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Hi everyone. First time for me posting so be gentle. I have read this thread with interest as I've just been time barred for my packaged account complaint by the bank and FOS as they say the bank has told them they "would have" sent me 'refresher packs' in July 2009 and March 2010 so I should have complained within 3 years from then. My complaint is that they upgraded my account without my knowledge in 2003 and at a time when I was in financial difficulty and would not knowingly pay more in bank charges. I'm keen to know what is a CCL letter that is mentioned earlier in this thread? Thanks
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Hi All, Received so much help and support way back in 2005-2008 which turned my life around. Unfortunately a DCA (CABOT) has re-surfaced issuing a CCJ Claim chasing what I believe to be a Statute Barred debt for Vanquis they have bought. I will post all details in the relevant place and look forward to your much appreciated assistance. Regards -
Hello, Can anyone help answer a few questions I have regarding a court claim? Name of the Claimant ? Arrow Global / Restons Date of issue 08th September 2016 Particulars of Claim: 1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant (s) and Marks and Spencer Financial Services PLC dated on or about Oct 05 2004 and assigned to the Claimant on Dec 19 2013. 2.PARTICULARS a/c xxxxxxxxxxxxxx DATE ITEM VALUE 07/06/2016 DEFAULT BALANCE 564 Post Refin Cr NIL TOTAL 564 I acknowledged the claim on MCOL 14th September with the intention to defend in full as I believe the debt is statute barred. I have not submitted my defence yet. Actions so far Court claim dated 08th Sept (recieved 12th Sept) Acknowleged claim 14th Sept CPR.31.14 to Restons on 15th Sept CCA to Arrow 16th Sept I believe the debt is statute barred ( last payment/contact over 10 years ago) so should I go ahead and submit my defence now on the grounds the debt is statute barred, or should I wait for paperwork re the CCA and CPR requests? Thank you for any help!
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I have today received this copy agreement from MINT and would really appreciate advice regarding its enforceability. I don't think everything is shown on my single page with my signature and I assume the "here is your replacement card letter" and clear copy of the CCA is a reconstruct. Thankyou! mintcca001.pdf mintcca002.pdf mintcca003.pdf -
Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact. They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made). Restons do not know I have this evidence as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed. The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given. What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement. Please advise, thanks. -
Hi all, hoping to get some advice/help. I received a letter today from Lowell Solicitors who seem to have bought a debt, they say the original account was with Three Mobile. I had a Three mobile 10+ years ago. They want £443. They claim to have written to me already about this, that they have a CCJ against me and that I am in arrears and can take further action against me. I definitely haven't made a payment for this debt in over 6 years and believe that if any debt existed then it should certainly have been statute barred. This is the first time I've heard about any CCJ and the first time I've heard from Lowell. What should I do in this situation? I've seen other advice for prior to receiving a CCJ but don't know how to proceed if they already have one. Thank you! -
lloyds Overdraft 'debt' AIC then Apex, Now Robbersway chasing
pakanena posted a topic in Lloyds Bank
Hi there! I am so pleased to have come across this group and see that I am not alone This is my first post and I have spent a good hour reading through similar situations, and feel a lot more informed that I did when I woke up this morning. I took out an overdraft with Lloyds TSB aprox 5 years ago for 1,500 pounds when I was living in the UK (I now live in Spain and have done for 4 years). To be perfectly honest, I foolishly became so involved in life here that I forgot about my overdraft in the UK. That was until the beginning of last year when my step-father called me to let me know he had received several phone calls from Lloyds requesting to speak to me, and then letters demanding immediate payment. The most recent letter was received this year from AIC. I telephone Lloyd's debt collection last year when I first learned of this and advised them over the phone of my address in Spain, and reiterated to them several times that I did not live in the UK and did not appreciate them hassling my step father. They aknowledged my address and phone number, and said they would send a payment plan to me with international bank details so I could start making payments. Two months later my step father was receiving threats from the bailiffs and I had still not heard anything from Lloyds. Again they aknowledged my address in Spain and said they would send me written communication, and promised to remove all the UK information from their system. However they did tell me that they did not know how to go about setting up international payments but that they would "look in to it". Six months, and nothing. I called again, and was told the same thing. I asked for a mailing address or a fax number so I could send my request in writing