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  1. Hi, As per the title of the thread, I have been sent a form for a debt to Next Directory for £453.57. It gives a date of on or about 31/03/2008 and says it was assigned to them on 15/10/2010. I have never had an account, as such, with Next. The only thing I can think of is that I ordered six or seven items from them online in the after Xmas sale in 2007 and only two arrived. I remember phoning them and being told that the other items were being sent separately so to just pay for the two which had been delivered, which I did. An invoice arrived which stated that the other items were out of stock so, obviously, that was the end of the matter. The out-of-stock items would have come to about £400 pounds. It was a pain in the rear because these were "deferred" Xmas presents - we had just exchanged token gifts on the day so we could get the things we wanted half price a few days later. If that counts as having an account with them then yes, I did, but I never bought anything else from them, I paid for the items I received, never signed anything and do not owe them anything. What should I do now? It was nearly seven years ago so I don't have any paperwork and I am only guessing that this is the cause of the problem, if it isn't then I am stumped. I have a long running dispute with Barclaycard and have had lots of threat-o-grams so it is possible that Cabot have written to me in the past but I don't recall anything about this alleged debt.
  2. I really need some advise. I moved into a flat in Jan 2014, and was a full-time University student until June this year when I graduated. I received a 'summons' letter from the council in May regarding non payment of CT. I sent them my student exemption certificate in May. They received this, but failed to add my student discount. I lived alone in the flat. It was a 'studio flat'. I didn't know they hadn't applied my discount until I received another summons letter in August. I phoned them about this and they apologized and have now applied the student discount. However, they have not removed the summons charge and it is apparently £200!, it had increased from £60?. They basically said if I don't pay it, it will go to a company who will keep adding more money onto it. I called them a few days ago and they said to enter into a payment plan in order to stop the charge increasing. I agreed out of fear of that charge increasing but I will NOT be paying anything when I don't owe that council tax!. How do I dispute this summons charge?, surely it has to go to court before they can keep increasing the charge?. I'm very confused about it all. I'm currently receiving JSA and have very, very little money. Is there a way I can make this go to court?, surely the court will agree with me?. I have all the evidence from my University stating that I was indeed a student during that period. I also have all the letters that they sent me. If anyone can advise me on what to do that would be really helpful Thank you
  3. I would really really appreciate some help, as my gym owe me £2250 and will not refund me my money! I am very stressed about the situation and do not know what to do. In March 2013, I took out a 3-month membership with my local pilates studio. This cost £250 per month, for 8 classes. Over the next three months of the membership I managed to use 18 classes of the 24 that comprised the 3 month membership. However, in May (just before the 3 month membership expired), I advised the studio by email that I had to go into hospital so "I am not sure when I will be able to resume exercise, so it is probably best if I cancel for now. I think I have some classes remaining from my 3 month course - I will be in touch when I am well enough to use them." My clear intention was that I no longer wished to continue my membership. However, the studio continued to take £250 from my account each month. This is on the grounds that their contracts states "This is a 3 month agreement, which will thereafter be renewed on a monthly basis... After successful completion of the initial core period the member may cancel this agreement by sending a written confirmation to the studio before the first day of the final month of membership." I failed to see that the studio was continuing to take money out of my account as I was first in hospital, and then suffered a bereavement - it was a really difficult time personally, was not as on top of my finances as I would usually be (yes, I know!). Plus, in my mind, I had written to cancel so had no reasonable grounds to believe that they would still be taking money from me. In February 2014, I realised what had been happening and wrote to the studio, telling them that they owed me nine months worth of fees, ie £2250. They responded in March 2014, saying that they could not find a copy of my written cancellation confirmation as they had not been able to find this in their records. They said that in the absence of written confirmation, I had a total of 86 unused classes in my account. In April 2014, I had some time off work, and decided that as a gesture of goodwill I should use up some of the classes (I had thought that £2250 was a large amount for the studio to have to repay therefore if I used some of them up it would show willing). I managed to use up a further 24 classes during April and May. However during this time three things happened: 1. In May I suffered an injury during a class with one of the instructors. I had some physio to help the muscle. However I cancelled all my classes with that instructor and refused to schedule any more with him (that was the only class I had had with that instructor and I was not confident in their abilities). 