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  1. Hey all, I received a letter from BW Legal last month in the form of a "letter of claim". The letter stated that they where acting on behalf of their client Parc Financial's, who bought the debt from PD UK I am given until the 13th July 2018 to reply to the letter. If i didn't pay or set arrangement to make payments for the balance of £206.74, I could occur additional fee's such as interest, court and solicitor fee's making the balance £306. The particulars of the debt stated that I entered an agreement with PD UK on the 28th June 2013, prior to being purchased by Parc Financials on the 9th December 2016. Because of how long ago this was, I am unsure if i did receive a letter / notification of this at the time, but I do not believe i did. No other supporting documents or as such were provided with this letter, only a reply form. According to my credit report, I defaulted with PDUK on the 01/02/2014. I also noted an open account for Parc financial for the same amount. Interestingly enough, I dag through my old email that i used at the time which I couldn't trace any contact from PDUK regarding the debt or notifying me of it being sold. However, I did find an email from BW Legal on the 5/3/2017 as a "Final Request For Payment" and another email on the 7/12/2017 as a "letter of claim". The difference between the two is that the earlier said "may" and the letter received last month says "will". It is worth mentioning I do not remember the debt amount though I know I did borrow money from PDUK It was such a long time ago when I was 18-19 years old, unemployed and had a CCJ at the time from Wonga (stupid young mistakes eh). What would be my best course of action? Seeing as so many people seem to be in or faced the same situation as am I. Thanks in advance
  2. Not sure if this is the correct section to post in,but could only find this to be the nearest to my question.Mods,please move it if needed. Basically,the workers rejected the company pay offer,and were balloted for industrial action.The management imposed the wage rise and included it in each persons wage this week,going against Union protocol. I have a copy of the companys financial report covering the last 5 years.Would it be illegal to put this report in the union cabinet/notice board?.Would a data protection breach happen?.
  3. Its time to get rid of these incompetent idiots, I have linked to the HM Government epetitions site. http://epetitions.direct.gov.uk/petitions/29619 BTW this was not started by me, everyone please register your support!
  4. Hello All, I'm not sure where to ask this question so move it if it's in the wrong place. I have a defaulted account with Capital One (last payment 1/10/10) it has now been bough by Cabot and the have re defaulted it from 1/11/15. Is the correct and ok to do? I know Cabot are diddley so want to be sure? Surely if it was already default, they can't re default it?? Thank you for your help
  5. name the issuing court: Airdrie Sherriff Court Who Is The Claimant: Cabot Financial Uk Limited Who Are the Solicitors: Nolans What type of action? (simple/Ordinary): Simple What is the claim for – 1.On 17/10/2011 the respondent entered a mail order agreement with next directory under which the respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer credit act 1974. The respondent failed to pay as agreed on demand and is in breach of contract with the said next directory. 2.The said supplier assigned all rights in the said debt to Cabot financial uk limited on 05/01/17 and the claimants have advised the respondent of the same. 3.The last payment was made to account on 16/04/15 the said sum of £2416.82 is the sum sued for. 4.The claimants have made frequent requests to the respondent to make payment of the said sum but the respondent has refused or delayed to do so Last Date Of Service:- 24/01/18 Last Date For Response:- 14/02/18 What Documents are listed in Box E2: Credit Agreement (I think) Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt : - Catalogue / Store Card BOX D5 what has the claimant state: from your knowledge: answer the following: When did you enter into the original agreement before or after 2007? After 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure Did you receive a Default Notice from the original creditor? Unsure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so When was you last payment:- 16/04/15 Why did you cease payments:- Financial troubles / health issues / off sick 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? No I have been reading on here for a while and have already sent off my cca request to Cabot. Is there anything i should do while i wait a response ?
