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  1. Here is a link to my main thread. http://www.consumeractiongroup.co.uk/forum/showthread.php?423375-Dealing-with-my-debts-the-road-to-full-and-final-settlement&p=4538311#post4538311 CCA Request made more than 12+2 days ago So far have had two letters from Lowell stating C One need more time and to check a different office ! And the second letter stating once they present me the cca the full balance will be tried for. Currently paying lowell an agreed £1 per month Thanks
  2. I must admit there are several blogs about Cabot and not many of them are good and put them in the category of parasites. I have two questions, 1. Have they ever taken over Creation Finance? 2. They claim to have bought the debt (Lie?) but I am still paying the agreed amount to another company that insist they are the collectors and transactions are still current and recorded. How can I get Cabot off my back! They call twice a day and are sending letters, for which I haven’t replied too. What is the legal terminology to write back to them if I do acknowledge them? And, could this be a ploy to establish contact with me before actually buying the debt or any other debt I have. Thank you, any advice will be most welcome.
  3. Hello Hope this is in the right place. Attached is the letter i have received as i have had a maor stumbling blovk with selling the house as they wont complete whilst this is still on? Is it too late for them to enforce the charging restriction being from 2006 or am i liable to pay this form the profits from the sale if i agree? Thanks in advance Michael
  4. Since last month I start receiving letters from Lowell Financial claiming that bought my debt, which I had with one of the high street retailers. I assumed it was fully paid by direct debit ,whilst I was living abroad. Lowell have asked me to contact them and make payment or arrange instalments which I ignored at first , but recently I received letter stating that there was already CCJ obtained over 4 years ago and if I dont contact them , they will obtain a copy of my file from credit ref agency. That will help them to decide what action to take and that my file will inform them of my current situation as well as highlighting if I am home owner. Once they asses my situation, they will send my account to Hamptoms legal ( a litigation team ) which will act upon Lowell recommendations. Those could be to ask Court to enforce the Ccj by : attachment of earnings - deduction from salary, bailiffs vists or charging order against property. If they bought the debt from the reatailer, then that must have been a around £ 100 , which now amounted to thousand pounds, which I'm unable to pay. The last payment of the debt would be in May 2009, so just over 5 years ago. Can anyone advice please on what I can do? I am also concerned that my ex husband could have left behind unpaid loan, which Lowell may have already details of. Can I also say, that the letters are addressed to my current address but by married surname, which I don't use for the last 3 years. Can anyone advice what I can do, would very much appreciate any help as not necessary can afford legal advice at present.
  5. Hi, I have been getting letters from Cabot Financial chasing a debt from a loan I took out over 9 years ago with the coop it amounts to £3790. I am in a Debt Management Plan but this is not included in it. Can they still chase for a debt that is so old?
  6. The following story is posted on SCOOP today and is vitally important for all debtors with severe financial difficulties who may be struggling to pay Magistrates Court FINES. The story is from the website of Tax Payers Against Poverty which is run by the Reverend Paul Nicholson. On a separate matter, he currently has an ongoing Judicial Review application pending in the High Court regarding an application for a Liability Order (full details of which are featured on this forum). The Reverend lobbied MP's and Peers for an amendment to be introduced into the Legal Advice Sentencing and Punishment of Offenders Act 2012 to allow for cases to be referred back to the Magistrates Court in the following cases: Where the person was not in court when fines and has a disproportionate fine. Where there is a change of circumstances after the Magistrates original decision. Where there is financial hardship. It would seem that Magistrates Courts are failing to abide by the amendment. The article can be read in full here: http://www.taxpayersagainstpoverty.org.uk/law-allowing-magistrates-to-reconsider-fines-unpaid-due-to-hardship-ignored-by-fines-officers-and-bailiffs/
