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  1. Halifax mortgage. never missed payments until last year. my deal allowed for a repayment holiday. went into branch explained in difficulties, was given 3 months 'off'. may, june, july. my situation hadnt improved so then missed August. Saw their field agent [charged for] who took full statement of particulars etc; and i asked for help via interest only option. i made the payment for September. Eventually got letter confirming a reduced payment for oct, nov, dec. i took this for an interest only due to the figure offered. however struggled so hence the reason for Court possession hearing. based on their Court papers and then Witness statement, i have communicated via email with the solicitor stating i dispute the amount claimed [they have included the 3 months holiday and also the full amount rather than interest only amount for the oct-dec]. plus they state they dont know my circumstances etc, yet they have the field agents report, so they were inaccurate in their claim. i also stated that i felt their 3 month interest only offer was short sighted and not dealing with my request for long term help; as discussed with the field agent. additionally i was getting arrears letters and new payment amount letters during the oct-dec [harassment?]. i asked for the arrears to be added onto the mortgage [plenty of equity] and an interest only option for 2 years to allow me time to get back on my feet. they said no. they now say the 3 months holiday was just an 'arrangement' and not a formal payment holiday and the reduced payment was not an interest only option, just a reduced payment arrangement. hence how they have arrived at an arrears figure of c£6k based on the full monthly amounts, where I calculate it at approx £3k based on the holiday and reduced agreed amounts. their own criteria as i have now found out is that they can offer such a facility, interest only, but only if 6 months of full regular payments have been received., and only after another income/expediture provided. i have stated they have one from end august, paid for, and nothing has changed !! hence why i am in this financial position and asking for help. i then asked if i was to make 6 months payment at the full amount, knowing that financially it will be a burden, would i then be allowed to drop to interest only for 2 years and the arrears added onto the term. the response from the solicitors was that they would accept that proposal, but ask for a suspended possession order and also want a full inc/exp before confirming acceptance. BUT for any interest only and arrears consolidation i would have to discuss direct with Halifax.!! [they are on a direct computer link with halifax/BoS]. Additionally in their witness statement they state they have followed protocol to assist blah blah blah, including offering reduced payments and consolidation of arrears. I have replied stating that i am unhappy as there is no guarantee after financially struggling for the 6 months to comply with their own criteria for qualification for an interest only mortgage, they will be any more helpful than at present [words of that effect] due to their lack of flexibility. Also they have NOT offered consolidation of arrears, as they claim, even after my requesting it through my own proposal. Therefore i have advised them that the more sensible proposal is that which i originally asked for, 2yrs interest only with arrears consolidated/added to term., as that is a more financially viable, sensible and sound option and I will be attending Court to reiterate that offer. So.......... if you got this far !!! i have no faith in the court system [even longer story] to the point they make me physically sick but obviously have to go on friday. all my emails were marked without prejudice and i also referred to my right to produce/use as evidence in Court. Tomorrow i will print out [x2] copies of all my emails etc and create my own witness bundle and hand deliver to the Court so that the judge has it on file - i will email copy the solicitors also. If any thoughts or advices as to any case law i can refer to etc etc, i would be grateful for....... sorry so long winded but just decided to share this worry.......... THANKS !!
