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smokejumper

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Everything posted by smokejumper

  1. I had my claim against Barclays stayed. To this day I haven't heard anything. Does this mean it is still in limbo, or does it get thrown out after a time. I would have thought the court should have given confirmation. Is there still an alternative action, I'd go against their top lawyers, put what charges they like, no means to pay them anyway ;-)
  2. Thanks for taking the time to read my post, below is particulars of claim. Amount claimed £7500 + court fee " Particulars of claim continuation sheet The claim is for money due from the Defendant under an agreement(the agreement) regulated by the consumer credit act made between the claimant and defendant. Under the terms of the agreement, the claimant opened a credit card account by identifcation number ####### on date a year ago. By failing to repay the sums due under the terms of the agreement, the defendant is in breach of the terms of the agreement and a balance of £7500 is outstanding. The defendant was served with notice of default under section87(1)of the consumer credit act on date few months back. The defendant has failed to comply with the default notice and the claimant claims the full amount outstanding under the agreement from the defendant. The claimant confirms that they have complied with sections 111 and 1V of the pre-action conduct practise direction".
  3. Hi Everyone, I have been lurking and reading a lot of the posts with interest. Now I need to ask for your help sorting out my mess. Due to mental health reasons, I have not been able to work at my second job and things have snowballed. I owe approx £80000 and the first court claim has arrived. What do I have to do, just fill it in, or do I send the prove it letters etc. This debt is for a bank credit card ( £8000)and they are doing this them selves. The amount will include penalty charges ( has it been determined if theese are legal?) card was done online and don't rember signing anything, although I will search my papers as I keep everything. Also have a £15000 loan debt with the same bank, so expecting another county court claim for that one as well. Is there anything I should do apart from filling in the form received and sending to the court. Is there any point asking to prove the debt, I know I owe it and the amount is correct, although it includes a few penalty charges. I understand if I agree. then I send my proposal for payments on the form back to the bank, only goes to the court if I dispute the claim. The form has "DATE OF SERVICE 20 Jul 2012 " stamped on it, do I get the 14 days from this date? Only had the card a year and it was applied via internet, so I guess it would be easy for them to prove it? I will only be able to offer a very small monthly payment, , about £15 which I don't expect them to accept. Or should I offer £10? this has been worked out pro rata with the other debts, when they surface. What action will/can they take, charging order would be ok as there is no benefical interest in the property, will they force a sale(cannot see the point as no equity). Do I have to still make monthly payments even with a charge on property? Hope this makes sense thanks for any help/advice.
  4. Are you replying to the original poster or myself? In my case I was not on the MIB for the vehicle I was driving, however, this has happened before and a roadside call to my insurance company will confirm I have insurance to drive any vehicle. I now carry certificate of insurance with me, but this still hasn't speeded up the process. In regards to original poster, as I understand it, the police did not dispute an insurance was in force, they deemed it invalid due to the photo ID out of date, Therefore it should not have been ceased, as it was still valid. At the worst , he should not have been permitted to drive it. It would still be legal to park it on the road. All in all, there might be areas or points we are not understanding, I suspect if you wrote a few letters or even a complaint, you would get an apology and your monies back and then up to you if you want to go further. I myself would not bother taking any further if I got a refund and apology ( police have to be careful to not give an admission of guilt)
  5. Recently (last 6 months) was acussed of not having insurance and went to court over this. Told court I had insurance, they gave me a form to produce insurance at a police station. This form also required driving license. I took both to police station and they said license was out of date ( i knew this but ignored as it was a money making think by dvla). However the police went on to say license was ok, just photo and not an offence, however dvla can fine you. They then made checks on insurance, which was valid and signed and stamped my form. Took form back to court and they agreed I was insured, why police could not do this at roadside I do not know. So police are wrong in your case and you need to throw your weight around. Where do you live, I have motor trade insurance and can collect car for you if you get stuck. I am getting on a bit now and it may be the reason, but I am seeing more and more incompetence and unprofessionalism from the police. They definately are living up to the old "guilty until proven innocent" line of policing.
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