marmaris30
-
Posts
341 -
Joined
-
Last visited
-
Days Won
1
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Everything posted by marmaris30
-
Being chased by a debt collection agency re my student loans
marmaris30 replied to jaml's topic in Student loans/SLC
Since you're selling anyway, then if there is equity after repaying any mortgage, that will go towards satisfying the CCJ, perhaps in its entirety. As long as you price it reasonably, or the debt would be satisfied in full, there is no reason why your creditor would block the sale. You do need to ask them though. Otherwise you'd have to apply to have the CCJ and Charging Order set aside, which if successful would reset the process to the claim stage. In order to set aside, you need to show that you have a reasonable chance of defending the claim. Since you've been out of contact with Student Loans for so long, when you should in fact have given them at least an annual update, I think you would struggle to come up with a reasonable defence. I'm not sure that statute-barred would apply to student loans, and even if you could show that you were below the repayment threshold, you'd still have to justify why you didn't keep in touch. -
Final Salary Pension
marmaris30 replied to Webbo1981's topic in Insurance/Assurance Companies (Not Car Insurance)
Ill health retirement usually involves the employee retiring immediately, qualifying them to start drawing a pension immediately. Instead of making a redundancy payment directly to you, they make an age-related payment into the pension fund, which helps to counteract the fact that it would have to be significantly reduced. Unless you are approaching pension age anyway, the payment they'd have to make into the pension fund would normally be much more than they'd give you in redundancy, so they'd need to be feeling generous to offer it. -
Virgin Trains - Ticket Replacement
marmaris30 replied to dean.clark's topic in General Consumer Issues
Well if you write to them then they might agree to replace them, and I think it's a fair point that they are Advance tickets and therefore low risk of travel fraud, but they don't have to agree because they've delivered them to you successfully. Don't waste any more time on their unhelpful phone line anyway. If I sent you a cheque and it got lost then I could send you another one, but unlike a ticket, lost cheques can be stopped - for a fee of course. -
leave as default or settle balance
marmaris30 replied to timeforachange's topic in General Debt Issues
Nobody would advocate not paying your debts if you are able to without risk of hardship. But here are the facts anyway... Nothing should change the date the default was entered on your CRA file, although many devious DCAs do so anyway when they purchase debts. If you do settle (always do this using a full and final settlement offer, in accordance with your means) then the account will be updated but it will still fall off the file 6 years from the original default. If for some genuine reason you don't intend to settle, then you need to be aware that recognising the debt *does* restart the 6-year statute-barred clock. But if at 4 years in you've not seen any legal action, you've still got another 2 years to go. If you have enough money to make a settlement offer (even a partial one) without suffering hardship, then the statute-barred limit no longer matters either, because there would no longer be any reason for legal action. -
Virgin Trains - Ticket Replacement
marmaris30 replied to dean.clark's topic in General Consumer Issues
Your quarrel is with Royal Mail for losing your post, not with Virgin, because they fulfilled your order when you picked up the tickets from the machine. Did you use Special Delivery or another insured service? If not then I suggest you write to Virgin Customer Services and plead your case, because the call centre isn't geared up to deal with anything other than simple booking requests. The comparison with mobitix is not really fair because users of those have to show the credit card they used to purchase them - it is a ticket with special conditions, not just a travel confirmation. -
If you're planning to keep the vehicle in the UK permanently, it's probably better to get it MOTed and registered with UK plates. It's required after 6 months anyway, although I don't know how well enforced that rule is. As long as it remains on Spanish plates, you'd need to keep up with any requirements such as the equivalent of an MOT, failing which any insurance policy would be invalid. If re-registering, you'd have to declare SORN immediately because you need the insurance in place before you can get a tax disc. However, once you have a registration number, you can insure it and then apply for the tax disc as quickly as the insurer updates the DVLA database. You shouldn't therefore be off the road for very long. If you have to keep the Spanish plates then you won't find many interested UK insurers and none of them will be cheap. Have you thought about asking a Spanish insurer for additional foreign usage cover?
-
I missed that aspect too. If the original firm or solicitor, who are the beneficiary of the legal charge, will not give it up, or indeed if they cannot be contacted, then it would be necessary to have it declared void by a Court. Given the malpractice apparently demonstrated by other clients, there would probably be good grounds for such an application. I still think the Law Society should be contacted to obtain as much information as possible before that though.
-
In view of the fact that the Solicitor was struck off (and presumably never resumed practising) and the firm is no more, you should not be too optimistic here. However, the first port of call should be a formal, written complaint to the Law Society, which regulated solicitors at the time and would have full details of the investigations that led to their striking him off. Include all the information above but try to structure your letter into sections outlining the outset of the problem, the ongoing threats and harrassment, as much as you can remember about the scale and date of the losses, what you tried to do about it at the time and what you want done now. The solicitor should also have had professional indemnity insurance and you would turn to them with a view to compensating your losses. However, it would hardly be surprising if he didn't comply with that requirement either, so finding someone to stand for the losses now could be difficult. Even if you could find him personally, it would be a slow process as you'd have to sue him personally. However, be aware that bankruptcy does not write off debts that arise as a result of fraud, so don't be put off by that.
