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I have a debt under my DMP that is now with NCO Europe I presume they are merely the collectors for the original business-Direct Line Loans. Can anyone offer advice about this? -
Hi all, Bit of background ... I fell into a bit of money trouble back in 2011/12 and fell behind with a multitude of things, which manifested in 7 defaults being placed on my credit file (I know, right?). I'm glad to say that all is reformed, I'm in stable employment, my finances are doing great (aside from not being able to get reasonable credit, of course) and the defaults have started to drop off (3 down, 4 to go). Once I had gotten myself back into full time employment, I settled all of my debts outright. One in particular was a credit card with MBNA/Virgin. I settled this directly with them. On review of my credit file, I noticed that MBNA and PRA Group were reporting two entries for this same debt. I wrote to the CRAs and they removed the MBNA entry, leaving PRA, which is showing as settled. My question is, if I settled the debt with MBNA directly and they registered the default, do PRA still have the right to process my data and keep this default on my file? Surely if any default should have remained, it should be MBNA, since they are the only company I dealt with and the creditor with whom I settled the balance? Thanks for your help!
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PRA DCA Lloyds card Debt -they say un-en but now issued LBA
Brunowales posted a topic in Lloyds Bank
Hi Can someone please advise on whether a DCA can reconstitute a CCA and DN for a credit card taken out in 1999 and if they can use it to enforce in court. Many Thanks -
Hi, I just wanted some advice please. My husband passed away 2 months ago. He had an old santander card which was taken over by capquest. I wrote and told them what had happened and sent a copy of the death certificate. I received a letter from capquest today addressed to my dead husband saying they are sorry for the delay and are waiting for santander to get back to them and they will contact him soon. I am so angry and upset I just want to know who I can complain to. I am going to write to capquest and send the original letter to santander and I also though the fca? Just wanted to see if there was anyone else I should write to or if anyone has had anything similar happen. It's been a struggle to come to terms with my husband's death, it was sudden and completely unexpected. I know dca's are the lowest but this has upset me so much. Thanks H -
Hi guys, sorry, the first half of this post has disappeared. My second question is basically, is it worth sending Vanquis an SAR because they are likely to have made punitive charges and penalties when my card went into default. This is with a view to claiming them back. Thanks, Mikey_L -
Hello. Im not sure if im posting this in the right section: My wife was 3/4 way through her 12 month car insurance policy (second year with company). We wanted to add me to her insurance when she phoned she was told by the lady that as I am diabetic she wasnt sure if I could be added. She was told we would have to ring again next week to find out if I could be added. We thought this was absurd as I have already been driving for over a year no claims etc. We also needed me to be able to drive by the next week took out insurance with another company who insured us both no problems. Go skippy contacted my wife several times for the remaining £35 of the policy, which with one thing and another has not been paid yet. Today she recieved a letter from "ICB - insurance collections bureau ltd" saying "our client has appointed us to recover the amount of £148.20 to prevent further action being taken" My wife has said she will phone go skippy and offer to pay the £35 to them. i told her never to pay a DCA but shes worried etc any advice please ? Thanks.
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Hi all, I cancelled my vehicle insurance over the phone and was told that there was nothing more to pay, which surprised me as I thought there would be a cancellation fee, even though it was only 6 weeks until the policy ended. I then received a letter in PDF format via e-mail stating that I had cancelled my policy with a breakdown of how much I'd paid etc and then it stated that there was a NIL BALANCE. It was signed. I then received another letter in the same format telling me I had to pay a cancellation fee of over £150! I phoned them and they said that this was an error. 2 months later I received a letter from a "Solicitors" (DCA) saying that I owed this amount plus fees. I phoned them and explained, and then e-mailed them with the attached PDF stating I owed nothing. They then replied saying that because the letter stated at the bottom "this is subject to change" then the debt is enforceable but they would speak to the OC and get back to me. They have got back to me saying that the original letter was an error and that I do owe the amount stated. Here is a copy of my e-mails to them and the ones they have sent back. "Dear Ms XXXX * Further to your recent email, we have been in contact with the client and this is the response we have received:* * 'The letter attached to your original email was incorrect, this letter was followed by the attached letter advising of the outstanding balance'* * Please see attached document.* * You have an outstanding balance, therefore please contact us on 01707 XXXX to discuss payment methods, quoting your reference number:*XXXX Kind Regards, * Insurance Collections Bureau. " My reply to them. "Dear sirs, * I have spoken to my solicitor about this and showed him the attached. * He has advised me that, although the original creditor states it is an error, one cannot just send out a letter stating that there is no debt, and then simply decide that there is. The letter is signed and dated. * I therefore consider the matter closed and any further correspondence from you will incur a*charge of £12.50*for my time. However if you would like to discuss this further with my solicitor, Mr. Andrew XXXXXXXX, would you be happy to contact him directly in writing? * Regards, " Their reply: "Thank you for your recent email. With regards to this, I advise you or your solicitor to contact the client directly as we have advised you of their response, we will continue with our process until advised otherwise by the client.* Additionally, we do not have a contract with you, therefore you cannot charge us anything. Kind Regards," My question is, shall I ignore them for now? Or just send them an invoice straight away? I don't believe I owe them anything at all. Also I am considering sending them a section 40 notice (administration of justice act) but I will of course be sending that by recorded post.
