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  • gwlad
    replied
    Originally posted by gwlad View Post
    M and S
    • Loan
    • Date commenced: 2000
    • Approx balance-£8000
    • Date last paid -July 2002
    • Are you on arrangement or not paying:-stopped paying DMP August 2016
    • Status-previous default that has now dropped off credit report
    • Account owner-HPH2 - RW Agents


    This debt has a CCJ from 2004 and a restriction on my property by the OC. However on investigation M and S have sold the debt but RW have not replaced their name on either the CCJ or CO. I think they will need to go to court for this. The CCJ was a judgement forthwith I believe as M and S just wanted to get the debt secured via a CO(its is however a restriction as debt in my name house jointly owned) . I wasn't ordered to pay any installments by the court - my DMP sorted out monthly payments which varied up/down annually. Have had a few lame letters off RW and a few calls but nothing much. I have rang M and S as I am not happy that I have a restriction on my property saying I owe them money but they have sold the debt. They told me they will remove the restriction if RW contact them to say the debt has been settled. I don't agree with this as its their problem if they sold it on incorrectly. I have received no notices of assignment and there are none in the SAR I received off M and S. Can anyone offer any advise please on this.

    I am going to need to get this restriction removed as need to remortgage. M and S no longer own the debt but they have stated they need confirmation from Hoist that the debt has been settled.

    I am loathe to do this as there is no paperwork etc regarding the CCJ so they will not be able to substitute (if that even possible after 15 years)

    Can anyone recommend a letter I can send to Hoist for F&F - i was thinking of 10%. They recently offered a 25% discount.

    Leave a comment:


  • gwlad
    replied
    Originally posted by gwlad View Post
    M and S
    • Loan
    • Date commenced: 2000
    • Approx balance-£8000
    • Date last paid -July 2002
    • Are you on arrangement or not paying:-stopped paying DMP August 2016
    • Status-previous default that has now dropped off credit report
    • Account owner-HPH2 - RW Agents


    This debt has a CCJ from 2004 and a restriction on my property by the OC. However on investigation M and S have sold the debt but RW have not replaced their name on either the CCJ or CO. I think they will need to go to court for this. The CCJ was a judgement forthwith I believe as M and S just wanted to get the debt secured via a CO(its is however a restriction as debt in my name house jointly owned) . I wasn't ordered to pay any installments by the court - my DMP sorted out monthly payments which varied up/down annually. Have had a few lame letters off RW and a few calls but nothing much. I have rang M and S as I am not happy that I have a restriction on my property saying I owe them money but they have sold the debt. They told me they will remove the restriction if RW contact them to say the debt has been settled. I don't agree with this as its their problem if they sold it on incorrectly. I have received no notices of assignment and there are none in the SAR I received off M and S. Can anyone offer any advise please on this.
    January 2019 notice of assignment received from Hoist HPH2 to Hoist UK - other than that not a lot from them. Really want to get this restriction removed as need to remortgage - any suggestions

    Leave a comment:


  • gwlad
    replied
    Originally posted by gwlad View Post
    M and S
    • Loan
    • Date commenced: 2000
    • Approx balance-£8000
    • Date last paid -July 2002
    • Are you on arrangement or not paying:-stopped paying DMP August 2016
    • Status-previous default that has now dropped off credit report
    • Account owner-HPH2 - RW Agents


    This debt has a CCJ from 2004 and a restriction on my property by the OC. However on investigation M and S have sold the debt but RW have not replaced their name on either the CCJ or CO. I think they will need to go to court for this. The CCJ was a judgement forthwith I believe as M and S just wanted to get the debt secured via a CO(its is however a restriction as debt in my name house jointly owned) . I wasn't ordered to pay any installments by the court - my DMP sorted out monthly payments which varied up/down annually. Have had a few lame letters off RW and a few calls but nothing much. I have rang M and S as I am not happy that I have a restriction on my property saying I owe them money but they have sold the debt. They told me they will remove the restriction if RW contact them to say the debt has been settled. I don't agree with this as its their problem if they sold it on incorrectly. I have received no notices of assignment and there are none in the SAR I received off M and S. Can anyone offer any advise please on this.
    January 2019 notice of assignment received from Hoist HPH2 to Hoist UK - other than that not a lot from them. Really want to get this restriction removed as need to remortgage - any suggestions

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by gwlad View Post
    I have an update on the claim. Thanks to Joanna Connolly and Diana May-hew the claim has been discontinued. I have also received a letter off PRA after complaining about their behavior during collection activities - they have written the debt off and awarded me £150 compensation.
    Winning is always nice but getting £150 compensation on top is even nicer.

    Definitely a Christmas bonus

    Di



    Leave a comment:


  • Susie
    replied
    Congratulations to all involved, that must be a lovely christmas present

    Leave a comment:


  • JLC
    replied
    Well done to all

    Leave a comment:


  • gwlad
    replied
    Hi All

    I have an update on the claim. Thanks to Joanna Connolly and Diana May-hew the claim has been discontinued. I have also received a letter off PRA after complaining about their behavior during collection activities - they have written the debt off and awarded me £150 compensation. All in all a very good outcome.

    Many thanks to all who advised and thanks to this forum. Without this forum I wouldn't have had a clue about enforceability etc.

    Happy Christmas to you all

    Leave a comment:


  • The Tech Clerk
    replied
    send Recorded Delivery

    Leave a comment:


  • gwlad
    replied
    Thanks both AOS completed Thursday CPR 31 going Monday will keep updating

    Leave a comment:


  • The Tech Clerk
    replied
    keep us updated

    Leave a comment:


  • Susie
    replied
    Sounds as if they issued a bulk load of claims and had not processed your letter before they did so. Definately stick to the court deadlines, the last thing you want is a default judgement. Good luck with it

    Leave a comment:


  • gwlad
    replied
    Letter received from PRA in reply to my LBA . They are sorry about my complaont and it is being investigated by their complaints department and all collection activities on hold. Are these people real they received my letter on 16th October and still issued claim on 17th. I will be keeping to court's deadline.

    Leave a comment:


  • gwlad
    replied
    Letter received from PRA in reply to my LBA . They are sorry about my complaont and it is being investigated by their complaints department and all collection activities on hold. Are these people real they received my letter on 16th October and still issued claim on 17th. I will be keeping to court's deadline.

    Leave a comment:


  • The Tech Clerk
    replied
    keep us updated

    Leave a comment:


  • gwlad
    replied
    Thanks cymruambyth - I am in touch with Diana M and will keep you posted. My wife opened the envelope - we have been expecting it she is also not bothered - she is even more determined than me to fight this!

    Leave a comment:

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