2. I continued classes with the other three instructors that I did trust. However in June I had a class with another new instructor, and suffered two sprained ribs. This was very painful and again, I had to have physio. I told the studio that I would not take classes with that instructor again. 3. During this period, I had found it increasingly difficult to get a class when I wanted one. I repeatedly told the studio that I had seven hours a week when I was available to take a class . They repeatedly told me that they did not have any classes available for me then, and kept offering me classes at other times (eg during the working day, when I was at work!). I have numerous emails between me and them documenting this. As a result of both the injuries which caused me to lose faith in the studio, and the fact that they couldn't actually provide me with any classes, in June I decided that I had done enough to try and use up my classes and now wished to be refunded the remainder. I therefore wrote again to the studio, telling them this, and that I therefore wished to be refunded for my remaining 62 classes - a total of £1940. I enclosed a copy of the email that I had sent them in May 2013 cancelling my membership. In September, I received a response from them. They said: 1. they required a written confirmation sent to the studio address. The email could not be taken as cancellation, as "it refers to the cancellation and re-scheduling of classes but does not refer to the cancellation of your membership contract." I don't think this is right - my email could not have been taken as referring to cancelling classes, as at that point I did not have any classes booked to cancel, therefore it should reasonably have been taken as meaning my contract. Surely if they thought I meant cancelling classes, as they say they did, then they would have responded to say that I didn't have any classes to cancel? 2. That "classes were used during this period (from April to December 2014) which in law is described as a continuation of a contract". I clearly had no idea it would be taken a continuation of a contract - I had thought I was doing them a favour by using up some classes so they had to repay me less - so much for a gesture of goodwill! 3. That "as goodwill, they can offer me either to use up my remaining 62 classes or to cancel my membership and lose all my money". I don't see how offering me to lose all my money can be described as a goodwill gesture! I also cannot use up my classes, as they have repeatedly told me that they cannot give me a class when I am available to take a class. (In addition, after not one but two injuries I have lost all faith in them.) I really am at a loss as to what to do, and am very stressed about the situation. I presume my only option is to take them to the small claims court on the grounds that (1) I did cancel my membership (2) they cannot fulfill their part of the contract because they can not provide me with a class when I can take a class and (3) loss of faith due to injuries (and I have not attempted to reclaim the cost of my physio which I had to have as a result of the injuries, which totalled around £750). Does that sound right? I would really appreciate any advice - I obviously cannot afford to just write off nearly £2000, as they seem to be suggesting!
  4. The Big Six energy suppliers have launched a campaign to reunite former customers with money left in credit in a move that has been welcomed by consumer groups and the regulator. The MyEnergyCredit campaign will encourage customers who have switched suppliers or moved home without leaving a forwarding address to get in touch with their old company if they think they have left money behind. Energy UK said £153 million in unclaimed credit had accumulated over the last six years, with the average balance at around £50. The trade association said from now on, after two years any unclaimed credit would be put towards funds to help the fuel poor and vulnerable, which would amount to at least £65 million over five years. http://www.myenergycredit.com/
  5. Morning Everyone, First of all many thanks for taking the time to read and help me with my problem. A few years ago I had a overdraft with HSBC which I defaulted on. They instructed Moorecroft to collect the debt which I paid back of a 4 year period. I finished paying this late April. I then received a letter from Moorecroft saying the account had been settled and I had actually over paid by £40.00. Moorecroft told me that I would need to contact HSBC to arrange for this money to be returned. I called HSBC who wouldn't speak to me as my account number and telephone banking details are no longer valid. I went into my local branch who advised me to call Moorecroft as they have nothing more to do with me. Moorecroft said the same. I emailed both HSBC and Moorecroft on the 17th June asking who was responsible for paying me back. I only received a response from Moorecroft saying it was HSBC's responsibility. To this date I have still not received any response from HSBC. What would be my next course of action? I would really like to start charging them interest for not paying me back like they did me. I know it's not large amount of money but its the principle that they hassled I'd like them to know how it feels Any help would be very helpful.
  6. In 2012 when my dad moved into a flat he asked social if he can have a loan to furnish it. They refused the loan and heard nothing from them until a few days ago. He received a letter saying he owed them £70, which I know he doesn't. Of course he will call them but does he need proof he was refused the loan? He's currently having problems with the bank right now and needs to change it but none will have him because he has become over drawn with some before. This bank is taking out money when he doesn't have any. And he's got yet another charge on there. I don't know where else to put this as only on here can I post anything.
  7. Hello all, i'm new to forums and here and just looking for a little help and advice. Today after picking my mail up i have received a letter from Department for Works and Pensions, telling me that their records show i owe them just over £15,000. I was shocked and horrified, at first thinking is this some sort of joke. But the letter is short and looks genuine. the letter tells me that if they don't hear from me from a certain date for repayments they will accept this as my choice and issue no further reminder letters. The next step would be to recover the amount from contacting my employer or asking a debt collection agency. I have not been on any form of benefits for about 18 months now as i got dismayed and lost with the whole system in general a nd managed to get by where i can. I have no fixed address and not employed. Do i make contact with the DWP to resolve this by entering into a contract as to speaking to them? Is there anything they can do in my current circumstances? I'm lost and speechless at the moment sorry.
  8. Hi everyone, Before Christmas 2007 I ordered an extra wii remote control from studio. You cant pay for it until after you have received it when you will the be sent an invoice When I ordered the webiste said they were in stock but after I ordered they advised it would not come until after Christmas. As I wanted it specifically for Christmas I tried to cancel the order but was told just to return it when it came. I ordered one off Ebay instead and sent the one I ordered from Studio back via registered delivery when in came in 2008. I am now being chased by Mackenzie Hall for the money. I have told them twice that I had sent it back but they wanted me to prove it by sending them a copy of the registered delivery slip I got from the post office. Obviously I dont have that now. As I recall the original prie of the wii remote was about £60 quid but apparently I now owe nearly £400. Im getting sick of the letters, texts and calls from Mackenzie Hall and dont know what to do next. Any advice would be appreciated Blinkin73
  9. I took out £15k loan when I were 16 and gave it to my brother because he asked me to. Long story short, He paid me for a year or so, then lost his job. Couldn't pay me, then he went to prison for something else. My mother helped pay it for some years and bought it down to £12k. She couldn't help any longer and so I stopped the payments. I had many letters at the time, and get a letter every 6 months reminding me about it. But other than that, They didn't chase it since 2010. What is likely to happen?
  10. Hi guys! Took out a gym membership 3 years ago, suspended it for a year but found out the payments had still been going out. Rang the gym who said they would refund but then changed their mind. Spoke to my bank about the situation and they refunded me the money. Problem now is... two months after the bank refunded me, the gym has started emailing me saying my account is in arrears and I have to pay them the money back asap. The longer I take to pay them the more they'll add to the total I owe! Can they actually do that??? I'm not sure where I stand in this situation. Please help!
  11. Hello, I am after some advice for an issue I have with Virgin Mobile. August last year I cancelled my contract at the end of term. I called the one month before the contract renewal date to tell them I did not want my contract to renew. I was told that everything would be cut off at the end of August and I wouldn’t receive any further charges against this contract. In the December of 2012, I was going back through my bank statements and I noticed that the monthly charges for the mobile had continued. I contactedVirgin to get this resolved. I received a quick reply and apology and I wastold that the money wrongly debited form my account would be paid back to me. I never saw this money go into my account I sent another complaint tovirgin telling them that the money owed to me was not paid back. Weeks later Ireceived a phone call. The chap apologised, blaming computer issues blah blahblah... I was told that the money would be put into my account within a week. Ichecked my bank and I have discovered they have only paid back £15 which is aquarter of the amount they owe me. Please can someone tell me what my next step should be? Are they in any wayin breach of the contract? Will I need to complain to CISAS? What type ofresponse shall I expect to get from Virgin for their failure to give me backwhat they owe? Will they offer a gesture of good will? On another note, before I noticed that there was this problem with myoriginal contract, I started a new contract with virgin to take advantage of adeal that I had seen. Any help or pointers will be greatly appreciated.