  6. Name of the Claimant- Asset Link Capital (no5) Date of issue –05 Oct 2017 What is the claim for – . Particulars of Claim: 1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced .....and opened effective from 22/11/1999. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. 2'The Defendant failed to make payment as required and by 26/03/2015 a default was recorded. 3.As at 30/09/2016 the Defendant owed Barclaycard plc the sum of £5288.34. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 30/09/2016 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. 4.And the Claimant claims- 1. £5388.34 2. Interest pursuant to Section 69 county court Act (1984) at a rate of 8 % per Annum from 30/09/2016 to 04/10/2017 of £409.55 And thereafter at a daily rate of £1.12 to date of judgment or sooner payment. Date 04/10/2017 What is the value of the claim? £6207,89 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? 6th November 1999 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- Asset Link Capital (no5) Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I still have it Did you receive a Default Notice from the original creditor? Yes I still have it Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? I broke my ankle on or around the 18th March 2014 and was made redundant about two weeks later. I had a part time job then and was struggling financially. I now work in the gig economy being paid a fee for each job completed and things are even worse. What was the date of your last payment? 4th December 2014 £53.00 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 they reduced the interest and allowed minimum payment I then received various letters and statement of account from Link demanding payment. They also telephoned and I explained I had no means of paying them. On the 14th August, 2017 I received a letter from Link giving me 14 days notice that the account would be passed to Kearns Solicitors (which I have found is owned by Link). I thought it was time to do something about it. I then wrote to Link on the 18th August 2017 using the template on this forum offering them £2200 as full and final payment. I said my mother would lend me the money. I also explained my employment status and income . They did not reply or acknowledge the letter. On the 1st of September I received a Letter Before Action from Kearns demanding £5288.34 within 14 days. I wrote back to them on the 6th September enclosing the Link letter and my reply. I sent it signed for. It shows they received the letter on the 7th September on the Post Office track and trace. A few days or weeks later a Miss called from Kearns and I explained to her about my written offer and my letters. She then called me back saying Link had put in a counter offer of around £4300 and that I had so many days to accept it. I explained that £2200 was all I could offer. I asked her to reply to my letters and give the counter offer in writing. She declined . I had meant to write to them again but I received the Claim form on Monday 9th of October 2017. I have now drafted a letter to Link (using the template on the forum) asking for a copy of the original credit agreement and I intend to defend the case. I intend to send the letter to Link and the Defence and Counterclaim on Monday Can I put in a counter claim for the distress they have caused by not replying to my letters and for saying I owed Barclaycard £5288.34 and £409.55 interest on the particulars of Claim? If so how much? Barclaycard (but the original account was with Egg a division of Prudential Banking Plc. I have a card issued in 12/05 still in my possession number ...... I have another card with the same number which expired in 11/11. I have a copy of the original Egg Card Agreement dated 6th November 1999 but it does not have a number and I have not signed my copy. I think they sent me the card regardless. I think it was transferred to Barclaycard in May 2011 when Egg sold their business to Barclays. I have a copy of a letter from Egg in response to my complaint about PPI dated 21 July 2011 and it refers to account no ...... I was then issued with a Barclaycard .....in 10/11 Any help would be greatly appreciated.
  7. I had a loan via satsuma loans (provident financial ltd) I started to find unaffordable. I did the right thing and rather than paying late I contacted them being honest and setup a payment agreement, which I have stuck to 100% and not missed a single payment since it was setup in may 2017. Despite this and the fact ive made major strides to improve my debt handling and credit record over the last 12 months its still had something dragging it down and ive just found out that its provident financial ltd. The record for them on my credit file is still showing as per the original loan agreement which I haven't been paying for almost 12 months now however this is no longer valid as the new payment agreement I had with them superseded this original agreement which explains why I haven't been making payments towards it. I have requested via experian and noodle that satsuma update this record to reflect the new agreement but they have refused to do so. My question is, is this legal? I dont see how when ive setup a payment agreement with a company's approval that the original payment agreement is still valid as surely you cannot have 2 payment agreements with 1 company for 1 loan.. ...the payment agreement I setup surely supersedes the original one? and I dont see how its fair that im being penalised for late payments on a loan agreement I no longer have any agreement to pay. this whole thing has utterly tanked my credit file despite the fact ive worked really hard over the last year to sort myself out and until I find someway to correct it it will keep on tanking my credit file. So just wondering what my options are here? Is there anyway I can force satsuma to update my file to show the new agreement rather then the out of date invalid one? Can I get some advice please?