  7. Hi folks, we joined a debt managemetn plan with immediate finance a couple of months back after over a year trying to directly sort things with our creditors, I know that immediate finance have been paying £1 per month to each as agreed to keep the debt alive, however my wife has rung me to say one of the catalogues has sold the debt to a debt collector who is now chasing for it, is this legal? as I understand it they are not allowed to as long as you have made an effort to pay? will be ringing immediate financial when I get home to see what is happening but would like some advice first, thanks
  8. Hi, Wonder if somebody could give me some advice please on how to tackle this best. Just a brief outline. Had a nastyogram from Drydensfairfax with the normal contact us to maybe agree an affordable repayment plan, if you don't may seek legal proceedings for CCJ etc, with a load of information under the "Civil Procedure Rules Practice Direction for Pre-Action Conduct" This states the claimant Claim will be for outstanding balance Seek legal costs then if they obtain a CCJ, the ways they will try claw the monies back. Now I know that this was a Vanquis card account, which goes back to 2010 but the info on my credit file says that the default is registered to Cabot and the credit file info only goes back to Jan 2012 (probably when they took on the debt). What would be my best course of action be with Drydensfairfax. I am trying to get my life sorted out and really don't want to get a CCJ. I have no CCJ's on file, just defaults, which will fall off in a couple of years. My financial circumstances are far better now than they was at the time I got into trouble. The default date doesn't even look correct and I certainly never received a copy of it as I moved in Jan 2011. By my thinking, the default should have been done in 2010 not in July 2011 (which is approx 15 months after I started missing payments). Many thanks
  9. Hi Don't know if this is the right place to post. I have a not so good credit rating and a company I work for want me to be placed as an authorised user on there bank account (very small) company it would give me a debit card and online banking. As I would only be an authorised user and own 0% of the company would my record be linked with those also named on the account. Obviously do not want to affect there credit worthiness with my own credit record. Many thanks
  10. Any views on this welcomed. When i bought my new car 4 years ago I took out a service plan through Essex Ford that i paid monthly. I now have a problem because i cancelled the service plan over the phone back in February but they never cancelled it their end. I am due a refund and should have had it in accordance with the terms of their contract by the end of March. They have now cancelled it and say I will get my money by the end of June. It is nearly £300. They admit their mistake and that they are in breach of their terms but wont pay up any quicker. Is this sort of agreement covered under FSA rules and can I complain to the Ombudsman?
  11. Hi guys I've received a letter from Lowell Financial this week stating that they have... ''bought an outstanding balance i 'had' with HFC Bank LTD. You have not yet cleared the outstanding balance, so they have asked for us to get in touch. We can help you clear the outstanding balance and repaying your debt may help to improve your credit rating'' I will attach a image in the next post. Where do I stand with this as this loan was taken out around 2006/2007 I believe. Thanks Guys
  12. Hi all, I hope I'm posting this in the right forum. At the moment we are really struggling with money. This is mainly because of debts. We're married in our 30's with one child who is disabled, we received DLA for him and carers allowance, also child tax credits, income support and of course child benefit. I am self employed but don't earn a profit, and hubby is also self employed but again only just breaks even as both our businesses are still new. The debts we have are mainly catalogue debts and credit, I have written to all of the companies and made an offer to pay a token payment of £1 a month until our circumstances improve. A couple have accepted our offer but others haven't even acknowledged it and a couple have declined it. All letters I've sent were sent by recorded delivery and I included an income and expenditure form with them. I'm going to have to chase up the companies who are still adding interest and phoning us up demanding payment. I always refuse to discuss matters over the phone and insist on doing everything in writing. I've also requested CCA's from the companies concerned. Other debts are to friends, the local garage who fixed my car and the vets. I owe two friends £100 each and so far they've been pretty understanding about it. I owe the garage £300 (the original bill was £470 and I've been paying off bit by bit as and when). I e-mailed them this morning to apologise for the delay in paying and asked if they're happy to accept £50 a month from us or more if we're in a position to pay more. Just waiting to hear back from them (they're pretty good, local friendly garage and as I've been known to them for many years they often carry out work for me and allow me to pay them later. In the past I've always been able to pay in full within a few days and this is the first time I've had trouble paying them). The vets bill was £80 and so far I've paid £40 off, so I still owe £40. I'm planning on going in and asking if I can pay £20 this week and another £20 in a couple of weeks. I'm just wondering if there's anything else I can do or if I'm doing everything right. Borrowing more money is not an option and we're already living off the bare minimum by cutting out luxuries such as sky tv, holidays, alcohol, nights out, clothes for ourselves (obviously we still buy our son everything he needs and also things my stepdaughter needs, though she only lives with us part time). We're on an electricity meter because we fell behind with payments so they installed that and now we pay for our electricity as we go. They take £3 a week from it too to cover the debt to them. I've been trying to get other work here and there where I can, doing the odd modelling job (I used to be a full time model in my 20s) and helping out at a friends shop. I always declare my earnings as part of my self employed job as an events organiser. I think that covers everything, sorry if it's long or not very clear. TIA
  13. Hi guys I was wondering if you could help? Im in suspicion that I have ppi on an old loan I had with aa financial back in 2006 for £5000. The issue I have is that I can't find the copy of the original loan agreement to say if I agreed to the ppi, also I was around 18, young and naive so I would have probably agreed to it not really knowing what I was actually agreeing to thinking it was a good idea! but... I have in amongst my paperwork found a four page spread which is an official policy document of employment,sickness and health insurance dated to around the time I took out my loan, making me think I took out ppi or was even told it was compulsory in order to be excepted for the loan. a work friend advised me on calling aCMC who might be able to help but I'm not sure what to do to be honest. any help or advice would be much appreciated
  14. Partner took out a loan for the value of £558.00 for a Sofa at Harveys. it was on a 12 month deferred payment. if paid off in full within 12 months no interest would be charged. we have made a total of 13 repayments at £28.82 per installment following the end of the 12 month deferred period, i have requested a early settlement as i would like to clear the loan off for my partner to save interest. We had the settlement of £576.39 I thought this was high considering we have paid a total of £374.66 off the loan already. After speaking to Ikano Financial Services, they said the interest is charged from the date of the agreement being signed. However, They refuse to accept that the credit agreement does not allow for this as it clearly states the following. Ikano PRE-Contract credit information gives the following information The total Amount of Credit £558.00 The Duration of the agreement: 36 Months Repayments: 35 Monthly repayments of £28.82 and a one off payment of £28.50 Total amount repayable £1037.20 The rates of interest which apply to the credit agreement 26.4% Annual APR 29.8% - The Loan duration on the pre-contract states 36 months (3 years) but the fixed sum loan agreement states 48 Months (4 Years) Fixed-Sum Loan Agreement Cash Price: 618.00 Deposit £60.00 Total Amount Repayable: £1037.20 Amount of Credit: £558.00 Total Interest Charged: £479.20 Duration: 48 Months I would also like to know how they worked out the repayment amounts of £28.82 per month, every loan calculator i have used on the internet does not agree with the above figures. [ATTACH=CONFIG]50441[/ATTACH]
  15. Hi All I've had a letter saying that Cabot Financial have taken over one of my debts from Barclaycard. I've gone through CCCS in the past (now Step Change ?) and pay all my creditors £1.00 per month by Standing Order as it's all I can afford. I have recurrent mental health problems so finding work and/or keeping it is very difficult. I've looked on all the Cabot paperwork and their website and although they say that Standing Order payment is an option they don't give any account details - so you have to contact them directly I assume ? I can't cope with speaking to people directly and writing can become tricky and may cause delays so that I fall behind and lose my payment plan option. Does anyone know where Cabot's bank details are listed so that I can just set up the SO and keep 'up to date' without having to go through the distress of contacting them please ?
