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  1. Hello, this morning received a Claim Form from Bryan Carter. Claimant: Lowell Portfolio Limited Date of issue – 15/5/2015 What is the claim for – The Claimants claim is for the sum of 2253, being monies due from the Defendant to the Claimant under an Agreement regulated by the Consumer Credit Act 1974 between the Defendant and Lloyds under account reference xxxxxxx and assigned to the Claimant on 30/6/2014, notice of which has been given to the Defendant. The Defendant failed to maintain contractual repayment under the terms of the agreement and a Default Notice has been served which has not been complied with. And the Claimant claims £2253 The Claimant also claims statutory interest pursuant to S.69 of the County Act 1984 at a rate of 8% per annum from the date of assignment of the Agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 157. What is the value of the claim? £2595 The claim is for a current account/overdraft I entered into the original agreement in 1989. It is the Debt purchaser who has issued the claim. I did not receive a Notice of Assignment. Did you receive a Default Notice from the original creditor? Not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No. Why did you cease payments? Had to stop work to care for my wife who was seriously ill. What was the date of your last payment? May 2011 There was no dispute with the original creditor. Did you communicate any financial problems to the original creditor? Yes I explained my situation to Lloyds (where I had banked for over 20 years) and they said they would not pursue. I have printed off a CPR31.14 request to both Lowell and Bryan Carter. I used the template for current accounts. I haven’t posted these yet. I haven’t Acknowledged Service yet either. Will wait for advice on here before I proceed further. My wife became very ill in 2011 and I had to stop work to care for her. I ended up in a lot of debt and the defaults on my credit file amount to about £18k. None are from the original creditors. My wife had lifesaving surgery last year and is now finally on the mend. I’m hoping to get back to work soon (been living on carer’s allowance and her DLA) but I’m worried that all the creditors are now going to jump out of the woodwork and we will be going back to work with huge debts hanging over us. We are both pushing 60 and don’t want our pensions (in 7 years time) to be eaten up by these debts. Thanks in advance to anyone who can help. Thanks x
  2. Hello All Firstly thank for help in my other posts. Just to make things worst came back home and found claim form from bryan carter regarding lowell related to Lloyds. quick info: name of the claimant: lowell portfolio i ltd date of issue: 9th october 2015 particulars of claim: "the claimants claim is for the sum of xxx, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds under account reference xxxxxxxxxxxxxx and assigned to the claimant on xxxxxxxxxxx notice of which has been given to the defendant. the defendant failed to maintain contractual repayment under the terms of the agreement and default notice has been served which has not been complied with. and the claimant claims xxxxx the claimant also claims statutory interest persuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to maximum of one year a maximum of..." value of the claim : 1300 - current account/overdraft i did not received notice of assignment, notice of default sums, anything except demand of payment from time to time from different dca. before i came back home i posted letter to bryan carted with information that debt is staturatory barred under limitation act 1980. i checked my files and last payment was made back in 2009 and payment demand from Lloyds was also in 2009 besides if oryginal entry regarding this account vanished from credit report it must be over 6 years am i correct? well cant check it atm because Lloyds account just vanished from my credit score and i got some document at work so will confirm that. what i should do next? acknowledge and fill out defence based on SB or proceed with defend in full like other people ? im bit confused...? thanks for help guys lowell claiming that account was defaulted in 2010.
  3. I bought a pair of unnecessarily expensive sunglasses because I felt like treating myself. At first, I put my order in and my available balance updated from 254 pounds to 74 pounds. I wait a couple of days, after contacting customer support about an issue I had involving the status of my order, and if I could amend it, and my balance is still the same as above. There was no record of my payment being refunded in the message from customer support. 1 Day after this contact, and now after receiving my purchase, my current balance had not changed from 254, but my available balance had went back up to 254 pounds. Does this mean I have not been charged? Have I been refunded? I'm writing this because I have no knowledge of delayed payments, and am worried that I'll have to keep a close eye for a random payment. There is also no notification of a transaction taking place in my transaction history for my online banking page. I'm 17, and this was a gift to myself, and I'm now worried that I'll be charged a couple of months down the line and forced into overdraft. Any help or knowledge on this kind of situation would be extremely appreciated. I have no general knowledge on consumer rights or whatever this whole situation involves. I just want to know if I'll be charged sometime soon because this has never happened before. Edit: Also, almost every transaction I've done that was done straight through the bank and not Paypal, was removed instantly. This purchase was made with my debit card, not through paypal.
