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Notty

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Everything posted by Notty

  1. Thank you for your reply. Yes it was for bank charges. I had a refund for bank charges in 2006 but they never defaulted me. I wondered if it was now different, as they say in their pre-default letter, I will post up the default.
  2. I have issued the N1 claim form against Halifax. Today they have issued me with a DN. On the POC it doesnt mention removal of any default so I am wondering what is the best way to remove this default. I had sent Halifax the account in dispute but they wrote back saying they could still add charges (I do have an o/d with them) under the t&c. So not sure what to do next? Any help would be appreciated.
  3. Ii am helping my son with his Cap One charges. We have finally received the paperwork from the SAR request. From 2003-2006 there was over £600 applied in charges (this doesnt take into account the interest they also added or the 8% interest if a claim was issued). There is also ppi and as he is self employed doubtful if it should have been on there. The charges per month work out to about £40. From 2006 any charges were reduced to £12 so I dont think you can claim them? I have sent a cca request and not had anything back so assume they do not have the cca. Do you think it would be better to claim back the charges which could leave him with a couple of hundered difference? Or will they reduce the £40 charges to £12 and end up with nothing? Any help would be appreciated. The worry with the cca is they never give up trying to collect I thought if we wen the court route at least its all finished with?
  4. I have just received a default notice from Halifax. They sent me a letter on the 24th July in reponse to my "account in dispute" letter. They have sent several letter with regard to the charges. I had read on CAG that they could continue adding charges and requesting the payment because of the o/d. Anyway they have said in their pre default letter that the charges are still payable as the court case for charges is still ongoing, and that I should contact their collections departement to pay the outstanding charges. A week later I have received a default. When I had a claim in 2006 against them I never paid anything into the account with regard to o/d charges and they never queried it, is it now different with the ongoing court case? Any help would be much appreciated.
  5. Hope all goes well for you anxious. I am just starting my defence against Mint loans but I dont have much of a case but hope yours goes well. Will keep watching.
  6. I requested the cca from MBNA over 2 months ago. They have never sent anything only a letter from Optima Legal, Notice of Legal Action. I replied with the account in dispute. I am now getting letters from MBNA. The latest is "Notice of potential court order on your property". Should I sent the "Failure to provide a copy of agreement in prescribed timescale" or the same account in dispute letter? Thanks for your help.
  7. What if they send another letter demanding a signature. If I don't (in law) have to provide them with one is it best to just ignore them and keep sending the in dispute letter to the dca's and then if they take me to court do the cpr request?
  8. Hi thirtyandfat what was the tamper proof image?
  9. Thank you for the replies. Did you use a letter from the library when you threatend court action? Also I didnt think they were allowed to pass your details toa dca if they hadn't complied with the cca request? Thanks again
  10. Hi Lee HSBC have refused to supply me with the cca because of the signature. Did you ever resolve that with your signature. They have passed my account on to Metopolitan collection and say they will issue proceedings if I dont supply the signature. I have sent the usual letter, account in dispute, etc. but they are still requesting the signature. Just wondered if you had supplied yours for the cca?
  11. Received a letter from dca on behalf of HSBC. They are saying the same as before that they intend to instruct solicitors as we haven't complied with the letter from HSBC to send a signed request for cca. I have sent the relevant letters concerning the signature. Also sent the account in dispute to DCA but they have given me 28 days to comply and then they will start legal action. Any ideas what I should do next?
  12. Do I send it to their solicitors and does it need the covering letter saying i have sent the acknowledgment of service and intend to defend the claim?
  13. So grateful for your iput. The poc on the claim is as follows: The Claimants claim is for monies due under a consumer Credit Agreement no. between the Claimant and the Defendant. Notice of Default having been sent ot the Defendant on the . Full particulars of which have been delivered to the defendant. The Claimant complies with Sections 111 & 1V of teh PACPD AND the Claimant claims the sum of £10,000. I had replied to all of their letters and sent them the 1st and 2nd letters from cag about reduced payments and the second letter when they refused to accept your offer. The date of issue on the claim form is the Do I need to send a defence with the claim form or just the acknowledgment of Service form?
  14. Thanks for that Robcag. I have copied the CPR but not sure what to put in it with regard to postage. I havent sent the acknowledgement but I will today and defend it. In the particulars of claim it only mentions the agreement (I applied for the loan online in 2008) and the default notice. Should I still mention the agreement in the cpr and also it doesnt mention the termination notice? So should I ask for a copy of the termination notice and what do I put about postage. I would be ever so grateful if someone could let me know as I need to get this off today to stand a fighting chance. Appreciate your help.
  15. After watching the channel 4 programme last night it hasn't done anything to calm my fears. I am very worried that they can put a charge on my house. If I send the CPR will they have to prove postage? Also if I admit and offer to pay them monthly, if the court agrees, will I have to attend the court? Someone on CAG said you always had to go to court? Can someone please advice me what is the best course of action. I am so worried I am not sleeping much and it makes it all seem worse.
  16. Hi Cybermoth you say (Banks/credit cards lend you money (a BUSINESS RISK). If your debt is unsecure, offer a Pro rate payment and suspend all interest or else wait until they sue you for the money, at that point there can be no more interest and the court should only make you pay what you can afford. (Unsecured Debt Only) This is the only option as the banks and credit cards companies and debt collectors only see us as walking wallets, if I ran any other business like they do I would have folded years ago, for making so many bad risks. But then again, they give you a loan based on how much money they can make out of you not your ability to afford it.) But what if they get the charge against your house and what if the judge orders you to pay the full amount,
  17. the programme certainly didnt do anything to ease my mind. I have just received a county court claim and I am really worried they will get a charge on my house. I have been paying them a small amount per week and written to them (letters off CAG) but they have still gone down the court route. What the hell do you do. I have received the proper paperwork from them (defaults etc) so I assume I admit liability and hope the judge will order a reasonable amount per month. My biggest fear is he will let them demand the full amount which I will be unable to pay.
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