  16. Hi guys getting myself quite worked up ere and stressed , in 2007 i had a llyods tsb credit card and maxed it out to its limit of £5000 , after getting into financial difficulties i quit the payments and left it ( yes i know wrong thing to do ) last year i started receiving letters from lowell group and a friend said to me dont pay can't collect , since lowell its been passed onto various groups including hamptons legal hamptons red and now some solicitors in edinburgh , they are now threatining with bailiffs ccj's etc need to know what is the worse that can happen . thanks in advance paul x
  17. Hi can anyone advise my next step please. Had a letter from Bryan carter solicitors saying they were acting for Lowwel financial limited for an outstanding debt I sent Bryan carter a cca last week, I had a reply from them and they sent the cca and postal order back saying I must send the cca and request it direct to Lowell financial? Is this correct do I need to resend this or are they playing games? Thanks mw
  18. Hi, this is my first post on here. I have 5 student loans taken out 1994-99. I have never earned enough to make repayments and deferred each year (usually with lots of hassle and documents being lost by SLC etc). Then I had to start dealing with Thesis Servicing. In 2010 (I think) I made a decision to voluntarily make repayments on my loan, phoned Thesis and set it up - or so I thought. 9 months or so later, I got a letter followed by a phonecall to say I was in arrears and had to pay. I contacted them and disputed it and was told they had taken down the wrong bank account details but they would only wipe 3 months of arrears. I argued with them as it was a voluntary payment and I still wasn't earning the threshold. I took to ignoring their calls and letters or on the odd occasion when I did speak to them, I reiterated that it was their cock up that had caused the arrears and I would not be held accountable. I have not received a deferment letter from them since I first arranged to make a payment. Last week I received a letter from them stating that I had defaulted on my loan. Today I received a letter from Link Financial demanding full repayment of £7,413.20. Where do I go from here? I'm adamant I should not be liable for this debt until I am financially in a position to repay it. Thanks in advance for any help Jo
  19. I took a top up student loan in the last year of grants/first year of phasing in of student loans. Due to not earning enough through my early employment career, I deferred, and deferred, made the odd payment here and there. I was made redundant in 2005 and was unemployed for nearly 2 years, during which I had a lot of debt sorted out through the CAB. SLC didn't agree to any arrangement. Fast forward to December 2012/January 2013 and I get a letter from Link Financial, unfortunately I haven't got a copy of this, but they definitely passed themselves off as acting officially on behalf of SLC. Not wanting to be falling in to debt problems again - and particularly with a government endorsed organisation - I phoned Link Financial, initially demanding that the debt be handed back to the SLC, eventually coming to a £50/month payment arrangement with Link, which is taken via a debit card. I have obviously now learned that Link are, shall we say, somewhat of a rogue outfit, who resurrect bad debts to fill their own coffers. Is there anything I can do now that I have actually made an arrangement with them? I just received an arrears letter today which triggered research that lead me to this forum, and a while ago I received a similar arrears letter, which was a bit scary as I hadn't missed a payment, tried to call them on their 0843 (or similar) and put in their queueing system for 45 minutes, and hung up before I spoke to anyone.
  20. Hello everyone, This is my first post so you will have to excuse me if I miss anything out which I should have written. Back in 2009 at the young age of 21 I took out vehicle finance through Santander Vehicle Finance. I set up the initial payments but defaulted twice, as I had foolishly set the payment dates to part-way through the month. As I had moved from my family home address to another part of England, I had not received any notification of default (granted, it was my fault for not updating the company with my new details or checking back with my parents at the time). I subsequently received a telephone call and correspondence from a baliff/debt collector (unsure as to which) who stated that Santander had ordered the vehicle to be repossessed. I informed them that I was unaware of the default and would happily pay the outstanding amount, but this was rejected and my vehicle was subsequently repossessed. Since then, I was contacted by Link Financial who informed me that Santander had sold the debt to them. I have now been told that I must pay the outstanding £3,000 of the debt off to Link. My question being, am I legally bound to pay this debt, seeing as I only had use of the vehicle for around three months before it was repossessed. It seems rather excessive to pay of such a large amount of money 'for nothing'. I have been making regular payments of £75 to Link, and previously made higher payments of £150 - 180 to try and clear this debt quicker. Do I have to pay Link, and if not, am I eligible to claim back any of the money I have paid to them thus far?? Thanks in advance!