  4. Hi all, please can someone advise? I opened a Nationwide current account in January 2009. I had an overdraft limit of £1000. By June of that year I was in financial difficulty and the overdraft went over it's limit. I think it went up to about -£2K. I've always been scared of confronting debts and did my usual burying my head in the sand. Nationwide closed the account and demanded repayment and I ignored it. Since then every so often I get letters from various DCAs demanding payment but I've ignored them. More recently a company called Redhill and latterly MKDP have written wanting me to set up a repayment plan, which I've chosen to ignore. This week MKDP wrote to me saying they've done searches with the CRAs and other databases and have reason to believe I'm still at my address and they are instructing their pre-legal dept to review the account blah blah, with a view to CCJ. Help!! What can I do? I'm a year off this being statute barred. Is there a way to delay things by putting it into dispute? The debt now stands at nearly £8K - mostly made up of charges put on by Nationwide before they sold it. How can I legally challenge this? If someone can point me in the direction of the letter I perhaps need to send to stop them in their tracks it would be much appreciated. Thanks in advance.
  5. Hello, I am a newbie here. Hi, curious to know what Difference Between the current default Balance is? I have 3 defaulted account 1 shown the Default Balance as 2198.37 & the Current Balance as £2002.56 The Other One Shows the Default Balance as £567.00 but The Current Balance As £577.00 in the Third one both the Default & Current is the same . but I have not Acknowleged it or made any payment to any of them since the Default appeared. what do these mean? Current vs Default and in the context of my file . P.S : I noticed these Balances changed somewhere during the last year one's current balance went up the other down Kind Regards,
  6. Halifax are trying a different angle with me it seems. Name of the Claimant: Cabot Financial Ltd Name of Solicitors: Restons Solicitors Ltd Date of issue – 28/9/15 Defence due - 31/10/15 What is the claim for – the reason they have issued the claim? The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Halifax dated on or about Jan 13 2006 and assigned to the claimant on Jun 27 2014 What is the value of the claim? £4594.12 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before I believe Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim - Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Dont remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Lost Job etc What was the date of your last payment? Not sure Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt Management plan? Yes Am I right in thinking that I now need to send a CCA request and a CPR31.14 request as per your previous help. Much Thanks
  7. Packaged accounts are current accounts that have ‘benefits’ attached. Such as Travel Insurance. It is a good way to obtain Travel, Mobile or breakdown insurances. However, you might be able to get these cheaper elsewhere and those included in the packages were not always beneficial to the customer. However, for this type of account, a monthly fee is charged, usually about £10 - £25.00 per month. – Doesn’t sound too much when you say it like that, but say £120.00 - £300.00 per year and that could be quite substantial. If you made a decision to take a packaged account for these benefits then all well and good. If you didn’t, and were advised that this was the only way you could have a mortgage or other type of loan, credit card or overdraft with your bank or it simply appeared – then you were mis-sold. If you were mis-sold, then you can reclaim:- Reasons for mis-selling You didn’t know you were paying for this type of account and don’t remember ever agreeing to having this account. You were upgraded without your knowledge. You were told you would be eligible for travel insurance but later found out this wasn't correct. You weren't told you wouldn’t be eligible for one or more of the insurance policies. You were told you had to get the account in order to take out a loan / overdraft / mortgage. You were told you wouldn’t be eligible for the Banks' fee-free accounts and had to get one. You weren't told there was an alternative, free account. You tried to cancel the account but the bank wouldn't let you . There is a draft reclaim letter in the CAG library. HERE Ideally you should fill out a copy of the statint.xls sheet HERE Please start your own thread in the appropriate Bank Forum to chart your progress and to ask any questions we might not have covered. This is not to be used for Bank Charges and/or unfair interest