  2. Hi, I've just noticed on my newly issued credit report that two debts, which were settled years ago, have mysteriously appeared. One belonging to BT, which I believe I addressed here for 200 odd and the other to Cabot Financial who insist that I have a debt with O2. (£900 odd?! no explanation as to what its for) The BT debt isn't an issue, that expired as of 9 hours 11 mins ago as per stutter barring O2 deny having a debt with me,Cabot tell me I do, neither of which will entertain sending me a letter to the effect... Also in the past I've sent them various letters: Oct 2011: Letter requesting invoices and full and final breakdown of the nature of the debt Nov 2011: (No Response) Chase up letter referring to the previous Dec 2011: (No Response) Final chase up letter stating that "if I don't hear from you within 30 days, I'll deem this matter as closed and resolved" (no response to date) I've contacted the CRA, they won't entertain the fact that I've gone though all these steps, Cabot are just a bunch of morons on the telephone as they won't discuss the matter and will only accept "a credit card or debit card number" and sound stay anything else. I'm literally grasping at strafers here as I really can't be bothered to go to court... Would the FCA be able to assist in this matter (and is that the right course of action?) Hope you can help Cheers, A
  3. Hi all, I have been trawling this site for a while hoping to find an answer to my issue, but nothing with the exact specifics and was looking for some advice. Over 6 years ago now, I was forced to leave my job (long story that is out of the scope of this query!), meaning I was no longer able to afford the lifestyle that I had bought into. Hence, credits cards, loan and car were the victims, and I unfortunately defaulted on all (5 debts in total, to the tune of approx. £20k). The job market being the way it was, I found no further work, and decided to try and enhance my future by returning to education. I informed all creditors that my income had vastly reduced to that of a student, and hence came to the agreement that I could make token payments of £1 to each individual one, and that was that. Since, I have not even attempted to apply for a single bit of credit, and lived with a basic bank account, which has served me well - one thing I have certainly learnt how to do is not to live up to the limit of my means!! since the defaults, I have moved house twice, and have lost track of the debt collection agencies that were involved (I believe the debts were sold on), although I have maintained the token payments as they were simply standing orders set to go out automatically. Hence, I have no idea of any communication that may have been made. This week, I checked my Equifax and Experian history out of interest to see if the old defaults had fallen off, and all looks good, the last two due to go by March. However, I have come to realise that despite this, the creditors may still decide to take enforcement action against me at any point, which is rather disconcerting; I have just begun my PhD, which is due to last for another 4 years, hence a total of 10ish years on a poor income!!! Of course, I have the full intention of settling this money when I finally graduate and get employment (prospects look quite good for future salaries in my field), so don't want/need advice on how to dodge, however, what I want is to break the hold of them being able to take action against me on their terms, as this hanging over my head is a bit worrying. What advice would you give? I have thought of two things, but not sure of there true implications: Cancel the token payments and hope that enough time passes for the limitations act to apply and then repay when I can? Or, make contact and offer lower full and final settlements (family may be able to help with lump sums)? Any other thoughts? Regards AM
  4. Hello. Please can someone advise how to get out of this mess? My partner left me in September. We paid half for everything I work full time but have got in a mess We have a car on finance. Due to my mental health state, i have bipolar, i have got behind on rent, council tax and the car payments. I have a thread here for help with my car. I asked for help with the CAB, a pound a month letter was arranged for 2 of the debts I have a child tax credit overpayment of 1500 And stupidly, i took out 3 payday loans. I have had car repairs, vet bills and had to pay those . I have had a meeting with my landlord and i have to pay on time from next month or i get evicted. Please an someone tell me how to take control and get straight I want to act like an adult and stop worrying about how i'm going to afford electric and food Thank you for any help
  5. I had a visit today from an Enforcement Officer from Marston's about my son's unpaid court fines/debt (£820 inc costs for 2 motoring offences). I told him my son has no income or any assets - but I know he's not going to take my word for that - and at first he said it would be easier just to let him into the house as he only needed to look in my son's bedroom to confirm that, otherwise he would have to come back with a locksmith and force entry. For the record, I didn't believe he would be satisfied with ONLY going into that 1 bedroom. He showed me a court document (well it looked more like a hand-filled form) that he claimed gave him his authority - I didn't take note of what the form was, ooops! I told him I was going to video him on my phone and then asked him if the document he had gave him the legal right to enter as he had previously inferred. At that stage he changed his tune and and apologised if that's how I'd understood things, he then told me he'd have to go back to court to get that authority - amazing what being recorded does to their attitude as well! Anyway, later in the day I got my son to call him (on speakerphone) and after he told him the same thing regarding lack of assets and income, my son said to him "what do you want to do then" unfortunately he heard this as "do what you want then" which must have upset him a bit because he became extremely aggressive and very loud on the phone, saying he was going to "come into your house when you're not there and take your stuff". The problem is my son genuinely doesn't have anything for him to take except for clothing. We do though, we have a whole houseful of stuff that he could 'claim' and a number of vehicles as well. Because it's an unpaid court fine I understand that he can get authorisation to force an entry (if a judge agrees with him), and because he got so upset with what he thought my so had said to him, I get the feeling he will try his hardest to make it happen. I also get the feeling he will try to make things as difficult as he can for me - I say me because it is me that will have to deal with him as my son is rarely here (also I wouldn't want my son here because he doesn't stay as calm as I do in heated situations - and I don't want him getting in anymore trouble). This guy was seriously annoyed! So I need some guidance if possible.... If he does get access to our home, can he 'target' the whole house to look for things to seize or does he have to stay within my son's bedroom? I suspect the former.. He 'warned' me to get together receipts for any item that he might suspect belong to my son or he will take them away. Like most people I don't have receipts for everything so how do I prove any goods are mine? I have the log books for any vehicles but I don't believe they accept them as proof of ownership - is a receipt from a garage acceptable? Also, my son's girlfriend parks her car in our driveway sometimes, can they seize her car until we prove it is hers? One final thing - we have a motorbike that my son uses sometimes. It belongs to me but the V5 document is in his name because we were told it needed to be for him to insure it. I have an invoice for the bike from Honda (in my name), would this bike be in any danger of seizure? Thank you in advance for any help/guidance you can provide.
  6. Hi everyone I'm in the process of sorting out all my old debts, and I've just sent Natwest bank a SAR (well 2 actually) relating to two accounts that appear on my credit files shown in default state from 3-4 years back. I just had a call from a person within their data protection team asking me to clarufi what I was aslking for in my SAR. I told them everything they help about me at Natwest relating to those two accounts! He then said I need to go into a branch to ID myself, because the address on my correspondence they didn't have on any of their systems! Never had this before with a SAR! Are they meant to be calling me? Anyone else had this problem as above? Advice? Cheers
  7. Hello and thank you for reading my post. Any help, advice and suggestions will be very much appreciated. I am sorry in advance for the long and complicated post. I have 4 debts all defaulted in 2010 for £20+K. Most of the information I have provided below is from Noddle as I don’t have much paper documentation. The debts are a personal unsecured loan and 4 credit cards all used on an unsuccessful business plus I have got very ill and went for urgent treatment abroad (2010) which lead to defaulting the accounts. 1. Barclays – unsecured loan (applied online) originally for £20K taken in 2007,currently owing just under £13K I have been paying £1 each month since 2013 agreed with them (CDCS/Barclays) over the phone. I have a letter from them confirming that they agree to receive £1 a month. The debt shows as ‘Barclays unsecured loan’ on Noddle and no mentioning of CDCS. I have a current account with Barclays (debit card visa) which I only use to pay £1 to Barclays and 3 debt collection agencies (£4 each month has been transferred to this account). The loan is visible on my online banking but shows only the total amount owed before the default in 2010 I think... I have not got any paperwork regarding terms & conditions, statements etc... I was paying £385 a month for around 2 years but once I stopped paying for a few months they kept adding fines and interest even after I was begging them to stop fines explaining that I was at hospital abroad and unable to organise any payment for few months. Fines continued even after I started paying them again but reduced monthly amount as much as I could afford (£100-£200). Then after 2-3 months the account defaulted and I continued paying them reduced amounts (finally agreed by them) until I was advised to offer a token payment which was agreed without problems in 2013. 2. Credit card- Citi with Cabot Financial Europe. I pay to Clarity (online payment via their website) which I guess has been employed by Cabot to take the payments of £1 since 2013. Noddle is updated by Cabot on regular basis showing –£1 each month. Information on Noddle: Account start date 07/2007, opening balance £1436, default balance £1436, date of default 06/2010. Between 2010 and 2013 I was paying more than £1 a month so the current balance is down to £590. The last letter I have is a confirmation of arrangement for £1 a month with Clarity. I called Citi years ago to ask them for more information regarding the debt and about Clarity. They could not find anything in my name with their bank and explained they do not have credit card department anymore as they no longer offer any credit cards and as far as they are aware I don’t owe them anything. They could not give me any information about PPI either... They never wrote to me to explain that they ‘sold’ my debt as far as I remember. 3. Credit Card-HSBC Bank. After defaulted in 2010 Metropolitan Collection Service Limited contacted me and demanded high monthly payments while I was in the hospital. In the end reduced payments were agreed. I was paying them reduced payments (£10 or £20 I don’t remember exactly) on monthly basis until 2013. They agreed in writing in 2013 a monthly £1 payment : Commencing Date 29/06/13 Finishing date 28/08/2096! A few months after the agreement I was contacted by Marlin (Cabot Financial) advising me to start paying them the £1 monthly and providing me with their details. Noddle shows that I opened this account in January 2007 and defaulted in June 2010 at £2770. Noddle currently shows owing of £2400. I was contacted by Marlin over the phone recently for a review -I explained that my financial situation is even worse than it was in 2013. They were fine-still happy to receive the £1. They also mentioned that a full and final settlement can be arranged at 65% discount but they would consider a lower offer if I go to them with one- they said. 4. Credit Card-MBNA -Account start date 05/2006, defaulted -06/2010 at £6550. Noddle currently shows that I owe : £5250. I found a letter dated 01/09/2010 from Experto Credite advising me that Varde Investments(Ireland) Limited has bought the interest of MBNA Europe Banks Limited and they are legal owner of my account. ‘Under the terms of assignment Experto Credite Ltd has been appointed by Varde to recover any and all outstanding sums.’ I paid Experto Credite £20 on monthly basis until Aktiv Capital contacted me to inform me that they have taken over my account. They agreed to the £1 monthly payment in 2013 (which was agreed with Experto Credite already I think) and since then I have been paying it. I noticed just recently that on my Noddle report instead of Activ Capital, PRA Group UK has taken place as a lender. I don’t have much memory about any of the credit card debts - especially the amounts I originally owed. I found most of the above information on Noddle but I am not really confident how correct it is. Some of the debts also show payment history for the last couple of years only. I have the impression that the DCAs who contacted me in 2010 insisted that I owe at least a few hundred more than I thought but being recovering from an illness and ‘scared’ of unwanted visits and fed up with aggressive telephone calls demanding money which I could not really afford I did not argue with what they asked me to do and kept paying as much as I can. I am no longer at the address the above creditors have for me and none of them have been in touch with me via telephone in the last 2 years except Marlin. I am currently staying at friends address which address I don’t have the permission to use for my financial affairs as this is my friends work place as well as their home address and it is just down the road from the office of one of the lenders and they worry that they may come in person to look for me and cause problems (as the friend has valuable items at the address- including extremely expensive car kept by the owner of the house who does not live at the address)) I am thinking of renting a Personal Post Box in the town for communication with the lenders. Do you think this is acceptable as an option? If/When I get PO Box address would you suggest to contact the lenders for CCA or SAR or another request or just to inform them for my new correspondence address and wait for them to approach me or just try to change the address at Noddle and the rest of the credit agencies if that is possible at all? I don’t really care much about my credit rating but I want to avoid CCJ if possible. If I don’t provide them with an address I would not even know about any CCJs until I see it on my credit report and I guess it will be too late for me to defend myself or do anything.. . I mostly worry that when I eventually have a permanent address the bailiffs will turn up at my door unexpected asking me to pay immediately plus extra charges. Would you suggest to discuss full and final settlements (a friend may be able to help with money) if the paperwork of the debts is good? I think I might be able to claim miss sold PPI (at the time of taking the credit cards I was self employed) and unfair penalty charges. .. I would consider F&F as an option if there is no better option to resolve debts as I feel the whole situation with DCAs and Barclays very stressful. I am also hoping on starting a job I have been promised in some point next year working for a high profile individual where my working place address will be the same as my living address (same address where my boss will be living as well) and if DCAs or bailiffs approach me in person asking for money or belongings this might cause a big trouble. For these reasons I wish to resolve these debt issues before accepting any job position of this kind. I want to thank you for reading my story. I am not experienced at all with the above situation and I realise that I have already made some mistakes. For example not asking any debt collectors for proof in first place before start paying them. Please anyone help me sort this unpleasant situation out and guide me where to start from and what to do? I really need to sort these debts out ASAP so when I start my new job next year I don’t need to worry and live in fear about debt collectors turning up at my boss door asking to collect my belongings etc.. . and causing trouble.