and was refused. Then came the letters from AIC at the beginning of this year, AGAIN to my step father's address in the UK. He opened one of the letters and called me in a very distressed state, especially considering I had promised him that I was dealing with the situation. I called AIC two months ago and spoke to an arrogant young man, and explained the above to him. Needless to say he was less than interested and demanded ful payment. I said I could not make a payment of 2000 pounds. They took my Spanish address and phone number (again) and promised to write telling me what options I had. I heard nothing untile yesterday when I received a letter from them stating that as they had not heard from me they would be sending my file to their legal team in Spain, and that I should contact them immediately. Conveniently there is no return address so I cannot write to them. What irritates me is that I have had NO correspondence from Lloyds nor AIC until yesterday despite me informing of my address several times. I am happy to make repayments but need to know where to make them to!! Could anybody advise me on what to do as I do not wish to have legal proceedings started against me in Spain, and more so considering I was happy to make repayments on this debt but its now arrived at this point due to the considerable incompetance of both Lloyds and AIC. Do AIC have a mailing address? Many thanks to all of you -
Hi I received a letter last week from Mortimer Clarke regarding an old debt from 2005/6, it was an overdraft. I replied stating this debt was statute barred I have now received another letter stating that last payment was made on December 2014. This is absolutely not true. I have never made any payment towards this and certainly not in 2014. What do I now? How can I prove this? -
Hi everyone I hope I've posted in the correct area, so much to view on here. My problem is my credit report shows that I owe £261 to Orange (mobile phone) this was taken out in 2001 I have neither been contacted by Orange or any credit chasing companies regarding this debt in many years, yet this report of owing the money still shows on my credit report and what Orange are doing to keep this on my report is saying that payments are up to date and each month I owe £261, this way they are keeping a debt active on my credit report. I only checked my credit report this morning and I've just opened a dispute with noodle and explained it to them but even so is this actually legal what Orange are doing? Orange sold out several years ago to EE I believe. Is there any way that I can get this removed please? Thank you for any advice Kind Regards
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I am currently trying to get information from Hillesden regarding a HP agreement I took out in 2001 with Associates Capital for a car. This agreement was taken over by Welcome Finance. Prior to this change I contacted Associates and told them I could no longer afford the car due to personal circumstances at the time, and asked them to collect as I had the car for 2 years which was half the HP agreement timescale. They never collected the car. I contacted Welcome after the change and told them the same, that I could no longer afford the car and to collect. Again they did not but wanted me to take out a new agreement with them to re-finance the car. I refused to do this. After checking my credit report, Hillesden Securities now 'own' this alleged debt. I checked my credit report last month and this account was defaulted as an HP agreement. This month, however, they have defaulted me for the same amount and changed the type of default to a loan account. Can they do this? Anyone? The information is lodged with Callcredit reference agency, on two other reference agency files it shows as a HP agreement. Please let me know what you think before I write to Callcredit and Hillesden -
Me & My Debts & Various CCA REquest
monkquito replied to monkquito's topic in Debt Collection Agencies
Hi, Can anyone help me out.. a month ago 1st Credit sent me a CCA (finally) for a debt which is now statue barred about two years ago. Now they are starting to chase me again for the debt. Any advice on how I should proceed? Many thanks in advance, M -
Hi all, I used to have a credit card and paid a large amount in PPI for several years. I'd now like to claim back that PPI as, not only was it forced upon me, but it was useless in my circumstances anyway (self-employed, claim was denied). Unfortunately, that credit card had a large outstanding balance when my income plummeted and was ultimately passed through several debt collection agencies. The debt is now owned by a notorious DCA (statements mention a date of "assignment"). the debt is statute barred, I haven't acknowledged the debt or serviced it in any way .. . although I haven't written to the DCA, so I still receive endless letters about it. The problem is, I've read about a lot of PPI claims being successful, only for the refund to be sent to the DCA. I'd rather not make a claim at all, than do anything which will profit this particular lying, manipulative, deceitful, apology for humanity. So, with all that in mind, I thought it would be worth getting in touch with the DCA and trying to settle the debt for a tiny amount. The idea being that with the debt satisfied, the DCA would have no claim to any PPI refund. This worries me though, as I've read about the clock being reset on a statute barred debt, by either an acknowledgement of the debt or a payment of the debt. So ... umm ... that's about where I'm at. Does the DCA have the right to a PPI refund with a SB'd debt? Is it worth trying to settle the debt? Would this make a difference for PPI claim purposes? Is it risky to contact a DCA offering settlement? Would this reset the time limit? It would be great to hear of anyone else who's been through this situation, particularly with barclaycard, and obviously any advice anyone has generally would be gratefully received. Thanks! Bob. -
Hi, in the middle of December 2015 I received I letter from Mortimer Clarke Solicitors chasing a debt with Cabot Financial, after searching this site I sent them a prove it letter, heard nothing .... received court papers between Christmas and New year. I submitted a defence saying that I had no knowledge of the debt and has asked the solicitor to provide evidence. Mortimer Clarke wrote to me in late January 2016 saying that they would put action on hold whilst they waited for their client to provide the evidence.Since then I have heard nothing, until last week (8 months later) when I recieved a letter from Mortimer Clarke with the enclosed copy of the CCA of a loan had taken out in 2009 and a statement of account dated March 2016. They have made an offer to reduce the amount owing by 40% and if I agree that it would be a Tomlin order but I have to respond within 14 days. I believe though that this debt is statute barred, the last full payment of this loan was July 2009, they kept trying to take payments and successfully managed to take a token £25 payment from my account on the 10th September 2009 (which I think, based on the statement they have sent, was a charge for writing a letter to me). Since then I have made no payments and not acknowledged the debt in any way. I need to respond back to Mortimer Clarke, can someone tell me if the debt is statute barred and what the procedure would be for the ccj which is currently on hold Many thanks
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Hi there, Thanks for reading. I'm new to the forum, and hoping I may be able to find a little help with my current situation. I'm in a bit of a tangle!. Essentially I received an N1SDT CCJ claim form in the mail, too late to reply, and subsequently received a CCJ. I believe the debt to be statute barred, and intent to have it set aside if possible. I'm currently trying to claw my way out of long term unemployment by starting a small business (via the JSA/NEA scheme. I'm in the very early stages), so this is pretty awful timing. On the 18th of August I received a claim form dated 25th July. Obviously at that point it was too late to submit a seemingly simple defense, and the court ruled in favour of the claimant. I have received a 'Judgment for Claimant' notification, and correspondence from the claimant. The debt is from a capital one credit card dating back to August 2007, and was apparently 'assigned to the claimant' in Oct 2009 (this information is taken from the 'particulars of claim' section of the claim form that I received). I have no records of the debt, but have had no contact with anyone regarding the debt/account since the point were I stopped making payments (which I assume is 2007). I'm hoping that I can have this CCJ set aside, owing to the debt being statute barred. I'm currently claiming JSA, have no savings/additional income, live in my father's home, and I believe that I meet the requirements for a full remission of court fees, should I be able to go down that route. Though I'm not really sure how I go about doing that. Also I'm not entirely sure what kind of evidence I would have to supply. I have no records from the time, and assume I'll be needing them. Any advice with regards to my options at this point would be greatly appreciate. My understanding's pretty limited, and time is of the essence it seems. Thanks for any help.
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Today I have received three letters from the same DCA. Two letters are identical. They are asking me to get in touch about two very old debts with two different banks: last time I heard from Bank A was 2007 and the last time I heard from Bank B was Jan 2010 - and I have heard nothing since from either - and I have not made any payments or been in touch with either since those dates. I think, therefore, they are statute barred. Should I just ignore the DCA letters? Can they "default" me with the CRAs? -
I have been chased for a number of years by Lowell for a debt. They go through phases of really chasing, then I don't hear anything for a while. In May of this year, the debt became statute barred. It has now disappeared from my credit file and my credit rating has gone to good again. However.... Lowell have REALLY started chasing the last few weeks. I have had letters galore, I have had about 5 phone calls a day and a couple of texts, and now they have started sending letters, addressed to me, to my parents house. My question is what action should I take. I know the debt is SB, but I'm concerned by their sudden chasing. Do I need to worry? Should I ignore it all, or should I write to them? I'm concerned as to why they are sending the letters to my parents address rather than mine, are they trying to get a CCJ by deliberately sending to the incorrect address? Is writing to them to tell them a debt is Statute Barred not an admission of ownership? Thanks everyone!