  12. Hi, I will try to make this as short as possible... In 2006 I received letters from the Lewis Group concerning a debt owed to NEXT. I asked them repeatedly for the CCA as I had no recollection of this debt and has not lived at the address they claimed it was taken out since 2000. They used their usual threats and because I did no know any better I started paying them £10 a month. To cut a long story short, I carried on paying this debt until this month. In the meantime, I had contact from Lowell about the same account, in 2013. I asked them for the same information about the account and all they could provide was a couple of statements dated 2004 as NEXT said the account was closed. In the end Lowell sent a letter saying they had taken a commercial decision and decided that no money was owing on this account. However, due to constant changing of reference numbers, I have only just twigged that I have been paying Lewis for this debt still. However, although Lewis have agreed they sent the account back to NEXT in 2011, they deny any money is owed back to me. I therefore have been paying Lewis £10 a month for the past two years for a debt that they didn't have. The problem comes that they have used a different reference number, therefore I have been paying under a different reference number for the past two years. It adds up to £220.00. I have complained to Lewis and they are saying they do not believe they owe me any money, but they are not acknowledging the amount I paid once the account was sent back to NEXT. They just say they do not owe me any of the £870.00 they claimed while the were dealing with it. Does anyone have any suggestions as to how I get this money back?
  13. I have an identical situation to Haywok ( http://www.consumeractiongroup.co.uk/forum/showthread.php?399029-Sheilas-Wheels-claiming-I-owe-them-money&p=4306961#post4306961 ) plus a little extra. I rang at renewal to get a competitive quote. The quote was above quotes I had already found on the internet (including Sheila's wheels by the way). I told the lady I would not be renewing and cancelled my direct debit I then decided It was time to put my old convertible on the road for the summer so "SORN'D" the car covered originally by Sheila's wheels & went with another company Some 2 moths later I received the "you owe us...." letter. I explained the situation and sent a copy of my new insurance for another car to them. This wasn't good enough and they demanded I send them a letter from DVLA showing the car "SORN'd". After obtaining the DVLA notice I emailed it to them. They emailed back asking me to call them. Instead I wrote explaining the situation and asking for the matter to be closed as they stated they would. A few days later I received a letter & email from a debt collectionicon company chasing this huge sum (£45) on behalf of Sheila's Sharks. It looks to be a nice little earner for Sheila's wheels. Anybody got thoughts on my next move?
  14. I was hoping that someone may be able to give me some advice regarding a letter I have received from Sheila's wheels demanding payment of £46.33. my car insurance was due for renewal on 24th June. I had paid all of the premiums for the previous year, the last of which was debited from my account in April so as far as I was aware my account was clear. I looked for some new quotes & found similar cover for the year £60 cheaper. I tried to phone to cancel my renewal but lost the will to live waiting for someone to answer my call, I gave up in the end and I cancelled my direct debit with my bank so stop any direct debits being taken from my account. Approximately 3 weeks ago someone from Sheila's wheels telephoned me I assume to do some type of survey. I informed the person that I had not renewed my cover and she promptly ended the call. I have now received a letter dated 1st August which says We note from our records that your policy has recently been cancelled with us. There is an outstanding balance of £46.33 for the cover provided. Please call our Customer Services Department on the above number by 11/08/13 to arrange payment of this balance, we will then close your policy records without the need for further action. If you can provide proof of sale or alternative insurance during the time you were insured with us then please provide this so we can backdate your cancellation date. This may reduce the amount outstanding on the account. Failure to make payment can result in your outstanding balance being referred to a third party collection agency and may result in your credit status being affected. We thank you for your business and look forward to hearing from you. Does anyone else have a similar experience with this or any other insurance company. Should I just send a copy of my new insurance details as requested or is it likely they will take further action for such a small amount if I ignore their letter? Any comments would be much appreciated as I feel as if I am being bullied by Sheila's Wheels.
  15. I've had a letter from RBS headed "Information regarding an account you may have previously held with us". It says they are writing in relation to an account which "you may have held with us in the past and is now closed", and goes on to read, "There is a possibility we owe you a refund on this account which we would like to discuss with you", and goes on to provide phone number and contact details. Now the thing is I did have an account but effectively abandoned it after it went overdrawn following a direct debit which was taken out a day early, and after the bank refused to repay and I refused to pay the money in to cover the o/d, they continued to add charge after charge and the last I heard it was around £800 overdrawn, all of which were charges. This was around 6 years ago so it could be statute barred by now anyway but I have no records and have since moved house. Question is, is this a ploy by RBS to try to confirm that they have "found" me so that they can (try to) pursue me for the debt rather than offer me a refund? Has anybody else had a similar letter? It's come from the "Customer Refund Team", Chatham in Kent.
  16. I received a letter from Quoteline Direct 2 weeks ago claiming I owe £96 from a previous insurance policy, they then offered me a reduced amount. My issue is my house insurance is in my husbands name, not mine and hasn't been in my name for 3/4 years now, I couldn't even tell you who insurance was with when it was in my name but I do know it was cancelled to do a new policy in my husbands so I do not owe this money. I received another letter yesterday with a different amount owing and a lower reduced amount what do I do? I'm trying to build my credit rating and this could affect it it says, is this true?
  17. Hello all, I am a total novice to all of this, so apologies for being a bit wet behind the ears. I would really appreciate some help and advice over a matter that has recently happened to me. I don't know how much info you need so I will just tell the full story, sorry if it is too much info. I took out a store card from the high street shop “Warehouse” (IKANO) in Sept 2004. At the time I lived in Glasgow. I never should have taken out the card as I had no real intention of using it, I only took it out to get an on the spot discount on a large purchase. To the best of my knowledge I never used the card, but never got round to cancelling it either. In June 2008 I moved from the Glasgow address to a new town about 10 miles away, where I still live today. When I moved I hadn’t used my Warehouse card for almost 4 years, and did not think I owed them any money. I had had very little correspondence from Warehouse over the years as I had not used the card. When I moved I did not contact them with my new address, and over the years I totally forgot I had ever had the card. In Oct 2012 I got a letter from the debt collection agency Lowell saying they had purchased my debt of £50.74 from IKANO and that I needed to pay them this amount asap to avoid further action against me. I called them and said I had no idea what the £50.74 was for, and they said they would get the details from IKANO and post them out to me. In Dec 2012 I got a letter from Lowell which included a breakdown of money I owed. The breakdown said I had made a purchase on my Warehouse card of £2 in Dec 2004. Nothing further seems to have happened until Dec 2009 when a fee of £12 was added to the account for non payment of the £2. Further fees were added each month for non payment up until March 2010 when the amount owed had reached £50.74. At this point the debt seems to have been marked as default. They also sent me a copy of the contract I had signed when I took the card out in Sep 2004. In September 2012 the debt has then been passed on to Lowell to chase, and they then tracked me to my new address and contacted me. Until October 2012 I was unaware that I owed anything and am now unsure if I have to pay this debit collection agency or if they are just chancing their arm chasing up old debt hoping I would pay them? My main fear is that because I never contacted IKANO to tell them I had moved in 2008 I have missed any letters they sent me in late 2009 and early 2010 telling me I owed them money, and therefore this debt has resulted from my mistake. However it seems unfair to me that they could wait 5 years before contacting me to tell me I owed them £2 in the first place – is this not statue barred? I have checked my credit status on the 3 main sites, and equifax do have it recorded that I defaulted on my Ikano debt in March 2010, but it is marked as settled - not sure if this means they have written in off or what? None of the other credit report sites had a record of this debt. I have never been in debt and don't even have a credit card. I have a Mortgage which I got in 2008 when I moved and was hoping to remortgage next year so that we can move to a big place as now have children. Is this Default on my record going to cause me problems with credit/mortgage. I would really appreciate your advice on the above issue as my most recent letter from Lowell says I have to contact them within 7 days or they will instruct their solicitors to take action against me. They are calling me several times a day and I am currently avoiding their calls. I also am really worried that if I do not pay this debt my credit rating will be affected. Can't believe all this hassle and stress over £50, am tempted just to pay to make it all go away! Thank you so much for reading and in anticipation of your help and advice
  18. 18 years ago I took out a loan to buy a tenancy for a pub. 16k loan plus 1k payment protection added to the loan. 90 months later all paid off, (35k) So if I had the paperwork, how much do they owe me? just a thought,
  19. My credit cards have been put into Legal Dispute over a year ago. A request for my original agreement was requested and to date this has not been forthcoming. My accounts have been passed to Debt collection Agencies and often change i have worked out every 6 months or so. I have ignored them to date and door step visits i have quoted on a regular basis OFT rules they have to pre book an appointment. It has come to my attention without a copy of my original agreement chasing me for payment is unforceable. I am at the point now where i want to send a letter to the debt collection agencies challenging them to prove i owe the money. I know they cant. Can you help me with a letter or is all my information incorrect. I look forward to your reply.
  20. two weeks ago a vehicle hp agreement was voluntary terminated after reaching the settlement figure {1/2} the direct debit was then cancelled before the next payment was due. there is a seperate agreement liabilty of £1,392.55 for ppi, yesterday she was told that she must keep paying the full monthly agreement of £342.29 until the ppi is cleared. is this correct as the statement of price reads payment protection 48 months at £57.43. I believe she has been mis sold this ppi on a couple of major issues. {1}she holds 2 jobs both over 17 hours a week and the finance was given on the added figures of these jobs, she would have to loose both jobs for the unemployment part to kick in. {2}She is a civil servant 35 hours a week so gets paid while sick so there was no need for sickness part {3} she was told it help her case for finance if she took out insurances does she have a valid case for claiming back the ppi thanks for any help peeps
  21. Is anyone else being pursued by Tesco Mobile for £690 when they have never had any connection with them? If so, take a look at TheGuardian money pages 29th June (online) "Fraudsters sail past Tesco Security". Like the unfortunate Mr Firth in the article I am being pursued for exactly £690 and like him have never had an account with them. Like him I found Tesco complaints dept. ignored my letters and like him I got a letter from their debt collectors Frederickson International. Like him, Tesco know my name and address and date of birth and say they will continue to pursue me unless I tell them a lot of personal details. This is clearly because they don't have them already. So they allowed someone credit on a monthly account without making reasonable efforts to verify their identity. And because of their carelessness they have to pursue ordinary people for money which they do not owe. Tesco Mobile has put a note on my Equifax credit report showing I have 2 overdue payments. According to the article someone went into a store and took out an account in Mr Firth's name, and, it seems, probably mine as well. So I suspect that there are a lot of other innocent people out there in the same boat and if you are one of them please post a reply. I've found that there is quite a lot you can do, but firstly :- -- don't tell Tesco Mobile any of your personal details, no matter how much they threaten, they aren't entitled to know and the fact that they don't is going to show them up badly later on. -- deal with everything in writing, you will need all their correspondence and yours at a later stage. Will post more later if there are any replies to this.
  22. Hi I had a contract with 3 between march 2005-06 paid it up in full and cancelled the direct debit, I thought that would be the end of it. Fast forward two years and 3 have Lowell chasing me for some ridiculous amount which I ignore due to not owing it. Since 2008 I’ve had a number of companies chasing me and all have given up. Today I received a letter from Provident stating they have acquired the legal rights to the debt, offering me a fresh start loan (for a debt I don’t owe) threatening me in a polite way with one of their doorstep agents. Thing is I know for sure this would be statute barred now but I don’t know whether I should respond in writing after staying silent for over 6 years. I didn’t want to respond in fear of opening the flood gates of phone calls and letters. Should I respond with the doorstep letter, stat barred letter or a combination?
  23. Hi Guys, This may be simpler and really I am looking for confirmation that I am going in the right direction but: In October 2002 I took out an £800 12 month loan with HSBC; with no bank account, HSBC opened a new account from which to take the funds. I finished paying the loan in October 2003 (just after I left for uni) and as far as I am concerned, this was the last time I used the account until October 2005 when I for some reason (not sure why), I deposited the amount of £37.52 - not sure as to the precise nature of the amount, but I do remember the purpose of the visit to the branch was to gain some mortgage literature. I also remember at this time changing my address to reflect my uni address (when I left for uni, I left my parents house permanently). Fast forward to February 2012, I was contacted by Lowells about an outstanding debt of £327.52 owed to HSBC - it seemed very random given that HSBC had not contacted me in the past regarding this so I advised Lowells that until Lowells / HSBC can prove the debt was mine, that I shall be disputing. Lowells informed me that they would go and request the statements from HSBC. I remained in regular contact with Lowells who informed me that they were still waiting on the statements. Finally, on the 9th June, the statements turned-up, the trouble is, HSBC had sent 60 pages of statement starting from statement page 034 dated 19 July 2005 which starts with an opening balance of £227.37 and nothing else. Lowells have written in their letter that "they see no reason why they are not entitled for me to pay the debt" so I called them and advised that a balance brought forward does constitute proof that I rang-up the debt providing them with a couple of scenarios one being that I could have decided to take-out student possessions insurance with them, then cancelled within the cooling-off period and that this debt could therefore be for a first payment that was never refunded but without the missing statements, we will not know what the debt is for; I should add at this point that I did receive a zero-balanced loan statement so I know it is not for this. Lowells advised that they did not expect HSBC to hold statements back any further than 6 years whereas I said that until HSBC can prove that the debt is mine the balance shall remain in dispute. Lowells did say whilst I was on the phone that the account was defaulted in 2009 and that HSBC would have been contacting me for some time before, yet the only address HSBC have ever held for me was my parents address, this seems odd to me since I changed the address in 2005, 2006 and 2007, also, I advised them that my parents sold their house in 2006 so should they have tried to send letters, it was likely that the mail would have been returned (hopefully). Unfortunately, due to a mistake of my own, the plot thickens. I know how this can look but, the previous evening 08/06/2012, I had received a letter from Lowells asking for the amount for which I contacted the and advised that I had not yet received the statements. I then entered into a dialogue with the girl during which point whilst I persistently disputed the debt, I asked about the default, now being on hold, and could it be removed until investigations had completed, she advised not but she also advised that one possible solution to cleaning my credit file would be to begin payments so that it would "look good on my file" and then to claim the amount back if the debt subsequently proves to not be mine. Being straight after a particularly long day and my mind not being in 'alert' mode, whilst I continued that the debt was in dispute and she too accepted this, I accepted this proposition which the following day Lowells sought to use against me as "my accepting the debt"; I have since cancelled my payment arrangement citing that HSBC need to prove that the debt is mine but Lowells are still seeking to rely on my acceptance of a payment plan as grounds that I accepted the debt. Even though during the course of the call (the second call once the statements had been received 09/06/2012), Lowells sought to control the call I maintained my position that I shall dispute the debt until it is proven and it is likely that this would also be a court's position should we go down the legal route. At this Lowells said that at least for now, if I am disputing the debt then collections activity shall commence though it is currently not in their interests to go legal - yet. I want to know where I stand with this and whether I am in the right or does a balance on an account with no supporting evidence that the debt is mine constitute a recoverable debt? I also want to know where I stand with the 'accepted' debt and also, what would be the best course of action regarding the forthcoming collections activity and finally, in the circumstances with HSBC unable / unwilling to provide any supporting evidence that I owe the debt, is it legally enforceable? -- I should add, that whilst the statements open on page 34 [19/05/2005] with an opening balance of £227.37D, with exception to the £32.57 I deposited in October 2005, the final balance of £327.52D is solely made-up of their interest over the next 4 years.
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