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Hoist/Cohen Claimform - cahoot Flexible Loan 'debt'
Musicam posted a topic in Financial Legal Issues
Please help, I'm not sure how to handle this claim and don't want to get it wrong! Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 30th Aug 2016 Date to submit defence = - by 4pm Friday 30/9/2016 What is the claim for – 1.The claim is for the sum of £13718 in the respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxx-xxxxxxxx. The debt was legally assigned from Santander UK PLC to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. 3.The Claimant Claims: 1. The sum of £13718 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 13/8/16 to the date hereof 12 days is the sum of £36.08 3. Daily interest at the rate of £3.01 4. Costs What is the value of the claim? £13718 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? cahoot Flexible Loan When did you enter into the original agreement before or after 2007? 20/05/2002 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. HPH2 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? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Had a Debt Managemant Plan set up with Payplan from February 2010 of which Santander had agreed to being paid £66.27 per month However, they refused repeatedly to freeze the interest unlike the other creditors in the DMP. This was adding around £200 per month in interest in January 2011 I stopped paying the DMP as it seemed pointless as it would never reduce the debt. The original debt was £10804 at the start of the DMP but 11 months later was £13718 due to them being completely unreasonable. What was the date of your last payment? December 2010 Was there a dispute with the original creditor that remains unresolved? Only with regards the interest whilst in a debt management plan Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, as described above. Payplan had requested all creditors freeze interest and all agreed except Santander. Many Thanks. Brief background: In early 2010 after trying to keep a failing business going I was left with various credit card and a flexible loan debts and the combined monthly repayments became unbearable. I entered into a debt management plan through Payplan paying £324 per month to 6 creditors. By January 2011 the business could no longer trade as I lost my premises and then a few months later lost the house. I considered bankruptcy for the first few years but could never manage to raise the fee (about £750 at the time), then as time passed and I lived in various places the letters became sporadic and it was easier to ignore the few that came. I've had plenty threatening court action from all the usual DCA's and nothing happened until now. I was looking forward to another 4 months hoping it would be statute barred but Hoist have other ideas! I've tried to get an idea by reading all the forums but was wondering if I can do a CCA request for a flexible loan? Also, when checking the FCA register the DCA's licenses don't seem to be active - is this relevant and can it be used? FCA license for Howard Cohen (Cohen Cramer Ltd) Current Status: Lapsed , Permissions Inactive 31/10/2015 FCA license for Hoist Portfolio Holding 2 Ltd Current Status: Cancelled , Permissions Inactive 30/09/2015 I have registered with MCOL and done the acknowledgement on the 8th Sept 2016 and stated I wish to defend the whole claim, problem is I don't know the best way to do it. Any help would be greatly appreciated. Forgot to add, the solicitor on the claim form is Howard Cohen & Co, Leeds -
Wonder if BiliffCos and DCA;s will suffer on this one? EU GDPR on data processing regs might make it difficult where a debt and associated data is being passed around freely, also implications for Credit Reference Agencies, and Marketing companies as Data Subject must give explicit consent for the data processing From the article link below: http://www.idgconnect.com/abstract/24102/from-insular-us-firms-spammy-marketers-who-gdpr-hit-hardest ‘Privacy by design’, ‘access rights’ and ‘breach notification’ “One of the changes due to be implemented in GDPR is the explicit recognition of the concepts of ‘privacy by design’ or ‘privacy by default’. Businesses will now find themselves subject to a specific obligation to consider data privacy at the initial design stages of a project as well as throughout the lifecycle of the relevant data processing. Overlay the current privacy requirements in individual countries and you have a whole new box of worms. “Under GDPR individuals will have the right to obtain confirmation that their data is being processed and have access to their data. GDPR clarifies that the reason for allowing individuals to access their personal data is so that they can verify the lawfulness of processing. This in itself will pose huge challenges for organisations with the whole process of giving access to data subject and providing proof of legitimate processing. “This will incur the highest fines stipulated in any legislation. Organisations are notoriously bad at detecting breaches and the average, only 20%, are detected by organisations themselves, the rest are notified by third parties.” Rashmi Knowles, Chief Security Architect EMEA at RSA -