  8. Mistakes were made when i was younger and i got myself into debt. When couldn't pay them have come chasing, and me being stupid ignored them, they been round in circles for years now. Usually i bin the letters (stupid i know). owe to different creditors, 8 in all. 3 to Lowell i think. The smaller of the 3 has come to light £900.18. I'm starting to panic, as this seems pretty serious now. Letter reads: We have been instructed by Frederickson International Limited on behalf of Lowell Financial Limited to issue court proceedings on 07 Feb 20114 if payment of this debt is not received by us by that date. If proceedings are issued, solicitors costs, court fees and interest will be added to the amount you owe and will be enforced against you if a Judgement is subsequently obtained. You must contact us on *number here* before Feb 07 2014 to make payment if you wish to avoid the matter going to court. And you know the rest. I think the last payment i made to the debt (don't even know if it was Lowell as its been passed around) was around April 2008. What do i do? Many thanks, Tim.
  9. Hello Folks, I have about 4 Defaults on my credit report. A friend told me i can negotiate by offering 10% of the money owed to each of them. In turn, they will remove my name from credit agencies. Is this true? Please assist.
  10. Hey this is my first thread but i've been following closely in the background for a long while. I'm not sure if this should go here or the scottish debt forum :/ Hbos have a default registered on my current account dating back to an alleged debt that was last acknowledged in October of 2009 by way of a transaction by myself. I had forgot all about this until recently when I checked my credit report on Noddle so in response knowing the age of the account I fired off the template provided on here for debts affected by scottish law. In response I received this back: I therefore raised a complaint to the Financial Ombudsman outlining the same complaint and informing them of the response and failure to comply with the relevant legislation/financial guidance. This was the response from the ombudsman: So rather than appealing via the ombudsman, following their failure to make a decision based on the actual complaint of hbos pursuing a statute barred debt I emailed a complaint to Antonio Horta-Osorio(CEO). To which I received the following reply: So I'm kinda lost and not sure where I go from here... any help would be appreciated.
  11. http://www.independent.co.uk/news/education/children-starting-school-now-could-work-to-100-and-have-40-jobs-a6683266.html Some are predicting that people currently in school may have to work to 100. Not sure what they will be doing ! I can see the state pension age being increased gradually, as the numbers of people drawing money makes it too expensive. What i am doubting is the health of future generations as they are not as physically active, as past generations. Yes healthcare will improve, but there is an increase in dementia and things like diabetes. Also healthcare costs will increase and i am not convinced NHS will remain free at the point of access. From my experience some people do live currently into their 80's or 90's, but they often suffer from many different medical conditions and can end up in care homes, where they start to see quality of life decline. I could not imagine any of them, being fit to work, even part time.
  12. Don't know how these were missed. http://www.fca.org.uk/news/tougher-rules-for-payday-lenders-take-effect
  13. I have come to the conclusion that the current government are on a journey towards rebalancing the debt situation, government versus private. In the Budget before the election, there was a clear sense of direction in increased private personal debts and to reduce government debt. We have since seen student grants converted to loans, with students now expected to leave University with about £50k of debt. There has been an increase in Bank lending to people, with credit cards and loans more available than they have been for years. Lending for buy to lets has also seen an increase with record amounts borrowed. Average house prices are now predicted to increase by 5% this year. With the welfare cuts, we may well see people taking out credit. It may well be that the government and Banks are trying to increase profits in the finance sector, so that this benefits the economy and government gains tax revenues. But this risks another financial bust within 10 years, if there is an issue affecting economies, where people cannot repay finance. The question is whether the current government are repeating the same mistakes as before i.e too much personal debt being racked up, a temporary boom that cannot last and a bust when it goes wrong.