-
Bedding wash turns white coat Pink !!!
marmaris30 replied to maroondevo52's topic in General Consumer Issues
It is always worth complaining. I'd be surprised if Asda didn't replace/refund the sheet immediately at the customer services desk, although the coat might be another matter - was it expensive and where did it come from? Always wash new things on their own for the first wash. -
Hyundai matrix 1.5 td glow plugs problem
marmaris30 replied to letsmakeamark's topic in General Motoring Issues
You could always buy a Haynes manual or similar rather than trying to guess and potentially causing damage far more expensive than the book! -
Airline suspended operations and refunds?
marmaris30 replied to AkhilStyle's topic in Holiday & Airline companies
Yes, AMEX should refund you even if the airline or travel insurance don't. Unlikely you'll be covered for any additional cost of replacement flights though, unless your travel insurance is very good. -
Strictly, the catalogue company is the victim of fraud and if you deny the debt and claim it as fraud, then they could choose to go to the police. They might do nothing, because it's admin for them too. If you are upfront with them then they might agree to remove the account, but it's within their power really. The important thing is to defend the county court claim if it ever comes, because you do not want a CCJ on your credit record for yet another 6 years from the date of judgement. As a last resort, if you do get a CCJ, they don't get registered if paid within 28 days. Otherwise the default will fall off in 6 years.
-
If they have been legitimately sold on then you will have been advised, and they will refer to the 'original creditor' in the letters. In that case, they are not obliged to sell them back to the OC and will unlikely do so. If they are still acting as the OC's agent then you don't have to deal with the DCA and you could try to persuade the OC to deal directly with you.
-
I think this is quite a specialist area and the nature of the guarantees is only known to you and the bank. Given the short timescale available, the non-consumer nature of the debt, and the risk of losing the case, I suggest that you seek suitable legal advice. A Charging Order is what they will be looking for, so that when you sell the house, they would be repaid. The good thing if your house is occupied by your family, is that the bank would probably find it very hard to get a Sale Order.
-
Not regulated under the CCA because (a) it was not a consumer loan and (b) it was over the limit of £25k. You might get somewhere with the letters not being signed, but if the mortgage was properly registered with the Land Registry and your company actually did receive the benefit of that mortgage, then HSBC would probably argue that the lack of signature does not amount to lack of an executed agreement. Essentially, you would need to argue that the guarantee is invalid but that could be difficult without evidence of coercion or something. You would probably be best advised in any case to do a SAR on HSBC, and then take all the info received to a business solicitor. Hopefully others will also give you their views.
-
Are you in arrears with BG? Otherwise, what is the basis of the dispute? We could do with some context here.
-
Firstly, if the meters are outside and not blocked up / locked or whatever, it is strange that they have not read them and also that they need a warrant of entry to force access. Unfortunately it is a bit late to do much about it other than to explain this to BG and try to make them see reason. As for magistrate's courts, they are able to change their decisions but it would be up to you to convince them of why. If you are in serious arrears based on actual meter readings (have you tried to calculate this?) then you would probably not have a case. Likewise, if they have written to you then you'd need to make a very good case as to why you were unaware of the situation worsening to the point that they needed to apply for a warrant. Apparently there is no set form - you simply have to book a hearing and state the case. There would probably be a fee but I don't know how much. http://www.pattersonlaw.co.uk/Offences/Court/Re-opening-a-case.php
-
Have you supplied customer readings either in response to a meter reader's 'while you were out' card or just voluntarily? Also, have they said what they intend to do when they visit - is it to fit a prepayment meter because you are in arrears? If they have had no access to the meters and no readings then they are entitled to see them to ensure that bills are correct and, in the case of the gas meter, to ensure that it is working safely. Not the answer you were looking for though, for which I apologise.
-
Full-time students are not entitled to benefits unless they are disabled, have children or some other specific circumstances. Student support (surely a loan rather than a grant?) is *meant* to be sufficient to cover basic housing costs and maintenance while studying.
-
Quite so - the claim that they 'cannot read' the insolvency register is one of the lamest I've ever heard. I wouldn't be half surprised if they responded to your BR Order letter saying they 'couldn't read' that either! Fools.
-
Send them a copy of your Bankruptcy Order and let them deal with it as they see fit. They should never bother you again and to do so would be harassment, whereas they could have continued to write and pursue payment of an SB debt, even if they wouldn't have had the option of taking you to court for it.
-
Surely even a police officer has no right of entry unless (a) he has a warrant or (b) reasonable suspicion that a crime is or is about to take place? In fact, the police shouldn't even need to be there unless there is reasonable suspicion that a breach of the peace would occur. People should of course pay their taxes but failing to pay your Council Tax is not a crime and nor is it a licence for bailiffs or police to trample over basic legal rights. The bailiff has no right of entry unless he has previously been allowed in. People need to be aware of this and be very firm, without ever resorting to bad language or violence. If the police have overstepped the mark then you must complain to the Chief Constable straight away. Likewise with the bailiff, complain to the CEO of the Council. In the meantime, continue to make whatever payments you can afford, directly to the Council.
-
If you've heard nothing about the Barclaycard for over 6 years, nor made any payments to it, then any attempt by them to enforce it would be statute-barred. However, a warning: that merely prevents enforcement and the debt would still exist, so they would still have a right of set-off against any assets held in other accounts, such as your savings. This forum does not advocate avoidance of legitimate debts but you need to be aware of that risk. Maybe you should think about moving your savings to a higher interest account anyway? Also, check your CRA file for any traces of the Barclaycard account. It's so old that it might have fallen off your file, but it's the only way to find out its current status without asking Barclays directly.
-
I don't think it makes any difference who the insurance company was. The fact is, from the information provided, any refund belongs to the bankruptcy. You are not entitled to the money personally any more.
-
You are at liberty to change or dump your representation at any time in the case and therefore become litigant-in-person (although you will need to advise the Court and other parties to the case in writing). You would need to ensure your legal bill is paid up and that, in return, your solicitor arranges for all papers to be handed over to you. Lack of representation will come with risks and you would need to consider whether you are properly equipped to handle the case yourself (you don't give any details of what it is about). You might want to consider requesting a temporary adjournment or stay while you sort yourself out, but there is no guarantee that it would be granted. Have you considered asking your solicitor to continue the case pro-bono or on a conditional fee basis?
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS