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Found 6 results

  1. Hi all, I am new to this and I hope the good people out there can help me. I used to be in terrible debt problems in the second half of the 00's and beginning of the 10's - with many credit cards and unsecured loans. All of which I was paying large amounts of penalties and interest. This was with Lloyds, Natwest, Egg, Virgin and MBNA. A few weeks ago I received a letter from MBNA (relating to a Virgin credit card account) saying the when my credit card account was in arrears they should have sent me a notice of sums in arrears on 21st September 2009 but as a result of an error they didn't. Therefore they have refunded any interest and default fees that were added from the date and the date of this letter (9th Jan 2018). The total (to my amazement) was a £9k refund in the form of an attached cheque. I did not believe it until the cheque cleared which it now has. I have some questions: 1) Should MBNA pay me interest on top of this for keeping this money over the period of time. I think I am right in saying that if this was resolved in court then I would be due 8% straight interest on the refunded amounts. 2) How do I check if I am due refunds from Natwest, LLoyds, Egg? I did not receive anything regarding a sum of notice in arrears at the time as far as I am aware. - What criteria do they need to send the notices of sum in arrears? I have read on line that many of the top institutions failed to do this but could not get any real details. - Does this apply to credit cards and unsecured loans? - Can I do anything to chase this with them or is it a case of wait and see? I have found the odd article on this on line but am struggling to see if I have a case and if so what I need to do. I have rung Natwest and LLoyds and also went into the branch - but all useless and they had no information on NOSIA refunds or investigations. Anyway - it would be fantastic if anyone out there can help me on this. Many thanks and appreciation in advance Charles
  2. 16/11/15 Loan Start Date £200 26/03/16 Default Notice (Did not receive) 01/07/16 Default Registered 26/10/16 Account Settled 17/08/17 Complaint to Creditor (Dismissed) 31/08/17 Referred to FOS (Ongoing) 07/10/17 Letter from Creditor (Very important) Summary: Took out a payday loan for someone in my name - stupid I know. The agreement was signed and funds were transferred on 16/11/15. No repayments were ever made. Apparently a default notice was issued on the 26/03/16 but I do not recall receiving such notice. A default was then registered on my credit file on 01/07/16 and I settled the account on 26/10/16. The default is now showing as satisfied on my credit file. I made an official complaint requesting the company remove it immediately because I didn't receive the notice. The complaint was dismissed and currently with the financial ombudsman. Since referring the case to the FOS they magically produced said default notice but it's the first time I've ever seen the document and it's missing legal information. I believe they made it up purely for the sake of the complaint.... I received a letter yesterday from the creditor (bare in mind the case is currently with FOS) saying they should have send me a NOTICE OF SUMS IN ARREARS in accordance with section 86B of the CCA 1974 on the 16/06/16 and that they are sorry for any inconvenience caused. They go on to state there was a system error that prevented the database from generating the notice. This notice contains information about what I could have done to bring the account up to date and consequences of ignoring the notice. Please refer to the dates above - am I right in saying now they have owned up and apologised for not sending me this notice (required by FCA) that they wasn't entitled to enforce the agreement (Arrears Notice Penalty)? It's bad enough I didn't receive the default notice but now this...... ..I'm living a nightmare! Is this new grounds for default removal? Credit profile is now clear this is the only thing tarnishing it! Any advise or template letters appreciated.
  3. Amongst other issues dispute with Welcome Finance, initially attempting to repossess car "forthwith no court order needed" as it was "linked" to a joint personal loan the hp in my name only and not in default +over1/3 paid Dealt with that one sharpish. When over 1/2 paid finances tight with divorce very carefully enquired regarding re negotiating payments advised not possible so again very carefully said that I wished to exercise my right as sufficient sums had been paid to return the vehicle in full settlement, after some time I had to sorn it and put it into secure storage. Then it was removed. Then the you owe thousands letters started eventually told to put up or go away ...long silence now after sending a notice they are terminating agreement and will recover car( been gone a year) calls and finally a letter asking for £2,064.19 from Atlas who are "a trading name of Welcome Finance" I have replied: 17/11/2011 Dear RE: Notification of Instruction Your ref: Thank you for your letter 14/11/11 advising me that you have instructed yourselves to deal with this matter. As you have already no doubt carefully noted the letters and faxes sent regarding this issue you will be aware that there is no outstanding liability to yourselves for yourselves to pass to yourselves trading under any name and I am therefore surprised that you have instructed yourselves in this manner. I assume that the turmoil caused by the recent financial difficulties of the group may have introduced some lack of clarity within your procedures. This matter has been discussed with yourselves in detail before your cessation of loan activity and restructure and I see little point in resending the letters etc. to you acting for yourselves under a different name. I would make clear to you that I will not accept any dealings with yourselves trading under any name or by agents acting on your behalf, by means of phone calls, texts or any other means of communication to any phone number or other electronic account that you now hold or may obtain. I will take appropriate and proportionate action should any such contacts re-commence. It is your responsibility to ensure that any such agents comply. As you have drawn my attention to this matter I had considered closed I will of course undertake a review and I will contact you as soon as is practicable should I find any miss-selling, over or unlawful charging or practices which would give grounds for my making a claim against yourselves. Yours faithfully Anyone had any dealings with Atlas Collections? I suppose a SAR is next and settle in for a long haul
  4. I have been trawling through this site for some advice but cannot find the exact answer to my question. If a Notice of Sums in Arrears is defective then no interest can be charged during the period of non - compliance. Does that include contractual interest on my agreed contractual payment? I mean if I take out a CCA loan I was wondering if its better for me to default and get an interest free loan should the Notice be defective then explain to the credit reference agencies to clarify the default on my credit file as the lender would have incorrectly charged and therefore incorrectly reported the arrears on my account. Hope that makes sense. I just cant believe that this is true if borrowers in arrears are better off than borrowers who make their payments on time and for the correct amounts? Heres hoping im right lol
  5. We have had a reposession order suspended on our flat that we rent out for four months now while sale of the property goes through - we have had to extend the lease in order to sell the property...landlords gave us estimate and on that basis we agreed price with buyer...we have just found out that the actual amount they want is far higher and this puts us into negative equity alongside all the other expenses of the sale... We may have no option but to allow the property to be repossessed if thats the case what are the repercussions financially? Is our obligation to mortgage company satisifed on that basis? Thanks very much GIB
  6. Hi, I recently sent a SAR to Welcome and have received a statement that shows a "Principal Credit Adj" of £573.96 with no other explanation. I have managed to find various letters and documents that I have scanned onto this post. None of this makes sent to me, can someone have a look at them and tell me what might be going on? If I go by the latest notice the balance outstanding is more than the balance shown on the notice from "their" collector who I pay. I am still waiting for their SAR by the way, these are just my documents. I have to upload them 5 at a time, different posts, sorry. Any help please?
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