Early last year my husband received a county court summons for £11,500 for a credit card debt sold on to a DCA. He replied and defended the action on the basis of the limited information on the summons and that he was awaiting a reply to the CCA letter sent to them on the day the summons was received. He never received a copy of the CCA, just a letter from them saying the debt was no longer enforceable and they could not proceed any further through the courts, but would he please call them to discuss a repayment plan. They also promised to forward the copy of the CCA. That was over a year ago and we are still haven’t received the CCA, but what he did not advise them was the debt would not really be statute barred until last October , three months after their letter. Move forward to now, and I have received a letter from the same DCA and they are chasing a debt for £8.250 for a card of mine. This will become statute barred in the middle of August when it will be 6 years since the last payment. I received a letter from them dated 6 April but not received until 12 April, saying if I did not contact them within 14 days they would commence legal action. My understanding of statute barred debts is they expire six years after the last payment or admission of the debt and the creditor has until this time to obtain judgement. Is this correct and can the DCA request to the courts an extension this period for the time it takes to transfer to a local court and to a hearing? The default for this will expire soon and I am l keen to keep as clean a record as possible after eight years of financial misery. I appreciate I am morally wrong but this DCA will have purchased the debt for peanuts, -
My first contribution to this site. I owe the Co-operative Bank money on a credit card and had problems with repayments. They were being quite unpleasant about it (I had asked for a 'breathing space') in one week claimed to have passed my debt onto a collection agency and then said they were taking me to court. I wrote to the CEO Niall Booker and he sorted things out and I received an apology and a cheque for £75. its worth going straight to the top. I also discovered that Phil Burrows who I received a lot of post from doesn't actually work there anymore! Is this normal for a bank to continue using the name of an ex-employee on their letters? Does Phil Burrows know? -
Hi I am new to the forum but have been looking at similar posts etc to try and get my head around my situation etc. This site is incredible and has given me the confidence to fight my alleged debts. I entered a DMP in 2004 as got into financial difficulty due to numerous factors. all the debts were obviously taken out prior to this probably late 1990s or early 2000s at the latest. I have dumped the DMP as 12 years on nothing seems to have changed. Was originally told that I would be debt free in 6 years but that's another story. I have SAR'd the DMP company. I am sending CCA requests for any credit card/loan debt. Also have a overdraft debt with Lloyds - sending then a SAR. List of debts below any advice greatly accepted. All below defaulted 2004 M and S Loan now Robway £8k Halifax CC now Cabot £4.5k Lloyds CC now PRA Group £4k MBNA CC now Link £4k Barclay Card (EGG) CC now Cabot £3k Barclay Card (Morgan Stanley) now Link £2 Capital One CC now Lowell £2k Lloyds Loan now Cabot £580 Lloyds Loan now Apex £400. Also my DMP provider put my Lloyd's current account/overdraft on the DMP without informing first saying because I had debts with Lloyds on the DMP then I couldnt bank with them - that was in 2007. I am more than capable of handling the CCA requests etc but will probably need some help with checking the agreements when they come back. Also seems like the DCA's are escalating a lot to court these days. Again I will have no issue defending any claim that can be defended with some assistance if possible. Thanks in advance.
