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  • #61
    Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

    Originally posted by jules3107 View Post
    Do I now send a letter to Cabot telling them I wont be paying another penny until I get the CCA or not? But I think you will tell me to just sit tight and say nothing at this point lol.

    Jules xx
    As Deepie says above, ignore them for now as it is them who are in default and it is them who CANNOT enforce the debt whilst the request remains outstanding so you are in control, why would you force them to hurry it up taking the risk they could find it quicker and start action quicker? Lol

    Never chase them unless we guide you to, there is a game we must play to achieve UE and that is like high stakes poker at times
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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    • #62
      Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

      Niddy,

      I feel like your my little voice in my head/ my words of wisdom lol

      Also the rest of you guys are FAB Thank You !!

      Jules xx

      Comment


      • #63
        Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

        Hey guys

        Just been looking through my DSAR from Halifax (re mortgage signed 1996). To my surprise, all they have is our initial application for a mortgage and no actual signatures for the actual mortgage itself, just seem strange. As I have already been told (by Halifax) that if a mortgage is still live, they NEVER shred anything until its all paid in full. So where the hell is our actual original signed agreement? Also we never had a copy of it at the time and it was not sent later. We did have rates of interest on separate paperwork sent but nothing else.

        We did make updates to our mortgage and had a reduced payment plan and in fact we are still on that plan, it should have changed in 2005, but they didn't bother, yet all the paperwork is in tact for that minus any credit agreements for the mortgage and the update?

        But on a better note, we are trying to free up collateral in the house to put a deposit on a house next door lol.....(yes really cheeky I know) but its a buy to let for my daughter and hubby and grand kids. They (bank) know about the CCJ and it was from them originally/Cabot, yet we have already passed all credit checks. SO WILL THEY OR WONT THEY? I say no, but as the woman told us, we have a good case and things have changed and she has known in the past of them giving to other people with a CCJ and its based on the circumstances (we wont be paying for it someone else will). So hey ho .
        Also did our credit reports and they were really good apart from hubby's CCJ. With Experian everything to do with Cabot and AK is on them, yet, none of it showed up when the bank did our credit check and passed? It does not make sense?

        Jules xx

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        • #64
          Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

          There are 3 credit agencies, maybe your bank used one which doesn't report the bad accounts, or these entries were removed or the bank haven't actually credit searched you yet (they may have just performed an internal search, ie internal credit search using data available to them from your existing relationship)......

          Good luck, however if you have any debts buying a second home isn't wise as it's taking the piss a bit which will mean the creditors may well try and get charges against their debt. You might be best holding fire till the debts are sorted.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #65
            Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

            Niddy,

            After a long hard think about what you said above. We have decided not to go for it right now. We have decided to be totally debt free in the shortest time possible instead.

            Thanks Again

            Jules xx

            Comment


            • #66
              Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

              Hiya

              you mean you're not going to purchase another house? That's a good wise move if you ask me.
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #67
                Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

                Evening Everyone

                I would like some info on a way to go about getting a default notice taken of my Credit file.

                Was with Vodafone for many years up until 2008, then switched to Orange. They sent a final bill so all done and dusted and took my current number over to Orange.


                Back in 2011,out of the blue (as always) I received a letter from Lowells Demanding we pay them £44-63? Apparently it was from Vodafone dating back to 2008?


                Anyway after sending a letter to Lowells explaining we did not actually owe any money to Vodafone, as they would never in a million years let me take my number over to orange if the bill was not paid in full.


                They send a letter back basically saying, pay it or we will default you. So ok we paid it in 2 instalments (just to piss them off). 1st payment was for £24.63 and made via Faster Payment facility to Lowells on the 22nd April 2011, then the next instalment was made on the 6th May 2011 for £20-00 via faster payment online. The outstanding bill was paid in full on this date, so no comebacks.

                When hubster and myself went to the Halifax last week they brought up Lowells told them what happened and all was fine. But it has been bugging me all week, so I looked at our Experian only to find the following;-


                Account paid in full on the 6th May 2011
                Lowells placed account in default on the 14th May 2011?????? WTF !!!!!!!!!!!!!!


                The account was settled but they still placed a default even though there was no outstanding balance to default against?


                Really pissed off at this and the lies, lucky I just had my SAR with all my statements dating back from 1997 to present day. (hence the reason I can prove the dates)

                Also on the Experian report it states That the account has been satisfied? There was no account to satisfy it was paid in full on the 6th May 2011?

                Yes I have the proof in hand. But fed up they placed a default on account after account was paid in full and now saying satisfied GRRRRRRRRRRRRRRRRR

                Jules xx
                Last edited by jules3107; 24 January 2014, 22:39.

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                • #68
                  Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

                  Its a shame you paid it, i cant see how you can argue to remove the default when you admitted the debt by paying it, and they added a default because, well, it went unpaid. The date of default may well be wrong, but not by a lot. Changing the date of default seems the only option to me, which would get you no where.

                  See what others think but id reckon you would have had more chance fighting it if it had gone unpaid.

                  When they said pay or we will default you, that wasnt a pay or else statement, that was just a statement outlining there right to default you, im afraid you prob took it the wrong way.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #69
                    Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

                    Evening or should I say morning

                    You may or may not recall, I thought I was paying 2 payments for one debt to two different DCA's. The end of last year, I found out the debt is was owned by Legal and Trade from years ago, yet AK now hold this account. I have never been informed that Legal and Trade sold the debt to AK and continued to pay L&T and they transferred the payments.

                    Now an update on me thinking I was paying 2 payments for one debt.

                    I cancelled the standing Order for Legal and Trade, yet I had a letter from AK dated the 5th Feb 2014 claiming I had made an overpayment? This was from the last time it was paid end of last year beginning of this year.

                    They claim its for a Barclays bank account which I still have with them yet hubby does not, it was paid off last year.

                    I am getting the very sneaky feeling that they were making us pay the same debt via Legal and Trade and also via AK, one in hubsters name and the other in mine but the amounts are the same?
                    If that makes sense.

                    I have now drafted a letter asking them to provide the Barclays account number to cross reference what I was paying both, as I can not go by the AK reference numbers it has to be the OC account numbers
                    as hubby had a credit card with Barclays, mine was a personal loan and had nothing to do with hubster as it was taken out before we even got married. Furthermore AK have failed to enclose the original account number to the Barclays account, so that is making me think more into things than I probably should. Also the only Barclays account left with AK is mine and that was the account that was last paid not hubsters? I am really confused

                    Out of curiosity, are they allowed to do this as my feelings on this are getting stronger the more time goes on?

                    I think they may have done my homework for me, but until I get a reply with the original account number, I wont know either way. Or they could be trying to confuse one Barclays Account with an other? Who knows.
                    I was of the opinion that 2 DCA's chasing the same debt was illegal. If that is the case then we are nearly 2 grand lighter on a debt ;-)

                    Jules xx

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                    • #70
                      Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

                      Morning Everyone,

                      Good news with regards to Cabot. Recieved letter yesterday stating that as they can not get a copy of the CCA
                      the debt can not be taken to court therefore unenforceable. NOW FOR THE FUNNY PART?

                      They state they would like me to contact them with an arrangement to pay (even though they can not make me),
                      yet if you already are in an agreement continue to pay or set up a new arrangement?
                      SO THEY ARE BEGGING FOR MONEY THAT IS ILLEGAL FOR THEM
                      TO TRY AND TAKE due to lack of paperwork to back their claim we owe? HOW DOES FECK OFF AND DO ONE SOUND !!!!!!!! JOB DONE THANK YOU GUYS xxx

                      JULES X

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                      • #71
                        Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

                        creditors always say something like that when they admit they can't enforce, it's like wee kids having a last kick.

                        just file that away carefully, it won't stop them selling it on so you may need to flash it at few unfortunate debt buyers in the future.

                        Comment


                        • #72
                          Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

                          Originally posted by jules3107 View Post
                          Morning Everyone,

                          Good news with regards to Cabot. Recieved letter yesterday stating that as they can not get a copy of the CCA
                          the debt can not be taken to court therefore unenforceable. NOW FOR THE FUNNY PART?

                          They state they would like me to contact them with an arrangement to pay (even though they can not make me),
                          yet if you already are in an agreement continue to pay or set up a new arrangement?
                          SO THEY ARE BEGGING FOR MONEY THAT IS ILLEGAL FOR THEM
                          TO TRY AND TAKE due to lack of paperwork to back their claim we owe? HOW DOES FECK OFF AND DO ONE SOUND !!!!!!!! JOB DONE THANK YOU GUYS xxx

                          JULES X

                          Made me cry when I read that, feel very sorry for those herberts, they cannot fleece monies out of you by deception =NOT hahahahahahahahahaha hope they rot in hell!!!!!!!!11= maybe I can flog them shovels @ the door, as they enter Hell??
                          Last edited by The Tech Clerk; 23 February 2014, 11:02.
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • #73
                            Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

                            Hi, just checking if all is OK?

                            Best wishes
                            IF
                            "If wishes were horses, beggars would ride"

                            Comment


                            • #74
                              Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

                              I am having a mare of a life right now,

                              It has taken a year to get this far but I THINK I AM ON THE VERGE OF A BREAKTHROUGH !!!!!!!!!!!!!!!!!!

                              In 1996 we bought our home. In 1997 we asked for an advance on the mortgage to make update the property. This still now stands as a sub account.

                              Apparently we borrowed at the exact same time the same amount of money which was to be a personal loan WRONG, I am paying it on the sub account.

                              The bank basically has sold on a non existent debt and now hubby has a CCJ?


                              I am now awaiting clarification on the sub account and when it was taken out then I will have all the proof I need. Problem is where do we go from here?

                              Jules

                              Comment


                              • #75
                                Re: JULES3107 UE DIARY OLD DEBTS 1997 onwards.

                                Originally posted by jules3107 View Post
                                In 1996 we bought our home. In 1997 we asked for an advance on the mortgage to make update the property. This still now stands as a sub account.

                                Apparently we borrowed at the exact same time the same amount of money which was to be a personal loan WRONG, I am paying it on the sub account.

                                The bank basically has sold on a non existent debt and now hubby has a CCJ?

                                I am now awaiting clarification on the sub account and when it was taken out then I will have all the proof I need. Problem is where do we go from here?
                                Good grief, that doesn't sound right at all.

                                Who is the mortgage lender?

                                From what you say you had a joint mortgage and then you had a further advance which was probably on different terms but also probably secured to the property.

                                If that was the case how could they have sold it (the further advance) to a debt purchaser? And why/how did the new owner get a CCJ against your husband only if it was a joint debt?

                                Tell me a little more detail and I'll see where you can go from here.

                                Plan B x

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