  14. I wondered if any one could comment on the following regarding timescale for retention of old account details. If a credit card account was taken out with ppi in 2000 and defaulted due to financial problems, passed to a DCA in 2006 and eventually paid off and closed in 2009 - Would the 6 year limitation start from the date it was passed to the DCA ? I just need some clarity if possible, if anyone knows. Cheers Baz
  15. Hello people, I'm in a financial quandary here and need advice about how to go about sorting this out - I'm slightly bitter, I admit and I am up to my neck, frustrated, depressed and broke. Simply, I have a current account that was changed from a student account - The bank automatically changed it to a graduate, then to a current account afterwards. Obviously, as a student, I went into my overdraft, not really planning ahead and looking to the future - You do think that you'll leave university, get a job and pay off your debts. However, after university, most of us realise that there are thousands of other students in the same position and it's like a game of musical chairs for jobs. Anyhow, I'm at the point now where the bank are charging me over £20 a month for my overdraft charges, I'm sure it was all in the small-print, but as I say, you don't think about this do you? - To put a finer point on it, these overdraft charges are killing me and as a result, the £6 charges for unpaid DD's are (and have been) snowballing for months. I now find myself in a difficult position where as soon as my meagre living money goes into my account, after the bank have took their cut, I'm left up in arms and to be honest, aside of the fact that they are 'in the right' to take these costs, I'm highly ****ed off and frustrated, but what are you going to do? Anyhow, I'm thinking that I need to sort this out - I have reclaimed my bank charges on another current account I had with them, which has since been closed, so I can't do it again for this account - and I guess I just need to know my options. Any advice would be greatly appreciated.
  16. Hi, I am hoping someone can advise me can I defend or challenge County Court Claim N1CPC issued by Restons Solicitors on behalf of Cabot Finance on 10th November 2014. The claim is for £10k overdraft on a gold current account that was originally held with Lloyds TSB. I am in this mess because I was made redundant from my Job, diagnosed with depression and unable to work for two years. At the time I opened my account in 1995 I had an overdraft facility of a few hundred pounds (£200). The facility was supposed to be reviewed every two/three months but never was. I was also obliged to take out CPP card protection. The Particulars of the claim are as follows: 1. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds Bank – Current Account dated on or about Oct 12 1995 and 2. assigned to the claimant on Jun 17 2014 in the sum of £9918.09 Also what are my other options? Do I offer a payment plan and how can I do this without having a CCJ entered against me? Please help.
  17. i recently had a claim from a county court the poc are vague it simply states; On or about you owed the money under a "contract" between the bank and you for a current acc. i put a defence in to the court stating i knew nothing of this debt asked for copy of assignment also copy of agreement/contract, the debt company wrote back with copy of assignment from bank also one from them(first id saw any) it also stated a current acc has no credit agreement, terms and conditions would have been provided, once id used the account i would be bound by them this forming a contract. i did have cpl account years ago which i tried to reclaim ppi and charges, they paid out on another account but refused me on the current acc which had o/d facility, i queried this as far as i was aware the account was in dispute i was sure at the time they owed me more than i owed them which i repeated to several other debt collecting company's who all ceased correspondence, not heard any more for a good time now, this claim came out of the blue, after reading many threads im wondering if i would be right sending a sar request to the bank or to this debt collection company; also as poc says owed under a contract which they dont seem to have should i write back to the court stating this as it seems misleading to say the least, i would very much appreciate some advice which way to go many thanks
  18. Precis of letter from Restons this morning Marlin Europe v NM We are instructed by Marlin to claim immediate payment from you of the outstanding balance plus interest as appropriate. We must ask you to pay xxx by Feb 6 we have strict instructions to issue a CCj Our client may be prepared to accept installments by filling in an I&E Receipts will not be given unless you enclose an SAE They draw my attention to an opportunity to clear account at discount settlement figure (but give no details) Sincerely Sharks Whats my next step?