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I am really grateful for this Forum. I am watching other people's reports with great interest so I thought I would share my own and see if I could garner some advice along the way. I am currently a Student with some Debts carried forward from a crisis past where I lost my home. I am pretty much on route to starting over. I never took the BR option but was hoping to wait out the clock ( didn't have any other options ) on some of the debts and deal with what I could. This is the second CCJ Claim and as far as I can make out it is over 6 Years since I have had any contact from the creditor. The particulars of the claim are as follows Debt Legally assigned from Tesco Personal Finance ( Ex Tesco Finance ) to Claimant Hoist Portfolio Holdings 2 Ltd who is being represented by Howard Cohen and Co in the county courticon Business Centre Credit Card Debt £3382.38 Interest pursuant to S69 of County Court Act 1984 £1621.96 Court Fee £410 Legal Rep Cost £100 I have followed the standard advice by sending a CPR request to Howard Cohen and Co and a CCA Requesticon to Hoist Portfolio Holdings. I have acknowledged the claim and submitted a holding defence. I am wondering how I will go about argueing that the debt is statute barred or should I wait for them to honour the requests I have made first. Any advice would be greatly appreciated. Thanks -
Hi All, Need some Advice please from you knowledgeable bunch. Back in Sept 2007 I defaulted and stopped my payments on an Argos Store Card which i had due to financial issues, I had the usual debt collection letters for approx 1 year which i ignored and made no payments on due to not being able to. The default was registered on my Credit File as Nov 2007 and disappeared off my file in Nov 2013, by which time the debt was Statue Barred, During this time no contact was made with any DCA and NO payments were made to the account, and none have been made since. To my shock, last month i received a letter from a DCA stating that the amount was still owed (Approx £1200) and that i should contact them to make payment, I sent them a letter stating that the debt was statue barred since no payments were made since Sept 2007 and no acknowledgement has been made of the debt. They have now written back to me stating that the debt is NOT statue barred, they have confirmed that they have owned the account since 2009 and that in 2010 they claim i made 7 payments of £15, hence taking away the statue of limitations, they have provide a spreadsheet showing the payments and dates of payments. I know for a Fact that i made no payments and have just requested old bank statements from 2010 which prove that i have made no payments equalling these amounts on the dates they have stated. They have not sent any copies of agreements or letters of assignment. Not sure now how to reply to them on this as they state legal action will follow if I don't contact them and arrange payment. Any advice for me please ??? As trying to put my bad past behind me. Thanks
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I recently received a CC claim form regarding a Vanquis card from 2008. Leaving aside the issue of whether I did/didn't have such a card... my view is that they probably speculatively issued the claim, hoping for a default judgment knowing they didn't have the supporting paperwork and might not be able to get it. So far... Claim issued August 19, 2014. MCOL acknowledgment filed Aug 25. CCA/CPR letters sent by me August 26. CCA/CPR replies sent to me Aug 28. Defence due by Sept 21? CPR from Mortimer Clarke states: 'Taking client instructions... will come back asap... our client agrees to the extension of 28 days for you to file defence - please notify Court of this.' CCA from Cabot states: 'We don't have it... requesting from original lender... should be able to get within 40 days.' Looking ahead... The 28 days suggested by MC delays defence due date to Oct 19? Allowing for delivery to me, the '40 days' suggested by Cabot is beyond the original defence-due date, and very close to the revised date suggested by the MC letter. I didn't ask MC or Cabot for an extension - and neither need nor want one. I have other stuff to do, and don't want this dragging on. I'm inclined to file my defence now, basically one of 'I deny the claim; prove it.' Questions... 1 How specific does my defence need to be - I'm assuming I can't just say ' I deny it, prove it' without stating reasons? 2 If Cabot aren't able to produce the supporting paperwork in time, will the case likely be stayed? And if so, for how long, or is it indefinite? -
This is a strange one, hope someone can help. I took advantage of an offer to switch current accounts for circa £100 in May 2009. I filled in the forms, my salary and debits moved across. The problem was that Santander did not agree to match my existing overdraft (£500) and didnt communicate that the overdraft had not been granted but moved my finances over anyway. So I quickly moved back to my previous account and requested that Santander close the new current account. I recall speaking to a manager on the phone, who agreed to close the account with no charges and in exchange they would not pay me the £100 switching fee. They admitted that they should have communicated better and did not make me aware that any adverse credit history would be reported. However, I have downloaded an equifax report to discover that it is still showing as late payments from May 2009 until it was settled in November 2010. Note, this doesn't show in my noodle report. I am thinking that as I have not used the account since May 2009 it would be SB and should be clear from my credit reports, is this correct? -
Hi, Hoping I can get some advice here about a conundrum I have. I have an old debt for a personal loan which will become SB at the end of february. Having heard nothing for years I suddenly received a notice of assignment from a DCA about three weeks ago. Then yesterday a request for me to contact them about payment. I feel sure that I can probably stall them until it is SB with some careful letter writing followed by a CCA request, but im a bit confused about the wording of the 1980 limitations act and various comments ive read on forums and advice sites. Will it stop the clock or restart the SB period if i communicate in writing with them eventhough I will not be admitting the debt? Ive scanned all the relevent threads on here and just dont seem to be able to find a definitive answer. I feel that I do need to take some action because if I ignore them they could easily have time to put in a claim before it becomes SB! If any one could give me some advice here I would greatly appreciate your time and advice on the best way forward!
