it through Saga. Of course, after such a long time it is not on my credit report now even though I am still paying it. My credit report is now a million percent perfect.
  4. I have a county court order made in 2006 to pay £10 a month. I have never missed a payment and always paid by standing order 2 weeks before due date. The debt was for a credit card and the original amount was £11,440.80 including solicitors and court costs. In my naivety I admitted the debt without any proof of how the amount had been calculated. Weightmans solicitors went back to court in about 2007 requesting for a charge on my house and a change of payment amount. I attended court. The Judge denied the charge on the house taking into consideration it was joint owned. The judge asked solicitor what had changed to warrant a payment change. The solicitor said nothing had changed but the original CC agreement was for more. The Judge said that the original agreement was null and void because a court order had been made and if nothing had changed there was no reason to vary the original order. The solicitors costs and court costs were added to my outstanding amount but upon my complaint, removed. I continued with my regular payments by standing order. 2 years ago, january 2019, I received a letter form weightmans REDUCING my debt by £1814.79 with the reason given that there had been a mis-calculation. In my mind this means that the original amount must have been incorrect and that the fees charged may have been higher than they should have been. I continued making the standing order payments and the amount still outstanding is £7956.01. I always made sure payments were made in good time because I did not want to give weightmans a reason to be able to re-open the case and ask for a higher payment. I am 77 years old and living on a reduced state pension of £121 a week so life is financially difficult for me without increasing payments. However, this month my £10 standing order was paid on time as usual but weightmans returned the payment to my bank. They are obviously very tricky and I can only think that they are trying to put me into arrears to enable them to go back to court again. I do not want to talk to them on the phone and have only ever dealt by mail with no contact at all since the court appearance 14 years ago. Can anyone advise me what I should do to avoid them being able to vary the original court order. Thanks in advance.
  5. No arrears or other charges, always paid on time in full. Just eagerly waiting for the 16 months to pass!
  6. I thought I was good at maths but can anyone explain this to me? I have just 1 year and 4 months left on my mortgage. The mortgage rate has just reduced by 0.25% thus my mortgage rate has also reduced fro 3.75% to 3.50%. My repayments were £357.62 a month but have INCREASED to £378.10. That about 6% INCREASE per month. The mortgage company put a note with their letter saying the increase is because I am near the end of the mortgage term but I really do not understand that. If the rate has gone down surely the repayments should go down too. Can anyone explain this to me please? #confused.
  7. Thank you so much for those links. That information will at least lighten the weight of the problem for my friend's widow. I will try and get her to a solicitor before the funeral if she is emotionally capable. Once again, Thanks.
  8. I don't know if this is the right forum for this - if not perhaps you could direct me to the correct place. My friend recently died following an operation in hospital. He only married his wife (now widow) 3 years and 8 months ago (2008). My friend left a will dated 1999, which was 7 years before he met his wife, but apparently did not alter it (unless a later will has magically disappeared). The will leaves 100% of the estate to his only sister and the executor named is his sisters husband (ie brother-in-law). Thus his widow is left with nothing, neither cash nor property. My friend's widow had now been told (by the brother-in-law executor) to make arrangements to leave the house after the funeral because she has no right to stay there. Clearly, she needs to contest the will and, if possible, the stated executor to obtain at least something from the estate. How should she go about this? I would add that the wife has also, for the past 2 years, been not just a wife but a carer for her late husband when he became disabled. Thanks in advance, Mal.
  9. No confirmation - totally ignored. May or may not have sent signed for (I would have to check my files) but a cashed cheque of the same date as my letter should be proof of receipt. Also, I use Royal Mail online postage which does give proof of payment of postage to the address and a reference number to track that it was actually posted subject to the post office's usual lethargic system. However, even signed for can be a pain to prove - I have found that tracking a signed for to banks sometimes comes up still in process. I think that they must have a way of recieving without signing to cause this. I will send the statute barred letter and also refer them to my letter to Barclays that was ignored. I think they may just be part of Barclays anyway, just using a different hat to bluff me. Unless they both use the same building. Postcodes match both companies.
  10. Thanks for your replies. The letter I sent with the £1 did state "I enclose the sum of £1.00 which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and certainly within the statutory time limit for compliance. Under those circumstances, you must return the fee." They did not supply nor return the cheque. OK - I see your point - Lowells may try to claim that this was a payment but sure Barclays STOLE my £1 by not using it for the purpose it was sent. Surely a court would not stand for this? I am due to check my credit file next month - always do it every 6 months. Again, thanks for your time.