  19. Switched my joint current account from Nationwide to the Co op in November 2014, switch completion date was about 14th November. I had written a cheque a few days before to pay my credit card bill using my Nationwide cheque book as I had yet to receive my Co op bank cheque book and posted this to the credit card company. The switch completed on the due date and I received a letter from Co operative bank confirming this. On 9th December 2014 I looked online at my credit card account and was horrified to see that my payment had been reversed, because the cheque I had written had been dishonoured and a £13 late patment fee had been charged. I have pursued a complaint with the Co op bank who dishonoured my cheque and they have issued thier final response which confirms that the cheque was dishonoured due to a bank error, they have offered an insulting £100 in compensation and provided me with a "To whom it may concern" letter for me to use in correcting any damage done to my financial reputation with my credit card company and the credit referance agencies. I thought that under the current account switch guarantee the "new bank" was supposed to put right ant damage caused due to it's error. Seems like the Co op bank sees things differently. My choice now is either proceed to the Financial Ombudsman or make an appointment with a solicitor to sue them. What is the best course of action ?
  20. Where do I start... There is a Current account in my name dating back to the very late 90's when I was a student. I had many accounts during university, taking advantage of the many overdraft facilities on offer at the various banks. Hand on heart, is this account mine? I honestly don't know. At one stage the debt of circa £3k was being managed by Apex Credit Management. I was young, naïve, conscious of credit reports as I was in the process of buying my first house, and so I relented and started a payment plan with Apex in say 2003 to 2008, the debt now stands at £2.6k. As I became a little more clued up, not as much as you all on here, I asked Apex to prove the debt was mine as they had bullied me in to paying. I sent off the £1 fee and nothing came back. The debt recovery was eventually stopped, and the account reverted back to HSBC. Earlier this year HSBC contacted me via letter and said the account was being dealt with by Lowells, then Hamptons (I think), and when I pressed for proof that the account was mine, HSBC quoted the 'statute of Limitations Act' saying they do not keep records beyond 6years, furthermore, my time to dispute the matter with the Financial Ombudsman had expired as their letter of this year was over 6mts old, coincidently, Lowells letter to me was the day after the 6month time limit had expired. Do I have to pay this debt? Will it show on my credit report? Any advice would be welcome.
  21. Hi, 7 days ago i sent Lloyds a claim for around £3600 which is made up of overdraft charges and interest and just received an offer of £1800 from Lloyds, they also said they would use it to clear off my outstanding balance of £2300. They also state that the debt was sold on to a recovery agent. Should i except their offer?
  22. Hi everyone I am here on behalf of my mum and I would really appreciate some help. My mum is 67 years old and lives off a basic state pension and some pension credit. She is a home owner but has no savings. Prior to 2007 she had a basic, non-fee paying current account with the Halifax. In 2007 she was advised by Halifax staff to open an Ultimate Reward current account. Like many pensioners she struggles to manage on her pension and she was told that she could have a "free" £300 overdraft which would help her if she opened the Reward account. As you know, the Ultimate Reward account offers "perks" such as emergency home repair cover, AA breakdown cover, mobile phone insurance and travel insurance. I must point out that my mum doesn't drive and therefore doesn't own a car, she has never owned a mobile phone and she is unfit to travel due to health reasons. The only thing she could possibly benefit from is the home emergency repair cover. She was never asked whether she drives, owns a mobile phone or travels. As time went on she went further into the £300 overdraft but never went beyond it. She had cause to contact the bank in March this year and the staff member told her that they could extend her overdraft to £350 to help her manage. In April the same thing happened; she contacted the bank to check her balance and was told that she was almost at £350 into her overdraft but fear not, they could extend it to £400. My mum just pays her way and has never had any debt, nor has she ever had a loan or mortgage. In June this year she was diagnosed with cancer and is now recovering from a major operation and has thankfully had the all clear. Nevertheless she has had a pretty tough time of late. I have never interfered with her finances and I only get involved if she asks me. When she went into hospital in June she gave me