  8. Hi, Could someone help me please? , complete noobie questions below:- I've been out of the country and been sent a claim form from the County Court Business Centre for a claim from a 10 year old Halifax credit card debt for £1600 plus £105 court fee and £80 legal representative costs. I have been receiving calls from these people but i just thoiught they were PPI calls. This claim form was sent on 6th April (I flew abroad 7am that day) but i've logged onto the portal (22nd April) and filled in the AOS form to extend, i'm not sure if this will still be possible to do? I may have paid small payments to this debt a long time ago but to be honest forgotten about it, got my credit score back up high and then this lands through my door, i really don't want a court judgment on my credit file. The debt doesn't even show on my credit reports from various agencies. I'm not even sure about how much the original debt was and how much credit was put onto it etc. Could someone help me please in the reply to the court or give me any pointers/online helpers? I really believe that this debt could be Statute Barred. Any help would be greatly appreciated, my main concern is not to get a mark on my credit file and I really don't want to pay a DCA the full amount but would consider a part payment. I'm not even sure if it's gone past that stage that I cannot offer part payment out of court? Thanks in advance x
  9. Hi I am looking for some help in identifying what the correct default date should be on an old debt from Barclaycard. I went into arrears on a Barclaycard account during 2011 and the debt was transferred to IDR/Link Financial Outsourcing in March 2012. There was no default issued to the credit reference agencies by Barclaycard before it closed the account and transferred it to Link, who subsequently registered a default in September 2012. However, having gone through old paperwork whilst preparing a CCA request, I have found a default notice (section 87(1)) from Barclaycard (via Mercers) in December 2011, i.e. before it was closed and transferred to Link. In addition, I also received a default notice from Link in September 2012, just before they registered one with the CRAs. The default is still on my files and is due to drop off this September. I believe the correct default date should be the December 2011 one, as that is when Barclaycard sent me a default notice and 3 months before they closed the account and sold it to IDR/Link. By September 2012 I had also been in arrears for around 1 year, which I think is too long before a default should be registered under ICO guidelines. However, I am not completely sure and have the following questions: 1. Must the creditor register a default when they issue a section 87(1) default notice? 2. Can the debt be sold to a third party DCA without a default being registered? 3. If yes, can the DCA subsequently issue its own default notice and register a default? 4. Related to questions 2 & 3, can I be issued with two section 87(1) default notices (I am aware that it is not allowed to register a default twice but not sure if this is the same thing). The debt is not settled. Clearly, if I get the default changed to the earlier (and I believe correct) date then it will drop off my files. Any help gratefully received.
  10. As expected an Recorded Signed for Sar was sent to them at the beginning of January, they well outside of their 40days to supply, all that occured within that 40 days is they made a call to the alleged debtor asking that they contact them ( I advised they ignore said calls and to wait for the Sar) No Sar has arrived What next?
  11. In Schedule 6, CCA regulations 1983 is says Credit limit 3. Agreements for running-account credit. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit. On the agreement/ photo copy of the application form, it does not state a credit limit, it just says, we will tell you your credit limit? Which I still don’t know what the opening credit limit was. but never the less, does this comply with term above (or the manner in which it will be determined? section.
  12. Cannot seen to find a template for outgoings and income to produce a financial statement in excel. I may have been looking in the wrong area but if someone has one or can point me to one it would be appreciated thanks
  13. Alert for charities - use the regulated financial sector READ MORE HERE: https://www.gov.uk/government/news/alert-for-charities-use-the-regulated-financial-sector
  14. Hello, I signed up for a noddle credit report, I have one default maker on my report. I had an H&M credit account which I stupidly defaulted on, the amount is £120.00 and the default date is 11/04/2013; it’s been sold to Arvato Financial Solutions. I do want to pay the debt off in full but I really don’t want to pay it to Arvato Financial Solutions. I was going to write or email H&M and ask them to buy the debt back off Arvato Financial Solutions, so I can pay them (H&M) directly. I will also inform H&M that full payment will be made on the condition, that H&M promise in writing to remove the default marker off my credit report. I just wanted to ask, if this is a correct way to resolve this debt. If not I would be extremely grateful for any advice. Many thanks Ps: I know this forum is fantastic and has helped thousands of people, so I made a tiny donation to show my appreciation.
  15. Received a claim? Yes Issue Date: 15-12-2017 Amount approx: 1979.25 Claimant: Cabot Financial (UK) LTD Solicitor: Mortimer Clarke Solicitors LTD Original Credit: Capital One Particulars of Claim: 1.By an agreement between CAPITAL ONE BANK (EUROPE) PLC & the Defendant on or around 08/10/2015 (the Agreement) CAPITAL ONE BANK (EUROPE) PLC agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payments due & the Agreement was terminated, 3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1794.25 Stat Barred? No Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request Have also file my defence. Well i had a letter back from their solicitors this is word to word and don't they proof check before sending out? also i know about Cabot Financial (UK) Ltd are unlicensed. Which means its an offence to under take debt collecting activity contrary to the Financial Services and markets Act 2000 and technically they aren't unlicensed they are unauthorised. "We confirm receipt of your defence. We can confirm that we acknowledged your request for documentation pursuant to civil Procedure part 31.14 and consumer credit act 1974, in the letter you sent to you on the 28/12/2017 (copy enclosed) In response to your assertion that our client is not authorised by the Financial Conduct Authority ('FCA'), the FCA register shows Cabot Financial (Europe) Limited permission as lapsed because, with the permission of the FCA, it has been made an appointed representative of Cabot Credit Management Group Limited. Cabot Credit Management Group Limited is a principal regulated firm and with the permission of the FCA, has .appointed its operational company, Cabot Financial (Europe) Limited, as appointed representative to perform debt recovery and/or debt administration activities on its behalf. Please find enclosed a copy of the Notice of Assignment and Statement of Account for your records. Our client's position is the documents provided evidences how the balance accrued and how a balance remained outstanding when the Agreement was assigned to our client. In response to your request for a copy of the Deed of Assignment, our client considers that it has no statutory obligation to provide you with any further documents in relation to the assignment. It has complied with its statutory obligations by sending you the Notice of Assignment in accordance with section 136 of the law of Property Act 1925. Furthermore, the Deed of Assignment is a confidential document client and the original creditor. We are instructed that the Deed of does not contain any personal details relating to you and is not disclosure. We can confirm that the remainder of your defense has been referred to your client for its instruction and we will contact you with a response as soon as possible. In the meantime, the Matter has been placed on hold." As you can see they are on about Cabot Financial (Europe) Limited, and not Cabot Financial (UK) LTD, also no Deed of assignment, or the original agreement, all they sent was the letter from capital one saying that they sold the account to cabot credit management group, and the letter Cabot sent to say they now own my account from Capital One and 3 pages of payments made to Capital one. What should be my next move? to me it seems they don't have the paper work to back their claim or am i wrong. And is there any other letters i can send to ask about the Deed of assignment and the original agreement?
  16. Received a letter this moring in the post from Dollar UK who trade under Instant Cash Loans, who in turn operate the brands Payday Express, Payday UK and The Money Shop. The letter states that during a review of customer accounts, the company discovered they had left hard searches on my credit file between August and November 2016. As a consquence, they have offered compensation of £75 as they believe the hard searches may have been to my detriment. The offer is in full and final settlement of the issue, which my husband thinks is an attempt to buy me off, and if I were to press harder I could take more off them. I'm more concerned by the unsolicited mail, and I'm reticent to give my bank details in case it is an elaborate [problem]. I have to send the form back by the end of February, and I'm not sure how to proceed. Thoughts?
  17. Hi everyone I hope I've posted this in the correct forum as I'm back again just looking for advise and general pointing in the right direction. I've received a letter (PDF attached) and presume at this stage all I can do is send a CCA request to Link? Do I send a SAR to Link and MBNA or just to MBNA as they were the original creditor? Regards Suss Link.pdf
  18. Hello I am new I would like your help . I have received a letter from Cabot finance via/with the letter heading Mortimer Clarke solicitors claiming I owe £ 1230.83 but not stating from whom I owe the debt to . They also claim that they obtained a court judgement against me on 29/02/2016 which I knew nothing about . The only debt that I can remember being this amount was for capital one in 1998 . Where do I stand on this please .
  19. Please could you help i have been pursuing a claim for mis sold PPI against YES car credit/DAFS for a number of years, i bought the car in 2001, I'm not covered by either FOS or associated bodies. I have got to the stage whereby i have advised them i will be continuing my fight through the courts, on Saturday i received letter From Irwin Mitchell stating amonghts other things. I quote " It is our clients primary contention that any claim brought in respect of the agreement will fail as it will have been brought outside the statutory time limits for starting court proceedings. The agreement was entered into by you on 20th November 2001, almost 16 years ago, and therefore, according to the limitation periods set out in the Limitation act 1980, any claim arising out of this agreement is now out of time. There is other gumpth with, that I'm not to concerned about and this will be their scaremongering in an attempt to put me off. Would just like to understand a bit more about Limitation act 1980, I've had a look through, to which it states "6 years", however my complaint is not against the Loan per say, it focussed around the mis selling of PPI. I would be grateful if you could give me a direction i can take with this, as do not want the bastards to get away with it any longer. Once I'm successful, would be more than happy to share my finding on your site, as I'm aware I'm one of thousands in the the same boat with DAFS crooks. I believe they scan your site looking for such information in getting themselves ahead against claimants like myself.
  20. Good afternoon! My husband has received the above two documents (I am hopefully attaching redacted scans to this post) and, as he's currently in hospital, I need to try and deal with them in his absence. I presume we should respond in some way, although I'm not totally convinced that this debt is his - he says he doesn't recall taking out a credit card with Home Retail Group. I certainly don't want to phone them or email them! It's clearly not statute-barred, as it dates from 2012. My hubby says that he can recall getting "some guff or other" (his words!) from Lowell in the past, but because he didn't know what they were talking about, he ignored it. Therefore, I haven't a hope of identifying what might have been received previously, or not. Your always excellent advice would be very much appreciated as to my next step. Scan Lowell 2.pdf Scan Lowell 1.pdf
  21. Hello all, I have received a letter from Link Financial with regards to a Barclaycard account. They advise my payment of £1 has not been received. I have checked my bank account, and the payment has definitely gone out, its on a standing order to be paid every month. Should I ignore this letter? I suspect its a ploy to get me to contact them.
  22. Hi, I had a credit card debt with Barclaycard that defaulted. It was then sold onto Link Financial, who I've been paying a £100 a month to for the best part of 2 years. I CCA'd the debt a while ago and they produced some paperwork with my signature and address, etc... Due to a change in circumstances, I stopped the payments 3 months ago and I'm trying to arrange a full and final settlement to clear the debt. They're currently not interested in negotiating, but I know this process can be slow. (Maybe quicker if they're not getting any more out of me each month) As I've stopped the payments, they're now getting heavy with the letters and threatening court action, but before that they're threatening to raise a default against my credit record. I didn't think they were allowed? I already have a default from 2 years ago for this debt from the original creditor, Barclaycard. Link Financial do appear on my credit report (they appeared when Barclays vacated) with a load of green markers for the payments I made, followed by 3 red markers for the months I've recently missed. If I continue to not make monthly payments can they record a fresh default on my account, as I obviously don't want this to happen? (I still have 4 years for my original default to drop off, but I don't want another default registering so my credit report will be poor for another 6 years) What's the situation with this? Can I ignore their threats and keep pushing them for a full and final payment, or is the likelihood of a default and their court action quite high? Thanks
  23. I have a car I've paid over half of and wish to return. I emailed them Friday to a previous correspondence address, no reply, I called them yesterday morning and "no one was available right now in VT department" they gave me a direct email address, still no reply. I want this returned by 20th as I'm going away, can I force them in to a speed up? What is reasonable notice? also does mileage penalty apply to the halves rule? The wording in my document says "You have the right to end this agreement. To do so, you should write to the person you made your payments to. They will then be entitled to the return of the goods and to half the total amount payable under this agreement, that is £11891.97. If you have already paid as least this amount plus any overdue instalments and have taken reasonable care of the goods, you will not have to pay any more." That seems pretty clear to me there is no more to pay?
  24. Hi, Looking for some advice on the attached letter from Cabot Financial please? I have another re the Faith card but is almost identical, but can upload if needed. Their 12 days is up on 01/10/17. I took out a Faith store card (balance £414.42) in 2004 and a British Credit Trust loan (balance £2027.73) in 2004 also. Both defaulted in 2006 and I put them with Consumer credit counselling service (Now Step Change). However, I stopped paying anything to these a long time ago and I don't believe I ever agreed anything with Cabot. Cabot are not showing on my credit file, although it does show that Cabot financial have searched my details in May 2017. Is it likely I am going to need to pay these clowns? They have had Resolve Call coming to my home. I have only managed to increase my credit rating recently so that I have a credit card and don't want these causing me any further issues. Any advice is greatly appreciated. Thanks British Credit Trust Letter.pdf
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