  21. Hi could anyone give me some advice, I have a debt with capquest from a catalogue (one of many debts accrued when my husband lost his job) i wrote to them offering them a £1 a month as the rest of my creditors have all accepted, today i have got a letter off drysdens Fairfax solicitors with reference to the capquest debt asking me to fill in their financial questionnaire and provide 2 recent payslips. do i have to provide payslips to them? im not trying to hide my wage or anything just that it has all my personal info on like national insurance number. should i do what they ask? thanks in advance
  22. Hi, hoping someone has come across this position before and can offer some advice please.. I have 2 defaults registered against me on my Credit file. I settled both debts in full last year, one with Cabot Financial and one with Barclaycard. Originally the Cabot debt was a credit card I had with Citicard and Barclaycard was originally Egg. I have not received a default notice from Citi, Cabot, Egg or Barclaycard. Both Barclaycard and Cabot state they do not hold the default notice on file that the notices were previously issued and they simply de-registered and then re-registered the default notice when the took ownership of the debt. I have made a request for information pursuant to section 77/78 of the Credit Consumer Act, but they state as there is now no debt, they are not obliged to supply any information. its seems I can not make them produce any information which would show I have not received the default notices - and therefore the entries are invalid and should be removed. There are many smaller points that I could make, such as the address Cabot had on file was not in fact my address, no notice that the account/debt had been sold to another party etc... Please let me know what you think would be the next best course of action to clear the default notices. Thanks so much in advance...
  23. http://www.credittoday.co.uk/article/16652/online-news/clyne-steps-down-as-cabot-acquires-marlin
  24. hi all, i defaulted the credit card account with MBNA august 2011 due to financial difficulties, mbna has increased the interest rate form 15.9% to 35%, at some point my minimum payment was less than the finance charges then double my minimum payment so i stopped paying them informing them of my situation. The account was sold to LINK FINANCIAL. i received a county court claim from LINK FINACIAL PARTICULAR OF CLAIM: The claimant claims the whole of the outstanding balance due and payableunder an agreement referenced xxxxx and opened effective from 19/xx/2005. The agreement is regulated by the CCA 1974, was signed by the defendant and from which the credit was extended to the deendant. The deendent failed to make payment as required and by 19/02/2012 a default was recorded. As at 27/04/2012 the defendant owed MBNA europe bank ltdthe sum of 6xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective from 27/04/2012 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter. And the claimant claims : - 6xxx.xx . I nterest pursuant to section 69 county court act (1984) at a rate of 8% per annum from 27/04/2012 to 07/08/2012 of 130.56 and thereafter at a dily rate of 1.36 to date of judgement or sooner payment. date 07/08/2012. CCA request to LINK : Agreement they sent is illegible signed by me. stamp dated a day earlier than the Particular Of Claim ABOVE. A signature in middle by Someone from MBNA. A PPI bOX in the agreement ticked : I wish to purchase the payment protection cover I understand i am puchasing the product ticked above and the terms related to the the product can be found at paragraph 1-16 of the agreement. No paragraph 1-16 exist in the agreement T&C. I believe it does fall on MULTIPLE AGREEMENT? Constant phone calls from LINKS followed. I wrote to them a letter putting the account in Dispute stressing that the amount in the claim is inaccurate due to unlawful charges and PPI and while i am claiming them back from MBNA and with the advice of CCCS i offer you a monthly payment of £45.00 as per my I&E. The response i got back by letter dated 24 july from LINK was: LINK FINANCIAL was not present at the inception of the loan and therefore did not provide any PPI on the account. nothing about my monthly payment offer. Next thing is the County Court Claim on 7/8/2012. I acknowleged the claim and am defending the whole claim and sent A cpr31.14 to link financial. MY ppi claim with MBNA has been upheld. MIS-SOLD PPI due to self employment. I believe that LINK has been unreasonable and they are breaching every OFT Regulations pre-action protocol included. Please any input and help will be be appreciated to formulate a defence.
  25. Creation Financial Services - now with Akinika (before that was IQOR) Etam store card Not showing on Equifax file Balance £1468.04 I pay £3.94 I have original letter dated 19.12.07 when IQOR added an admin fee of £100 Letter dated 10.01.08 from IQOR states client have asked IQOR to “collect on their behalf” Akinika letter dated 23.12.13 is with reference to debt, "owed to Cabot Creation Financial Services" CCA requested 06.01.14. from Akinika, no reply r’cd to date. should I withhold payment until evidence r'cd
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