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  • Isn’t this complexity or fragility of the legal system? For each and every argument there is an opposing argument, therefore at best you can only hope that the judge finds in your favour and he/she is human also and will formulate their own opinion/judgement, based upon what has been presented before them, to their own best understanding for no one is all knowing of everything. This leads to many interpretations of the same article?
    And whilst it is also true that solicitors can counter with an appeal etc there is no guarantee of success, and what we have to consider is yes whilst it is their job to argue it is not them that pay for it, this burden falls upon the shoulder of the Client that fails, whilst many companies can stand a few grand here and there in legal fees it’s the ordinary person that may not, this therefore is probably the biggest uncertainty and concern for the ordinary person taking a case through court. A poor result first time could cost them dear for a very long time and I should know.
    So whilst I acknowledge the enthusiasm of the solicitor to provide continued arguments I do sometimes wonder if there is an easier solution for the client? Perhaps that’s why the AAD approach of getting to SB is in the best interest of the ordinary person, less stress and anxiety compared to legal system?
    From my limited knowledge of the legal system looking in from outside, if you will, it appears that law is not an absolute and is often no more than an interpretation, which given we are supposed to live according to the law how can that be possible?
    Imo, the legal system will never be balanced until somebody takes responsibility for it and clearly defines it, more often than not it is the innocent that get penalised as a result of it?

    Comment


    • You are right, we do aim to achieve SB but if a claim is issued prior then the member must do whatever to avoid judgment. So instead of diving in and suggesting they file a defence that they may not win with, we always offer the legal advice as a recourse.

      Of course it's not free. It can't be. We must earn a living but the fee offered is always smaller and can be paid over instalments IF the member chose to defend. The solicitor won't just agree to take a case for money. They will need to be satisfied that the defendant has a chance of success. All initial conversations are free via AAD so what's the harm in talking to the actual experts prior to jumping in with two feet and making matters worse?

      I understand your specific position, however we don't advocate people try and defend a claim on the blind. What harm is it doing talking to a solicitor first?

      Yes the law is an ass, in many ways and it's vile that smaller claimants aren't afforded the same resources as larger ones but that's a whole different argument, for another day.

      So long as AAD exists, we'll ALWAYS offer legal access to members and strongly urge anyone who receives a claim or any legal threat to have a free chat with the solicitor prior to completing the claim defence.

      It's what stands us apart and makes us not only the best & most successful consumer forum but also the most unique.

      It's never wise to try and fight fire with fire. Why not have a chat and see what options, likelihood of success you may have first?

      If a claim isn't received then yes, of course always fight it out as long as possible in the hope of achieving SB.
      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

      Comment


      • Whilst I respect your views Niddy, I can’t say that my experience goes along with them. I do not wish to divulge on a forum the details but it’s fair to say I had concerns after my conversation. So opted to play the delay game, as it is so close to SB, I may have to review this if the heat is turned up but who knows the way these leeches are organised I may be ok?

        Comment


        • Originally posted by Timewilltell View Post
          Whilst I respect your views Niddy, I can’t say that my experience goes along with them. I do not wish to divulge on a forum the details but it’s fair to say I had concerns after my conversation. So opted to play the delay game, as it is so close to SB, I may have to review this if the heat is turned up but who knows the way these leeches are organised I may be ok?
          Good luck - let's hope you get to SB but if not, you know we are here and will offer help based on your specific situation.



          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

          Comment


          • Really looking forward to advice, which won't then turn into something that takes on life of it's own!!

            Anyway in February of next year we will become SB. The light is getting that little brighter at the end of the tunnel.

            We have kept our head down for the duration....

            Anyway we are now thinking of life when SB'd. What we are wanting to do is move to a bigger house, our salary will allow us to do this. We aren't talking a massive house in the leafy suburbs!

            I/we have a few questions, one of them; when could we realistically start fixing our credit score, for example take out CC before SB date?

            Could we realistically apply for mortgage before our SB date? If not why not.

            I know the advice is keep your head down, I completely understand this. I could be missing loads of different things, but as I see it the window of opportunity is getting smaller for claimants to issue a claim.

            At the moment there is one that Joanna Connolly is dealing with, one is a possible. There are no others that are close to becoming a claim.

            Just would like some direction on this, without it turning into a bun fight!

            Sorry for the long post...