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Hi, Just wanted some advice/reassurance so I can be prepared when eBay's dca try and contact me please. Sold a car in November, buyer didn't pay or collect. He bid and won the auction at £350 then messaged me to say he'd just checked and only had £230 in his bank account I opened a dispute and he never responded. Once a certain amount of time passed eBay automatically resolved the dispute in my favour and said they would refund seller fees. To be honest I thought that meant all seller fees. through December I've been getting reminder/suspension emails to pay £10 fees (listing fee I think) I started a new job which pays 2 months in arrears so I've had nearly 2 months without being paid and obviously had to prioritise my spending I removed my automatic PayPal payment. In fact I think I may have removed automatic payment when the dispute was open but the guy wasn't responding to stop them taking £45 when he wasn't going to pay. To be fair I was quite annoyed about paying anything in the first place after getting messed about. I had a voicemail and email yesterday from transcom. The email said I owed £18 (£8 fee on £10 "debt"... I don't think so...) I logged on to my eBay account today and had a message from them yesterday, same day of transcom email saying pay today to avoid further action. my dad lent me some money yesterday to tide me over till payday I've just been on and paid eBay direct and my account has now been reinstated and showing a balance of zero. What do I say to the dca now for them to leave me alone? They've tried to ring me again this evening. I don't want to be continuously contacted or them to mark my credit file for the sake of £10. Thanks
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I have just got a letter from marston they apparently hand delivered it. So they came to my house . but i have NEVER received any court papers from any court. The debt is from marlin financial and originally from HSBC many years ago. What should I do? -
Hi all I had two ccj debts with Aktiv Kapital which have now both passed the 6 year point. Both had interim charging orders on my house. I paid off one of about £3k and had the charging order removed. They very kindly also sent me a receipt to show that the other debt was clear (which it wasn't) I forwarded that to the court and had the other charging order removed. I moved house a year ago and I am still paying £20 a month to Aktiv Kapital. Any thoughts about what they could do if I stop these monthly payments? The CCJ wasn't really settled although they gave me a receipt and I moved house. I am tempted to let sleeping dogs lie but equally I wouldn't mind asking for a refund on the £20 that I have paid for the last 12 months. I haven't heard anything from them and they don't have my new address yet. How clued up are they? -
Hi I have 2 debts that were started in approx 2006 one barclaycard PRA group sold to these in 2015 one abbey loan now with Cabot. both been in a dmp since 2010 and I've been paying monthly to a company. I've stopped that now and I pay direct. But what I was wondering is do I send a CCA to the company which have aquired these debts. One is PRA group sold to these in 2015 and the loan is now with Cabot. Cabot is off credit file and PRA group shows are arrangement to pay as Barclays didn't default me early on like abbey
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I've actually put the whole question in the title. I am repaying a debt which went to court mediation and I signed a Tomlin agreement. Over a year later the DCA sold it to another DCA. For about a year the new DCA accepted my payments but are now writing/ attempting to phone/ wanting me to phone them, and saying there is not an agreement in place. I have written a letter of complaint, and am waiting their reply. But what is the LEGAL situation of my Tomlin agreement and the new DCA? Thank you -
Hello I am "tidying up" my credit files! In January 2007, I received a Default Notice for a Barclaycard account. A few nominal payments were made and then, since June 2007, I have been paying a regular monthly amount, without missing any payments. My credit file with Noddle shows that this account is under "an arrangement to pay" and does not show the Default. Additionally, some of the monthly entries, although showing "AR" for all months, also state that "the lender hasn't been able to give the account status for this month". The Balance History is reducing monthly, in accordance with the payments made but the Payment Amounts recorded on the file do not reflect all the monthly payments, and the Statement Balances shown are all for the same amount, the Balances do not reflect the monthly payments and the Balance History. I have raised a dispute with the CRA. Am I correct in thinking that, as I received a Default Notice in January 2007, this account really should not be shown on my credit file now? What is the best course of action to get it removed? Thanks t
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hi I have uploaded 2 letters that I have received from robinson way. the first asking me if I lived at an address in Cyprus. which I did from 2006 until 2010. the 2nd telling me that I had a debt owed to HPH2 (ex Lolyds overseas) for £3037.00. I did have a loan in 2004 but due to loss of job while in Cyprus could not keep up the payments last payment was early 2007. since then had on contact with anyone regarding this debt until 2 weeks ago 1st letter. then the 2nd letter today. note on the 1st letter theres no mention of them being a DCA can you advise me on how to deal with this please Thanks
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Following from my previous thread about FF from Mint http://www.consumeractiongroup.co.uk/forum/showthread.php?394344-Full-Final-Settlement-offer-MINT&p=4261712 I had a refusal letter from Robinson Way on my Barclaycard. I have sent out CCA request so will be waiting on them for this. £3000 - Barclay credit card, Robinson Way Ltd (Showing on my credit report) - when was you last payment? & the defaulted date please? Through DMP once every month, Defaulted on 01/11/2007 for the amount £4,423 funny it shows me at 8 late payments for the last 6 years!! I offered them 25% as goodwill but seemingly they feel I owe more. Thanks, Neo.
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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. -
Hello, I left my last job nearly three years ago. I have chronic health problems and the long hours I was working were making things worse (I did around 10 hours a day - it was not unknown for my to be sending emails at midight on a Friday night, and any overtime was unpaid). When I left, I had to chase my former line manager several times for final payslips and my P45, which arrived a couple of months after I had left. Apparently he didn't know how to put them in the external post. Several months after I left, I received a letter to transfer my pension to a new provider - I had been in the previous scheme for less than a year - and put the letter aside, intending on filling it in. I was still battling with health problems and it several months later and after a change of medication that I started to feel better. (Health problems can be evidenced with blood test results and hospital letters.) A year later, I found the form and contacted both my former employer and pension provider to ask whether it was too late to transfer. After a bit of messing about and being given conflicting information, I was eventually told that it was too late and that a refund of my contributions had been made. I hadn't received any refund and it was then, nearly two years after leaving the employer, that I was told that I had been overpaid and they were demanding over £1000. I wasn't aware that I had been overpaid and received all monies in good faith, so this came as a huge shock. I asked for a breakdown and was given a convoluted spreadsheet. I've asked two people, one of whom works in payroll, to check the figures and they're also confused and suspect there are errors in the calculations. I asked for a further explanation but my former employer continued to send the same information and used phrases such as "you must pay". It was suggested that I claim estoppel, which I did earlier this year. My former employer then passed the case on to a debt collector who then tried to pick holes in how I couldn't have known that I was overpaid. They then passed the case on to what appears to be a sister company (same address, a couple of the directors are the same) and I have received my second demanding letter from them. This one gives me 21 days to pay the amount plus an admin fee, which seems to have reduced from £45 to £25 and says "our Client can progress with legal action without any further notice ...". I'm finding the situation quite stressful. Any advice would be gratefully appreciated.
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I have recently been doing some research into legalities of purchasing debts and enforcing them.. From what i've read online and social media sites When a DCA purchases your debt you do not have a contract with them. you run up a bill with BT avoid paying for 3-4 years then lowell/cabot etc crawl out of the woodwork and decide to chase you for said debt.... however technically you never entered into a contract with lowell/cabot etc only the original creditor when you ask for documentation regarding your contract with said DCA they can only provide you with copies of the original contract with the original creditor which is no longer your debt as the DCA has purchased said debt. in effect the DCA has paid your debt off for you you have no contract with the DCA therefor do you have to pay?.. .. i challenged Lowell a few weeks back and guess what they agreed that my account was indeed paid off and no longer worth them chasing me for it, it wasn't statute barred by any means just me challenging them.. I can post the letter I received from Lowell to show you how i did it and if someone could give me their input on what i've done or simply remove my post if moderators do not agree with it -
Can someone please offer me some advice on ths matter please, i have some registered defaults on my credit file from credit card companies for the last 3 years, i am in a dmp with payplan with who i make a token payment to all companies as i am unemployed. I have written to all card companies asking for my cca, some have replied that they cannot find any paperwork and that the account is unenforcable, and others have said they cannot find the cca and will suspend payment to the account until the cca is found. 1, what is the position on this, do i carry on paying them or just stop until they find the paperwork,if they ever do? 2, if they dont get back to me until after the 6 year time period for the defaults has elapsed, and the defaults are removed , what then? 3,if i was to be given a cash sum to make an offer of a f+f payment to all is there any benefits to pay them off now,before the 6 years, if accepted, or just keep paying the token payments until the 6 years has passed and defaults are removed anyway, am i still liable to keep paying after the defaults are removed, until the total debt is repaid, as at this rate it would take me 25+ years to clear with the token payments, i make to them. THANK YOU FOR ANY ADVICE ON THIS MATTER
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Hi, I know this post is 4 years old but it's the only one I can find with the answer I'm after. Do you have a link or file to the letter before action you wrote for me to pilfer? Cheers Paul