  11. My Last letter to Barclays in December 2009 to which no reply was received. Thay have now recently sold the account to Lowells who are suddenly demanding payment. Letter dated 14 December 2009: I refer to my letter, dated 12th November 2009 which contained formal request pursuant to sections 77 and 78 of the Consumer Credit Act to which you failed to respond direct. Whilst I note that you passed this to customer relations as a complaint, such action failed to address your legal requirement under the above mentioned act. Customer Relations response was to cite the “statute of limitations” which bears no relation to the Consumer Credit Act. To state that the matter is time barred is untrue. Additionally, the statement that I unreasonably postponed the matter cannot be taken seriously when I have been communicating with both your office and a number of others acting on your behalf for the past 4 years. The use of the Consumer Credit Act was my final attempt to get you to take notice and get this matter finally resolved. As I stated in previous letters, many of my requests have been totally ignored without reply. In effect, Customer Relations response is claiming that I am not allowed to have evidence of what the alleged account is for, what payments have been credited to it, what charges have been applied to it and who, if anyone, it has been assigned to. You are expecting payments to be made without any proof of what is happening to those payments and ignoring your legal obligations. In addition, you are processing data about me without giving evidence that you have permission to process that data. The use of the “statute of limitations” in their response appears to be nothing other than attempt to hide the fact that these acts are illegal activities. Additionally, Customer Relations have tried to persuade me that contacting the Financial Ombudsman may be pointless. I put it to you that if, as Customer Relations claim, the account it “time barred” then payments to the account must also be time barred. Unfortunately, Customer Relations do not appear to respect the fact that the Consumer Credit Act and the Data Protection Act have preference over any decision made by themselves or the Financial Ombudsman. In my letter of the 12th November 2009 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment, if any. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account, along with any other documents mentioned in the credit agreement. I reminded you that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974 (as amended). The Consumer Credit Act allows 12 + 2 working days for this request to be carried out before your company entered into a default situation. The time limits have now expired and your company has committed an offence. Therefore, this account is in DISPUTE and no further payment will be made by me to the account as you have failed to comply with a request for a true signed copy of the alleged agreement and other relevant documents mentioned in it. Also you failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974 (as amended). I now require the following from you: • Removal of all defaults and other information regarding this account from all credit reference agencies. Note that this is to be a complete deletion and not merely an amendment. • As required under Section 10 and Section 12 of the Data Protection Act 1998, you are to cease all manual and automatic processing of my data within your company and any other company within or instructed by your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Barclays Bank or any other company within the group to comply with the removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities regarding your illegal activities under the Consumer Credit Act. I look forward to your reply within 14 days to resolve the matter amicably and without further harassment by yourselves or any third party instructed by you. Yours faithfully,
  12. I am in England. Yes, your dates are correct but letters have been going back and forth which may or may not cancel the statute bar. At one point, long before it could have been statute Barred, Barclays claimed that it WAS statute barred and explained to me that it meant that they did not have to supply proof any more but that I had to pay!!! I am about to post my last letter to them in which you will see this and other "Jokes" they tried to pull the wool over my eyes in an attempt to get my money. At one point, they sent me an undecipherable computer coded "statement" of an account that was held at a local branch. But I have never had an account at that branch! The only Barclays branch I have had an account at is in London 250 mile away.
  13. Thanks for your response. Barclays cashed the £1 cheque which showed on my bank statement. Alliance and Leicester did not give stubs with their cheques but I would hope to get proof from them that it was paid to Barclays if needed. This whole fiasco has been bouncing from company to company for years. Barclays themselves seem to employ either mentally deficient or clowns for their collection operations. The route has been bouncing between Barclays and a number of other companies including Bryan Carter whom I previously issued a CCA. Bryan Carter returned my cheque and directed me back to Barclays who I then sent a CCA in November 2009. Bryan Carter then dropped the case. Barclays continued via 2 departments! Collections and customer relations! I will post details of my final letter to them from 2009 because it explains some of the "Jokes" that Barclays used to try to cover the (probable) fact that they have no records of this account.
  14. Thanks for your response. Notification came from both Barclays and Lowells IN THE SAME ENVELOPE and judging by the addresses they appear to be operating from the same office! Bank loan and last payment many years ago - default was in January 2006 and should have now automatically dropped off my credit report.
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