            Comment


            • I would personally proceed with caution, remember these leeches will keep one eye on your credit file etc and a mortgage could spark an interest to push a claim- whether they can legitimately win or not seems irrelevant to them, which could cause you more hassle.
              Once SB then there isn’t a lot they can do as I understand it, so you are fairly safe to get on with your life?

              Comment


              • Also be absolutely sure of your SB date. It may not always be the one that one thinks it is. Be sure of when each debt was officially defaulted.

                Comment


                • After reading many different posts on different forums (or is it fora- GCSE Latin is in the back of my mind) and looking at my experience I would urge caution because:

                  1) It seems that debt owners check credit files and they may think if you suddenly have credit cards you have money to pay them...
                  2) Statute barred is a moveable feast - look at my post earlier, did a letter I sent in 2015 acknowledge the debt? also as Roger said, I think limitations runs from when the default notice ran out although I read a lawyer somewhere say if there was a long time between stopping paying and issuing a default notice then unfair reationships come into play- whatever they are
                  3) Then we have default notices themselves, what are they , when are they valid, do they have to produce one - it's all above my pay grade

                  In summary I would be careful. maybe wait until you are 100% sure it is statute barred before applying for credit

                  me- I have enough credit to get myself in a right old mess again if I am not careful - now do I need that new iphone?- they are offering 0% finance

                  Comment


                  • But whilst being cautious there is something really positive you can do.

                    Your target month is February so you are within the last six months!

                    Now by sending a SAR to the Original Debtor (this isn't an admission of debt) this will give you the latest and up todate information on what is and isn't on the their files, including possible correspondence between Original Debtor and DBA 's.
                    The SAR will give you facts and knowledge to make an informed decision re a mortgage!

                    Applying for a mortgage is different from paying a mortgage! A mortgage is a Priority Debt (you have got to live somewhere) and these plus living costs , energy, rates etc. Rank above the unsecured DEBTS!!

                    Its good to see you are thinking positive going forward its what makes AAD so special!

                    Comment


                    • Originally posted by Still Waving View Post
                      Also be absolutely sure of your SB date. It may not always be the one that one thinks it is. Be sure of when each debt was officially defaulted.
                      Sorry for a numpty question but the statute barred date is the 6 years and a day after the date that is recored on your credit file or could the date on the default notice be different ?

                      Comment


                      • date of default
                        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


                        • Originally posted by Still Waving View Post
                          Also be absolutely sure of your SB date. It may not always be the one that one thinks it is. Be sure of when each debt was officially defaulted.
                          All our debts have finished off Experian other than the one, which goes end of next year.

                          One of which is with Jo and Colin, and another that has come into my head has been stopped via the claimant, through not finding the information.
                          Last edited by Strepsi; 21 September 2021, 07:15.

                          Comment


                          • Originally posted by Strepsi View Post

                            Originally posted by Strepsi View Post
                            • 8 October 2018, 12:22
                              Originally posted by Warwick65 View Post
                              Just to say, if you have sent it via RM signed for and they have not updated the website- in the past I have complained and received proof of delivery along with 6 first class stamps

                              I am not in favour of sending a 2nd request unless it benefits you - for example after two of my debts had been sold I sent new CCA requests which they couldn't satisfy (thank you cabot) and there was another 3K sorted

                              I know debt is hard work, I lost many many hours of sleep over it in the past but it does get easier and frankly what is the worst that can happen? They can not get blood out of a stone
                              The other morning received a reply from Lowell advising that they have received my request for CCA. They are going to contact Creation, curious as what they will send me...as SAR was a little vague.


                              Creation 9/07/2016

                              Your agreement has now been referred to Moorcroft Debt Recovery for collection for the collection of the overdue amount. Any further payment or contact regarding your agreement show now be made to...

                              Moorcoft 13/7/2016

                              Your account detail have been passed to us by Creation Financial Services, outstanding balance £4900

                              Moorcroft Debt 19/10/2016

                              Please find text from letter.
                              'Further to your recent communication in respect of the above account, we are writing to confirm we have been in contact with Creation Financial Services Ltd.

                              Upon investigation of your account, our client has advised their records show that unfortunately, a copy of the agreement is unavailable due to the age of the account. However, please find enclosed statements to show how the balance was accrued.

                              We hope this answers any queries you may have and as a result they believe the balance we hold to be correct and due for payment.

