42man
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Everything posted by 42man
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HCE officer - Stat Demand now served on me.
42man replied to roxy100's topic in Financial Legal Issues
I would only recommend bankruptcy as a last resort, however if you have very little or nothing in the way of assets then it may be closure of your financial situation. If you can live with the stigma of being made bankrupt and live with it for potentially 12 months, then it isn't how you react to going into bankruptcy but how you come out of it at the end..... -
SD from Hamptons Legal old Barclaycard 'debt'
42man replied to riply88's topic in Financial Legal Issues
What a pity you didn't fight this especially so as they have not complied with your request for a copy of your agreement, which I presume Barclays have not provided (nor the results of your SAR) ? -
I think you have been more than reasonable in offering what you can afford, I think that unless you find a reason to set aside or unless there is an abuse of process in the stat demand / petition, then you might need a sympathetic judge who will allow you to pay in exchange for a charge on your house. If there is a dispute (and it needs to be either substantial or potentially a 'triable' issue) then you need to highlight this. Is the interest rate incredibly high or excessive charging ?
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I don't know but the judge could always award you the rent / cost of your possessions / any damages, and say no to the deposit....
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Dryden/Lowells got CCJ on a vanquis debt not mine!!- help
42man replied to suityou01's topic in Financial Legal Issues
You can find details here - http://www.trustonline.org.uk/ But you need to be as quick as possible.... Apply to set aside - your reasons for set aside ? - The defendant has never had any kind of account or association with Vanquis Bank whatsoever. -
As has been said issue a letter before action, give her 7 days to return all your clothes /posessions / deposit any rent owing or you will claim it all back in the small claims court + your costs. Any common sense judge will find in your favour. You have proof of rental payments too
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Lowell Financial/Hamptons legal
42man replied to sweetpotato1314's topic in Debt Collection Agencies
You seem to have tagged on to an old thread from 5 years ago. Any chance you can start a new thread with a little more info ? -
When you had your interview with the Official Receiver where you run through all of your debts / hand over cheque books / cards etc / give details of any pensions did they ask you if any of the debts were disputed ? (usually you put a large 'D' when they interview you about your debts for any that are disputed). I notice that you seem to be attempting quite a bit of damage limitation here and it is unlikely that you will be able to claim anything back to yourself (any money due to you will have to go to the trustee, they will love you for helping them out to reclaim any fees / missold PPI.). The fact that you can't even fight this now as your solicitor as it seems failed to have any kind of knowledge of the Consumer Credit Act or even much knowledge of the process. If you had proof that you weren't even at a specific address then it should have been instantly overturned. I have heard of cases where a judge will throw out the servers affadavit due to there being an empty house next door, shared access to houses / flats and even problems with the postal service. Were there any earlier (petition) hearings which were adjourned where either you or the opposing side didn't attend ?
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lowell/bw legal SD for old CAp1 debt ...HELP!! newbie!!
42man replied to sarajonsey's topic in Capital One
If it was me in your position then I would be fighting it, but are you prepared to go to court to fight your corner and show that you won't be bullied ? You have clear evidence of a dispute that they haven't fully addressed from what I can see. If you do go to court then you should be forearmed with relevant knowledge. Bearing in mind that I certainly would want to see all compliant paperwork. As has been said you have 18 days from the date the demand was delivered to you to set aside at the nearest court to you that handles bankruptcies / insolvency - you can find them here (reason being is that not all county courts handle insolvencies / bankruptcies) - https://courttribunalfinder.service.gov.uk/ You will need to have a read of this thread here and the links contained in it - http://www.consumeractiongroup.co.uk/forum/showthread.php?355482-SD-from-Lowells-via-Hampton-Legal-for-CAP1-card-debt-HELP!!&highlight=lowells I will say again you need to be able to fight your corner and show your resolve. If you need help give a shout. -
Combat stress obviously is not a medical condition??
42man replied to somewhere's topic in Benefits and HMRC
Have you also made your local MP aware too ? -
I have had a read through the thread, and I think you have done the right thing, what I am still slightly mystified about is the 'customer agreement' ? - I presume you opened this account online ? The results of your SAR will be interesting. This would have been a tough one to defend, especially so as the service seems correct.
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A SAR is a Subject Access Request and is used as a way of getting the company to reveal all they hold on you on their systems. Have a look here - http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here Unfortunately the SAR will cost £10 (but it could be £10 well spent) - send a Postal order and make sure you send it recorded delivery, they have to comply with your request within 40 calendar days.
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I presume you remember this account from 2009.....sounds an awful lot of money. Have you thought about putting a SAR together.
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You may find this useful too - http://www.consumeractiongroup.co.uk/forum/showthread.php?61081-PPI-Some-Notes-for-Claimants..%281-Viewing%29-nbsp
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Did they ever ask you if you had any other cover at the time ? Did they ever take a needs statement from you at the time of taking out the PPI ? any medical issues at the time ? self employed ?
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Interesting, so you told Lowells it was statute barred and they have passed it on...please report this to Polly.Ashford@oft.gsi.gov .uk (without the space)
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You could send them a letter stating that as you understand it there is a significant amount of clearly missold PPI which you are chasing and you will advise them of your next steps on receipt of the results of your Subject Access Request. Bear in mind that you will be acknowledging the debt after 5 years though. And it would restart the 12 year clock again.
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Do Credit Solutions actually own the debt or are they chasing 'on behalf of' (as far as you know)
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I would also be sending a SAR to the original creditor too, how old is the lease ?
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If it was me in your position then I would make your proposal in writing, and make it with a review statement in 12 months.
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Do you have the repayment agreement from BWLegal in writing ? this is really important.....and you pay what you can afford, not what they demand. Have you kept up religiously with the repayments ? If you don't have it in writing then it is imperative you get it in writing. Make sure you send all correspondence via recorded if you can.
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Do you have all the original paperwork, A SAR to the lender might be a good start...£16k of PPI is a lot of money especially so as you could probably add compounded interest...
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If for any reason it isn't going your way (and make sure you push for the judge to throw this farce out) then you ask for an adjournment from the judge with costs reserved, and ask the judge to make an 'unless' order....so unless they provide a FULL portfolio of paperwork (compliant default notice, compliant agreement, statements for the duration of the agreement, details of any PPI,) then you request the judge throws out their claim and pays your costs.
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What you should be doing in court is state that you are pretty angry and annoyed at having to deal with this, you have done everything reasonable to gain information, they have not complied with a Subject Access Request made by you and are now in breach of this. No default notice, no agreement, (excessive fees) no statements for the duration of the account, no details of any potentially missold PPI...and it seems to be statute barred too....you need to puff out your chest and show the other side your resolve and (if they turn up) that you will not be bullied....and just a warning that when you go to court and the other side 'want a chat' before the hearing say that you will listen whilst they talk....conversations from the waiting room have known to be carried over in to the court room, so be warned....
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I am slightly confused.....I know in your early posts you said you had received a statutory demand, which I think you had applied to set aside....has this since progressed to them sending a bankruptcy petition ?