her bank card and asked me to pay a few bills etc for her. I was horrified to see that she had an Ultimate Reward account. When I asked her if she realised just how much she was being charged for this she didn't have a clue. I know it sounds ridiculous, but she didn't even know about the "perks" and she didn't realise that she was paying for her bank account - I think it used to be £10 per month but it's now £15. On top of that is the amount that she is paying for having an overdraft of £400. The first £300 is free and beyond that she pays £1 per day, for every day that she is over £300. I know she has been silly and very naïve but that's my mum I'm afraid. She likes the staff as they are always nice and friendly on the phone...grrrr.... Now that I have explained to her that she has a debt to the bank that she can't get out of due to massive charges each month and that she is receiving "perks" that mean absolutely nothing to her, she is beside herself with worry. I am trying to find the agreement that she signed when she opened the account but as yet I haven't been able to locate it. I have established the exact date when she opened the account. I also have the dates when the overdraft was extended. I made an appointment at the Halifax and attended with my mum on Monday. I asked the staff member to close the account but she said it couldn't be closed until the overdraft was paid. I asked if the debt could be treated as a loan which my mum could pay back at a fixed amount each month, but the lady said this wasn't possible. So until the overdraft is paid my mum is stuck with the account (and the monthly fee for the unnecessary perks). I took my mum to another bank yesterday and she has opened up a new current account for her pension to be paid into. All we can do for now is try to pay money into her old Halifax account each month to clear the overdraft, but obviously she will still have to put enough in each month to cover the cost of the account itself. If I had the £400 myself I'd gladly give it to her, but unfortunately I don't. I'm sorry this is so long but I really would like to know how to proceed from here. I feel this account was mis sold to my mum from the start and I feel she should be reimbursed the fees. Do I complain to the Halifax first, or do I go to the Ombudsman? What do I say and how do I word it?? Do I need all her statements since she opened the account, or do I just ask for the fees back and trust they will calculate it? I am so angry that they have taken advantage of my mum who is so trusting and yep quite naïve, but who has never been in debt in her life and who has been throwing her meagre pension at the Halifax bank who don't give a flying fig how much she is struggling. I will be so grateful for any help that anyone can offer me. Many thanks in advance.
  23. Hi, long story short, I am currently on benefits and have been since April of this year. My previous employer has now agreed after a long battle, that I was underpaid for the last few years and is paying me the difference between the pay that I actually received and the wage rise that I should have received, for those previous years. However I am concerned that they will give it as a wage payment, as if it is earnings for this year, when none of it would be applicable to this tax year since I have not received any wages in this tax year only benefits. So does anybody know if my current benefits might be stopped or affected because of the backpay? Thanks for any advice.
  24. Hi I want to know if I have any claim ( like many other people ) with Lloyds Bank. Between 2004 and 2013 me and my wife were charged on our joint personal account £10,189.56p in fees made up from: - overdraft interest - overdraft excess fee - overdraft usage fee - unpaid direct debit and GOLD account charge. We did have o/d on the current account of £2700 but it was hard to keep it in check as the business we ran never performed well. We had several " relationship managers" over the years, they managed both the business account and personal account and on a few occasions we did express my alarm at the charges. Should I : Write to Lloyds and seek a refund Go to the FOC Take a legal route or Wait to see if there's further development in the High Court next year Marti.
  25. Hey, I recently applied for a job which was way above my pay scale but very similar in responsibilities. Stupidly, I inflated my current salary slightly so it looked more in line with the new position. Now I've been offered the job and background checks have started. I'm concerned that my 'white lie' will be discovered. I have found the following thread info on the subject.. Is this correct? http ://uk.answers.yahoo.com/question/index?qid=20110820063708AA7O9OH References normally NEVER include salary details because that would be against the Data Protection Act. Your last employer cannot reveal your financial information to anyone else unless you authorise them to. Thanks!
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