                              We have placed your account on hold until the the 18th November to allow you time to receive and respond to this letter'. Then waffle.

                              What do you think?
                              Creation 8/3/2017
                              I am disappointed to note that we have still not heard from you regarding payment of debt...

                              Creation 13/10/2017
                              We have been attempting to contact you for sometime to discuss this debt without success...

                              Creation 24/10/2017
                              Despite our efforts to contact you and assist you in clearing the above debt, by means of a repayment ...we therefore have no alternative but to sell this account to a debt purchaser.

                              You have 10 days from the date of this letter...

                              Creation Consumer Services Ltd 19/01/2018
                              We are writing to notify you that Creation Financial Services Ltd sold your account to Lowell Portfolio I Ltd on 27/12/2017. The total balance sold was £4800

                              Lowell Portfolio I Ltd 19/01/2018
                              We are Lowell Portfolio I Ltd, a specialist debt purchaser, which buys accounts from various organisations...The letter is intended to give you formal notice that your outstanding Asda account with Creation Financial Services Ltd was sold to Lowell Portfolio I Ltd on 27/12/2017. Lowell Portfolio I Ltd has instructed Lowell Financial Ltd to manage your account.

                              [I] Since then I haven't received any letters that directly relate to this debt, only letters that relate to three debts that they own.
                              Thank you for posting the full history which makes things a lot easier to follow

                              Unless I've misunderstood, you received a letter from Moorcroft in October 2016 which states that Creation Finance admit that they don't have your credit agreement.

                              Was that letter sent in response to a formal s 77-79 CCA Request ?

                              I'm pleased that Lowells haven't written to you since but if they do write post on your thread and it may make sense to reply letting them know the account is currently unenforceable (have you kept that Moorcroft letter?).


                              Hi Di,

                              Yes I still have the letter and documents, you haven't misunderstood and it was through a CCA request.

                              Cheers

                              I was wondering if someone could give some advice on this also. Cheers


                              Just received Data Access Report, I have forwarded some information for Niddy to take a look. I have never received this type of information, what should I be looking out for?

                              Should I send CCA Lowell regarding this debt, I feel the information (SAR) received was a little vague from Creation.

                              5th September

                              Prelegal Assessment Letter received from Lowell.

                              Having assessed our options we intend to take legal action to recover this debt if you do not contact us to agree a repayment plan.

                              Please call us by -/9/2018

                              Best course of action?


                              Bit of a query, I sent a CCA request 'signed for' on Friday of last week, at the moment when I check the post office track and trace it just states that it has been posted.

                              Where does this leave me, Lowell wanted a reply from me this week otherwise they will commence with legal proceedings!



                              Letter received from Lowell

                              We refer to your recent request under section 77/78 of the consumer credit act 1974 for a copy of the documentation for this former Creation Financial Services Ltd Account. We have requested a copy of the documentation but have not received as yet.

                              This account remains on hold while we wait...


                              Judging what I saw from my SAR, will be interested what turns up!?
                              Last edited by Strepsi; 12 November 2018, 14:12.

                              Creation CC
                              Amount £4250
                              Account Opened -/12/2013
                              Default April 2016 (Finally...)

                              Creation /07/2016

                              Your agreement has now been referred to Moorcroft Debt Recovery for collection for the collection of the overdue amount. Any further payment or contact regarding your agreement show now be made to...

                              Moorcoft 1/7/2016

                              Your account detail have been passed to us by Creation Financial Services, outstanding balance £4700

                              Moorcroft Debt 1/10/2016

                              Please find text from letter.
                              'Further to your recent communication in respect of the above account, we are writing to confirm we have been in contact with Creation Financial Services Ltd.

                              Upon investigation of your account, our client has advised their records show that unfortunately, a copy of the agreement is unavailable due to the age of the account. However, please find enclosed statements to show how the balance was accrued.

                              We hope this answers any queries you may have and as a result they believe the balance we hold to be correct and due for payment.

                              We have placed your account on hold until the the 18th November to allow you time to receive and respond to this letter'. Then waffle.

                              What do you think?
                              Creation /3/2017
                              I am disappointed to note that we have still not heard from you regarding payment of debt...

                              Creation 1/10/2017
                              We have been attempting to contact you for sometime to discuss this debt without success...