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Hi Would like some advice about 2 loans that I took out in 2005 with egg to consolidate credit cards, car purchase etc after getting a mortgage in 2004. Both loans were for just under £25k each and it was more or less implied that if I took out PPI that the loans would be easier to be accepted for and that I would be able to claim if I was not able to work for any reason even though I was self employed. Roll onto end of 2008 where my ex wife and I started having relationship problems and I started struggling to make the repayments but feeling that I had a duty to repay I struggled on trying to keep the repayments up to date even when I could not carry on working at the end of 2009 when I became a single parent. By March/April 2010 I could not make the payments so the loans went into default officially. I spent the next 6 years struggling to bring up my kids as a single parent and have been chased to repay the loans via lots of different debt collection companies but was never in the position to pay anything So now in 2016 the loans have both been removed from my credit report (such a relief as can start rebuilding my credit worthiness). I did receive a questionnaire for both loans from Canada Square Operations in 2013 about my PPI but because of my financial situation I just filed them as I was worried that it was a ploy to get me to pay money to them that I could not afford. It does state in the covering letter that they that the loans where now being administered by Britannica Recoveries but does not say the debt had been sold to them. It also lists the reasons that they think I would be entitled to a refund for and they are for it being implied that by taking PPI I would get the loans and that when self employed I could only claim if I could not work at all. My question is would it be worthwhile sending in the questionnaire now to apply for a refund. Many thanks in advance Allister -
So, I was an irresponsible student who racked up some defaults for a small amount of 2500 I am in a position to settle these debts now, but many of them are very close to being statute barred, my main query is, if I was to settle these debt, how long until I would expect to see an improvement in my credit file? -
Hi, just after a bit of advice here. I have been behind and over my limit for about 12 months but had been making regular payment all be it not enough for my account to be up to date. Today I recieved a letter. It said the following. Overdue amount: £..... IMPORTANT YOU SHOULD READ THIS CAREFULLY Notice of Default served under section 87(1) of the consumer credit act 1974 Youve broken your agreement ........ You must pay the amount overdue shown above. This payment must reach your account within 28 days of this letter. If youve already paid this or have made a payment agreement with - thank you. Please ignore this letter. Then it lists what they will do if I dont do the above ie shut account, chase debt. What I want to know is, I spoke to them monday and paid 70% of the above and agreed to pay the remainder of the arrears by friday. He did mention that a letter had been sent out but told me if I paid this it would be canceled. What I want to know is will they stick to there word?. Is this an actual default notice as I dont remember recieving a warning? Should I ring up and pay it today and argue that I didnt recieve the letter till friday or something because of the snow(foot deep here today). When he says canceled does that mean its already been put on my file and they will just change to satisfied or will it actually be removed or not even be added?. Will they have recordings of the call where he promised it would be removed on payment of the arrears and could I request that if need be?. Sorry to waffle, I know I have been a bit slack with payments but have my reasons and despite my current position, being 29 I could do without any nasty marks on my credit file and the letter seems a bit confusing, maybe deliberate to get me to pay I dont know? Thanks for your time, any advice would be much apprecieted.
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Hi all I've received a rather threatening letter from Restons Solicitors, I'm hoping you can assist me with my problem. Resotns solicitors been instructed by their Client Hillesden securities limited. I have received an n30 Judgement for claimant Resotns solicitors been. I believe it relates to a car finance agreement I had with Black Horse back in 2000 the Car price was £12000 to be paid over a period of 48 month. After few month later in year 2000 due to financial problem I wasn’t able to keep my payment of the monthly instalment to Black Horse. Black Horse decided to take back the vehicle and sell it at an auction for £5000. Black Horse put a default on my credit file (I do not know if that CCJ or not) but I wasn’t able to take any credit for six years and they started to charge me £20.00 a month until year 2010. Black Horse sold the debt to Hillesden securities limited with some advice from the Citizen advice centre I start paying them £1.00 a month as a token payment. In year 2012 for unknown reason I stopped the standing order by mistake. I didn’t receive any correspondents from Hillesden securities limited from year 2012 until November 2015 I received the court letter from there form Restons solicitors. They are demanding £1540 I wrote back to them asking to make a token payment of £1.00 but they didn’t reply back to me and when I phoned them they denied my offer letter. I received N1SDT from the court and they asked me to pay the £1725 court fee included. I offered the court £1.00 every month for six month until my financial status improved but they refused the offer and now I have N30 from the court asking me to pay instalment of £226 a month which I will not be able to afford. I do not know what action to take as I don’t own a property; I am currently in a renting accommodation and already have family financial problems. Do I consider this as a statute barred? I need your help guys.
