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liquidauctions

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Everything posted by liquidauctions

  1. If lombard did infact put into writing the agreement to transfer then you havent anything to worry about, They took too long which is their own mistake. The personal guarantee is all they have as a legal foothold to call the money upon so when you reply to the claim, I would obvioulsy use lombards admissions as your defence.
  2. Hi, Once you declare the property to your creditors, they take you to court and get a charging order after you get a CCJ from them. The property does not have to be sold etc and it just means when the property is sold in however many years, your creditors get paid then. YOU WILL NOT BE ABLE TO GET CREDIT FOR THE FIRST 2-3 YEARS DEPENDING ON CREDITOR or maybe even untill all the CCJs have cleared depending on how many you get. Either way you will not go bankrupt because you have the assets to deal with the debt. If you decide to go bankrupt and do not declare the property, you may in the future be held liable and lose that.
  3. You can try, there response would be 1. You were responsible for not protecting personal information. 2. Just because they did not take your word for it, doesnt mean they caused prejudice. It is difficult unless they caused prejudice
  4. Its more of a scare tactic than anything else. If anyone gets a personal writ they are bound to react.
  5. Hi, I had the same issue with a car purchase, the car was written off and I was told after that the car couldnt be covered by GAP. The finance company accepted and wrote off the balance. Should you want to PM me I will provide you with my name VS Finance company, Although it didnt go to court I did infact win, and it will add weight to your argument. P.S If you paid atleast £100 towards it using your credit card, they will pay off the finance and chase Another Vans LTD
  6. Just seen this thread. Once you acknowledge the claim and submit a defence, the claim will be transfered to a local court
  7. I agree with eshezo regarding the loss of business argument. now do this; If the company you paid was a LTD company then type webcheck into google, type there name and pay £2, for a set of anual accounts (AA) which cost £1 and annual return which costs £1. On the annual return you get a list of shareholders and directors, send them all a letter stating your intention. When you fill out your claim form make sure it goes to the LTD company and write +2 others if there are only 2 more names in the annual return. That would make the directors and shareholders equally liable for making the companies decisions. Based on your experiance it will be a small company so may have only 2 shareholders who are also the directors. Once they get a writ at there home address (which is in the annual return) they will pay. Add reasonable costs but the loss of earnings is unwise. Read the accounts and you should get an idea of the business but my way gives you alot better chance of getting paid than rather issuing the proceedings to the company. You will get paid if the business is still active.
  8. A family member went bankrupt in 2008, the majority of the debt was with HSBC which included PPI on 2 cards and a loan. Now, question is is there any point reclaiming? they lost about 35k in the bankruptcy so what would they do if approached with a PPI claim? 1. Agree and send a cheque? 2. Agree and not pay because of the bankruptcy or use it to pay down the debt? 3. disagree due to bankruptcy? I have been thinking to reclaim now for the past 6 months or so but cant really decide on what to do. I KNOW EITHER WAY, ALOT OF MONEY WAS PAID IN PPI, ROUGH ESTIMATES PUT IT AT AROUND 5K
  9. Hi If these debts are not taken care of, it may end up in you getting a ccj and losing your job which may be worse as you will know its coming but it will drag on for months. Ok yes you may lose your job but the debts will be gone. Things like this I beleve should just be delt with in bankruptcy as you already state you cant afford it and you have a large list of creditors, a single missed payment when you have a plan set up wont look to good. Decide for yourself, Lose the job but also loose the debt. Payplans go on for years and if your situation changes a few years down the line and you cant pay, you will just have to go down the bankruptcy route anyway so why waste time?
  10. Once you are in bankruptcy, you will still be saving the 520pm, give it 6 months and upgrade your car
  11. Spot on! You can hold HPI liable OP If you bought the car on monday and it was reported stolen on tuesday then you have a case
  12. Why not just get a quote and give it to the farmer? It may only be few hundred which he may be happy to pay rather than opening a dispute which may cost him more.
  13. Get the date of delivery from royal mail track and trace. Send a letter demanding the storage charges. Tell them you followed the correct procedure and they have 7 days to collect and pay the amount in full. Tell them to ensure no adverse entries have been placed on your credit file and If they do not comply you will have no choice but to issue proceedings.
  14. Then why go bankrupt? seriously there is no point. If your share is worth 60k, that covers a good chunk of the money, The balance you can work on. Just tell the court to allow a charge on the property.
  15. Ideally you need to read the CCA http://www.legislation.gov.uk/ukpga/1974/39/contents and pay more attention to the default and termination section. Then as only you would know the most about your dealings with the various creditors, you can apply what you have read and understood to your creditors. Some embarassing mistakes that have been made by others; 1. Do not quote the CCA for any mobile, land line etc as it isnt regulated by it. 2. Do not send any demands that other people make on this forum unless the case and circumstance apply to you fully. 3. You MUST talk about hardship recieved with the default being placed but do not make it a sob story, just writing that it is causing hardship is enough. 4. If the defaults are not paid dont bother wasting time asking them to stop processing your data. 5. Try and find mistakes on their part. 6. IF THEY CHARGED YOU FOR A DEFAULT NOTICE THAT IS AGAINST THE ACT AND CAN WORK IN YOUR FAVOUR. Overall my advice is get familiar with the act, SAR everyone and find as many mistakes as you can. If you havent paid the debt then they will not entertain your demand unless they made huge errors.
  16. Yes silver is correct, Even weekends count in the 28days. Maybe you could just use the surlybonds method to see if you can get it removed
  17. Getting it set aside mainly balances on fairness, i.e you could not defend or pay or the judgemnt amount is way off. Paying it shows that you could of paid if you knew and the n244 shows that you could have defended the claim.
  18. If you break the agreement, with welcome and gregory you will have £520pm spare, It will take welcome 3 months to take action and possibly 3 months by your other creditors. So if you pick up a run around for £1000 and save the £560 to pay for your bankruptcy you should be ok. And one more thing, make sure the car isnt on your names.
  19. Overdrafts are unregulated but have to follow steps laid out by the OFT. The lender reserves the right to recall any monies owing at anytime. You can try to make a payment plan but it is upto the lender to accept or reject. Barclays WILL use any money you have in other accounts with them to pay down or clear the debt. If you have any money i.e wages due to be paid, they will use the full amount to pay down or clear the balance. I advise you go see another bank if Barclays doesnt agree on a plan, That way subject to status you may get some form of borrowing elewhere to pay down Barclays. Recall notices are usually the last step and it looks like when the balance is paid they will close the account.
  20. Why shafted? just curious as I am in a similar situation and I have got a court date to have it set aside
  21. Untill you get a copy of the agreement from RBS any advice would be either based on If he did provide a guarantee or he didnt which would not help you at all. I advise you to get a copy by either SAR or CPR if it has gone to court and you have submitted your defence. It maybe just a matter of telling them that no guarantee was provided, I also hope when he wound down the company he stated RBS as a creditor as this could lead to a problem if he didnt. RBS should have also been made aware that the company was being wound down. This will go to court by the looks of it as it constitutes to fraud and your husband will have to prove his innocence. In the meantime get hold of the SAR and start tracking the other director but dont spook him or tell anyone untill it goes to court or anyone asks.
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