  8. As the end of year is coming I have been reflecting upon all the debts that I have and been worrying myself sick knowing 6 years is around the corner when I originally defaulted. I am out of work due to cancer treatment and started to worry about these debts again knowing 6 years is only a few months away. Debt 1 is a Credit Card...£15,000 was taken out prior 2007. It has been swapped from DCA to DCA numerous times and has been sold on to Vulture Company 1. I have been paying each month £10 to the DCA of Vulture Company 1 and have been doing so for a number of years. Not disputing I owe the debt as had card since 1996. I am unsure what if anything they will do. ...Will they continuing accept this offer at this rate or go legal on me. I have been complying with them and paying the repayments on time given my limited income. I just dont want to open a huge can of worms by asking for a CSA on them and if they find it they pursue legal on me. Is it best to just carrying on paying until if I ever receive a solicitor letter off Vulture Company 1 threatening legal action to do it then? Debt 2 is another credit card....£3,000 was taken out AFTER 2007. It currently is still sat with the original creditor and I am paying them £5 a month. I am paying them via a DCA who pays the creditor. I assume they will sell this debt on at some time and been reading it could be a terrible company that they could sell it on to. I am aware I cant do the CSA request on Debt 2 as its after 2007. But with these I have been paying what has been agreed to the DCA monthly and on time. I am just worrying myself sick about these debts and controlling them all. I have done what I can paying them and not hiding away given my income. But if my income stays the same I cant see them keeping accepting this level. What your thoughts to ease my worries on it all......
  9. I'm new here so not sure if I'm posting this in the right place. I need some advice please regarding two old debts. One is a CCA debt, a loan originally taken out with Sainsbury's Bank well over ten years ago now. We defaulted on this loan around 2008 I think. Sainsbury's started court proceedings and wanted an order for sale of our house to which I responded that we had other creditors so it was unfair to them. I got advice from a credit counselling service and she said to offer token payments to all creditors. A few years back we received a letter from Arrow Global saying the Sainsbury's debt had been assigned to them and for us to send payments to Restons Solicitors we have been paying them token payments, although we have received nothing more since from either Restons or Arrow Global. Surely they are breaching the CCA by not providing six monthly statements? The other debt is an old overdraft with Lloyds Bank - the token payments are going to Robinson Way but I don't know if Lloyds still own the debt and whether it is just being collected by Robinson Way. Because it's not a CCA I don't know if there's anything I can do to check whether they are authorised to be taking our money. We historically had two credit cards too which we defaulted on in 2008 but these I should imagine are statute barred by now. The reason I am querying the Sainsbury's and Lloyds debts now is that I recently checked with all three of the credit reference agencies and none of them show these two debts. Experian have told me that even though debts do not show on credit reports does not mean they are not owed. I would like to get advice though as to whether I am paying money unnecessarily. I don't trust debt collection agencies to act reasonably and fairly as we have had a lot of harassment in the past. Any advice you can offer would be greatly appreciated.
  10. Hi all, I have a number of unsecured debts and phone contracts that resulted from me giving up my business at the start of 2009 to take care of my parents who both have dementia. The debts were personal and not in the business name, although almost all of them were used to set up my business. I always intended to go bankrupt but due to the pressure I am under looking after both of my folks, I just never got round to it. Letters came through the door, but nobody ever knocked it and here we are 6 years later. The letters are rare. In the last few months I have only received about 2-3 letters a month. As you can tell i'm in poor state with the paperwork and uncertain. I am on carers allowance and income support and have no assets. Today I decided to check my credit report after discussing this with a friend. To my surprise Experian gave me a 'fair' and im only 40 points off a 'good', 860/999. Looking on my report I can't see any details of these debts although I do have 3 warnings on my account: You have a defaulted or delinquent account (but no accounts or amounts appear?) You have no settled non-mail order credit accounts You have opened 1 new credit account in the last 6 months (a new bank account, but doesn't have an overdraft, it's a Cashminder that I was preparing to go bankrupt with). I thought that on my report I would see a list of people chasing me and for set amounts, but that is not the case. Does it not work like that or have I overlooked it? Experian is also suggesting I am eligible for loans and cards, although the rates are sky high 25-50%. I'm not looking for a loan, but I was surprised to see it as an option. Given my situation I was looking at going bankrupt but having seen this file i'm not so sure. I do owe that tax man £2000 from the business which I could offer to pay in smaller chunks to save going bankrupt. Apologies if this is in the wrong forum but I felt that I needed to understand my report better before knowing how to proceed. Thanks in advance for your replies.
  11. Hello, I'm new to the forums, but if this is in the wrong place then could you let me know and I will re-create the thread. I was living in Australia for 16 years(I was born in the UK and moved to Aus when I was 6). I had a rough time and didn't have a job until I was 20. I never had credit before. I opened a bank account in Australia and got offered a credit card, which I accepted. I then applied for a online course, which was a monthly payment of 60 AUD. Once signed up I had realised this course that this company heavily advertised was a [problem]. It was the same course a student in a free study College could do in his spare time on the internet. I had disputed with them about leaving, however they said that I would have to pay the outstanding amount of 4695.00 AUD. From that point I had stopped communication with them. My father passed away in February last 2014 and my mother and I moved back to the UK. I had left an outstanding balance of 500(Maxed out) credit card from the bank and I also did not pay the company who was chasing me for 4695.00 AUD. I've received plenty of emails from this company recently, I had no communication or emails from them since July 2014 and in the last two weeks I've had 24 emails and unfortunately a phone call. They tracked me down. Apparently this company AusDebt has been in contact with me(They have not). I first received an email 2 weeks ago stating that "As per the request of Open Colleges we have come to a conclusion and you are now only required to pay 1408.63". I then received the same email 2 times a day for a week, I will attach this with the post. It states that "As per my request" they are willing to settle with the amount mentioned above, which I think is being used as their tactics? because I haven't been in contact with them at all I assume as I've read online after 5 years the debt gets statue barred? I received a phone call yesterday asking for me, I said no I don't know anyone by that name that lives here and the lady said "That's funny since we've checked records and it seems only yesterday you applied for a loan and we also know who you bank with and that you drive a ford focus". How are they getting this info? She then went on to say "We will be getting that money back off you very soon, my associates look forward to seeing you in person have a nice day" and hung up. Does this mean that they have transferred the debt to a UK company? can they actually do that ? Any advice on this? More facts about the account, I had only logged into the online portal twice, and not even attempted the work because I had found out I could of just went to a local free college and got the course for free. Yet when trying to cancel they blocked access to the online portal and demanded payment off me.. s there any way I can fight this? Thanks P.s I am living in the UK now.
  12. Hi guys, firstly sorry if this is the wrong section but im a bit lost! I have been attempting to deal with my defaults on my own but seem to continuously hit brick walls so i was hoping for some help. I have some large defaults on my credit file. A company called Mkdp LLP currently own them according to my file. One is an HSBC credit card for a little over £5k, this appears twice. Once for HSBC and then again for Mkdp in a slightly higher amount which i assume is due to the addition of their fees. To me it seems obvious that one or the other of these should be removed as they refer to the same original debt? The HSBC record shows agreement date in 2003 and a default date in May 2011. The Mkdp record shows the same original date of agreement but lists the default as in October 2011. The next debt was originally a Barclaycard which I owed just under £8k to when I defaulted. The record shows that the agreement date was February 2005 and the default was November 2011. It states the original balance was for £11,905. Much much more than I owed prior to defaulting. The final thing on my file is for £1513. It is for a bank account but im unsure if its HSBC or Santander as I had trouble with both back then. It shows an agreement date of April 2007 and default date of January 2012. I have had many letters from Mkdp and other DCA's regarding these amounts over the years. I attempted to have HSBC either take the debt back or remove their default to no avail. I also pointed out to Mkdp that they could not provide me with the correct notices for assignment of the debts but to be quite honest I gave up after a while. I just thought if i ignored it for long enough they would all become statute barred. I have today received a letter from Hoist Portfolio Holding 2 Limited (Ex HSBC) regarding the fact that they are collecting a debt of £5968.70 (the exact amount of the Mkdp debt) stating they have bought the debt rights title interest etc from Mkdp. So i guess my question is how do I get the double entry on my file removed. Second question how do I go about dealing with them or do I just tell them the debts are statute barred and ignore them for another few months? Thanks a lot for any help you guys can provide
  13. Have had a pile of old debts , being very old and very cynical, at pension age I made the çoncious decision to stop paying any and all of them. I challenged every debter to take me to court, they didn't , preferring to sell on debts to collectors None of these took me to court,so here I am over six years later which should mean no more chasing from collectors, however one chasing debt company has insisted I made a payment against one of the debts three years ago. I challenged that knowing I had not. They then advised that the payment had come from the debt owner.for repayment of charges or something and made to the debt collector intstead of to me?? How can this be taken as a payment from me?? Now I have another item which needs to be repaid , but the debt owner wants to pay it against a debt which is past collectible date . What is the legal position. This is a business debt and debtor , I never tried for charges reclaiming and there were loads, because it was a business. Now they say it wasn't. Ten years later. Dahhhh. Any helpful information on the situation regard to debt over six years and what the legal position of debt and debtor would be appreciated
  14. Hi, im sorry this is a rather long story but i really need some legal advice... my husband had a tenancy in his ltd co name with a pub company. when he passed away 2 years ago the pub co regional manager asked if i would continue with the pubs, he had another one at the time with them. Both pubs were struggling and i told them i wasnt sure. They assured me of financial and business support. Obviously they didnt want two closed pubs on their hands and i felt a responsibility to my husband to keep them. i struggled to manage both pubs without my husband and trade suffered due to various different factors. The rent support never happened and they often held me to ransom refusing to release orders without full rent payments. At the time the rents were over £1000 per week on each pub and we were trading at just over £2,000 a week so not hard to work out why struggling. I ended up putting around 50k of my own money in as each week unless i paid the rent on both, i couldnt have any beer and if bought from somewhere else they would fine me then refuse the next weeks order until that was paid!!! They never so much as kncocked a penny off anything, i paid full cost on rent for both pubs for the 15 months it took them to transfer in to my name despite having my name on nothing. they lied to me about what rent deal they would do on the new lease and also refused to give me proper credit terms etc. as a result and having at their insistance put a brand new deposit down on what was already my pub my cash flow took a battering and im now on the brink of closing altogether. various people i have spoken to have told me that they should not have let me trade for the 15 months it took to transfer then pub into my name as the tenancy was in my husbands ltd company name which legally shouldnt have traded after he died since he was the sole director And my name was not on anything. Is this true and if so can i do anything about it now? thanks...S
  15. Good morning Caggers It has been some time since I last wrote and to that end I could do with a little update please? I had several loans to which I had defaulted some 6.5 to 7 years ago now. Now, out of the blue, I have DCA's and banks requesting payments on them. They have completely vanished from my credit reports. What is the correct course of action to deal with them please? Many Thanks for your help in advance!
  16. Afternoon All, I am sure everyone has seen the news about Wonga writing off peoples debts, but question takes it a little bit further. I am in arrears with Wonga and I am coming to the end of a DMP where I have been paying them off. The initial loan was for about £600, and after all arguing and trying to sort things out with them nearly £2000 was added. Can I claim that back ? I not holding my breath though:smile: Any opinions ? Cheers Graham
  17. I received the following via a National Debtline twitter feed link http://www.stoptheknock.org/ Click on the map for your area and it will give you the stats for that particular Local Authority. Out of interest I clicked on Peterborough to see what information would be given. Very interesting. And Oxford
  18. I have two CoOp credit card debts, of £2,700 and £9,000 respectively. Although I'm not convinced that they hold enforceable CCAs or were defaulted correctly I did agree with them in 2010 to pay £1/month into each account in return for an interest freeze. In 2013 the CoOp told me the debts had been assigned to Cabot but that payments should continue to be made to Fredrickson, who manage them). I've maintained these monthly payments by SO throughout. At the beginning of the month I received a letter relating to each account from Debt Managers (Services) Ltd claiming that they were now managing the accounts on behalf of Cabot and that I should pay the SOs to them instead of to Fredrickson. I've heard nothing from Cabot or Fredrickson. Debt Managers have phoned several times but I've refused to go through their security checks and told them to supply some evidence of the transfer. I notice, also, that in both cases the last digit of the quoted credit card account number is incorrect and the reference numbers don't match Cabot's, although the debt totals seem OK. Should I do any more? Anyone any experience of them? I don't want to waste time and money making a CCA claim without good reason.
  19. A supplier has written off a number of invoices as Bad Debts, and reclaimed the VAT element. He has then issued a claim for payment in Court at a later date, and added interest at well above base rate. Is this permissible?
  20. Hello everyone, Over the years of university I have accumulated a few defaults on my credit report. I have finally landed a decent job and my wife earns a good salary also. This has led me to try and take a grasp of my finances. The defaults will drop off my credit file between 2017 and 2018. I would of course like to settle these amounts, but I also have 'live' debts I would like to pay off too. Should I concentrate on the live debts first, or is there any benefit in paying the defaults as soon as possible? My understanding is that actually paying them will have very little positive effect on my credit and that I'd be as well just waiting for them to drop off. Just to point out: I'm in Scotland and have purposely kept my finances completely separate from my wife (who has good credit). Any advice would be greatly appreciated.
  21. Hi Everyone, I posted today regarding a CCJ that has been registered against me for an old Santander overdraft. After receiving advice I am going to ask for proof of the payment they say I made in 2009, and once I'm satisfied, I will pay it in full as I am trying to put ourselves in the best position for a mortgage and can't afford CCJs. My concern now is though, is if this one has found me from the past, will the others? I had an Egg Card, an MBNA Card, an HSBC personal loan, and a Capital One Card. The HSBC loan was with a DC for a while, and became statue barred. I have written confirmation from them that this is the case and have not heard anything regarding this debt since. The Capital One card was for £240, so not a huge amount. I have never been contacted regarding this but am worried it might have gone to a previous address. If I do get a CCJ for this though, due to the amount, I would pay it immediately in order to protect my credit file. My main concern is the MBNA, and EGG Card. I have not seen any letters for these in many years, and I can't recall seeing any since the address I actually had them in. The Santander account that has registered the CCJ now, was from that address and they made no attempt to find me by way of searches etc, just sent all correspondence to that address and then I got a default judgement. My question is, is there anyway, short of physically going to all my old addresses, to find out if any other DCs are trying to contact me? So I can deal/dispute/pay anything before it reached the stage of a CCJ? If an amount of £1000+ ends up as a CCJ I'm going to struggle to pay it immediately in order to protect my file. NB My credit file shows no debts as all have passed 6 years on default date. Santander defaulted in Nov 2008, but I have never seen EGG or MBNA on there. I can only go back as far as September 20014 though. To my knowledge, I haven't made payment to any debts for over 6 years so likelyhood is they are statue barred anyway but would like to know if any DCs are actively trying to contact me before they go to court. Any advice appreciated, even if it's to be told that I have to just sit with my fingers crossed. Many Thanks
  22. fkofilee

    HMRC Debts

    This worries me; One thing I would say about this is that if its not managed properly, it could cause major damage.
  23. We have 2 barclaycards both we have had for many years, 1 was originally an Egg Card. Both cards in my wifes name. Current Balances: 5311.19 8405.12 We have received a default notice for both cards as we have paid very little in the last 6 months. I have just written to them asking to freeze interest and charges and give us 2 months to respond back with a payment offer. Is there anything else I should be doing yet?
  24. Heres a strange one, that other site that promotes debt avoidance has made me think. I know the 3 letter process doesnt work, but for a debt from Oz, does any British Jurisdiction apply? I was just wondering because wouldnt a DCA throw it out saying UK Copyright laws etc dont apply? Im interested in this because I know we had a thread about DCAs from Oz trying to enforce in court.
  25. My girlfriend had a number of debts from 2008 and before. She totally ignored them and didn't know what to do and how to go about addressing any of it. Thanks to some very helpful information from this forum - we sent SARs and got back lots of information in 2012. We decided to "sit tight" with everything and wait things out until they became statute barred. As far as I can tell (having waded through the reems of information sent back) they are statute barred now (no payments made in 6 years +).. .with the last one to become so next month - July 2015. This one is still showing on credit record though (only checked noddle recently) - what do we need to do to get it removed as soon as the 6 years from default date arrives? As soon as this hits 6 years - is it worth signing up to Equifax, Experian, (any others?) and reviewing all information on them and ringing / writing to them all to as accounts are removed if over 6 years? Etc? She also was receiving various demand letters from different debt collection companies from about 2009-2013 and early 2014, but this has all dried up now with nothing recieved in over a year. Is it worth sending some kind of letter to any of the companies now to state that no contact should be made again as debts are all statute barrred , or can this just be left as it is now and all paperwork saved in case of future contact?
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