                              Creation 2/10/2017
                              Despite our efforts to contact you and assist you in clearing the above debt, by means of a repayment ...we therefore have no alternative but to sell this account to a debt purchaser.

                              You have 10 days from the date of this letter...

                              Creation Consumer Services Ltd /01/2018
                              We are writing to notify you that Creation Financial Services Ltd sold your account to Lowell Portfolio I Ltd on /12/2017. The total balance sold was £4800

                              Lowell Portfolio I Ltd 01/2018
                              We are Lowell Portfolio I Ltd, a specialist debt purchaser, which buys accounts from various organisations...The letter is intended to give you formal notice that your outstanding Asda account with Creation Financial Services Ltd was sold to Lowell Portfolio I Ltd on /12/2017. Lowell Portfolio I Ltd has instructed Lowell Financial Ltd to manage your account.

                              [I] Since then I haven't received any letters that directly relate to this debt, only letters that relate to three debts that they own.
                              Thank you for posting the full history which makes things a lot easier to follow

                              Unless I've misunderstood, you received a letter from Moorcroft in October 2016 which states that Creation Finance admit that they don't have your credit agreement.

                              Was that letter sent in response to a formal s 77-79 CCA Request ?

                              I'm pleased that Lowells haven't written to you since but if they do write post on your thread and it may make sense to reply letting them know the account is currently unenforceable (have you kept that Moorcroft letter?).


                              Hi Di,

                              Yes I still have the letter and documents, you haven't misunderstood and it was through a CCA request.

                              Cheers


                              I was wondering if someone could give some advice on this also. Cheers

                              Just received Data Access Report, I have forwarded some information for Niddy to take a look. I have never received this type of information, what should I be looking out for?

                              Should I send CCA Lowell regarding this debt, I feel the information (SAR) received was a little vague from Creation.

                              5th September

                              Prelegal Assessment Letter received from Lowell.

                              Having assessed our options we intend to take legal action to recover this debt if you do not contact us to agree a repayment plan.

                              Please call us by -/9/2018

                              Best course of action?


                              Bit of a query, I sent a CCA request 'signed for' on Friday of last week, at the moment when I check the post office track and trace it just states that it has been posted.

                              Where does this leave me, Lowell wanted a reply from me this week otherwise they will commence with legal proceedings!



                              Letter received from Lowell

                              We refer to your recent request under section 77/78 of the consumer credit act 1974 for a copy of the documentation for this former Creation Financial Services Ltd Account. We have requested a copy of the documentation but have not received as yet.

                              This account remains on hold while we wait...


                              Judging what I saw from my SAR, will be interested what turns up!?
                              Received information regarding my CCA request to Lowell.

                              They have sent what appears to be a reconstituted agreement I will send to Niddy this week.

                              When I received it, it made check other information I have received. Just want to get some thoughts whether what I noticed is important:

                              The sold date on letter I received is different to the date on the printout (log) on my SAR.
                              The defaults date do not match.
                              The credit agreement start date is incorrect on statement on account.
                              On the credit agreement from Creation it doesn't state a variable interest rate on information from Creation it does.


                              It maybe meaningless, just was wondering 'how exact' their information needed to be.
                            UPDATED

                            Letter received last week.

                            Notice of Acting received from Overdale Solicitors...
                            "We are instructed to initiate legal proceedings against you unless you pay £amount...

                            They don't 'appear' to specify a deadline for my reply.



                            Updated.

                            Letter sent recorded delivery. I have it a signature stating that they have received it the very beginning of this month.

                            As yet still had no reply. Just generally, would they still be able to raise a claim if they don't reply to Box D?
                            Just received notification via Colin from Joanna Connolly Solicitors that Lowell have consented to their claim being dismissed.

                            Another one gone thanks to Jo Connolly and her team!

                            Meanwhile February is inching ever closer!!

                            Comment


                            • February for me too as we started this journey at the same time. I have one of mine with joanna too and it's gone very quiet.

                              Comment


                              • Originally posted by JLC View Post
                                February for me too as we started this journey at the same time. I have one of mine with joanna too and it's gone very quiet.
                                I am now feeling quietly optimistic, however not sure I should be?!

                                It has been a long 6 years...

                                I am sure you know that you are in safe hands with Jo, Colin and rest of her team. Best of luck.

                                Comment

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