mantis shrimp
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Posts posted by mantis shrimp
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All you need do at present is explain the circumstances that led to the original judgment against you. Another poster has made assumptions, but to give you best advice it will be helpful to know the facts as you understand them.
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OK, I see I can once again view the forum in question, but I still cannot send PMs, having previously been able to do so. Any thoughts, o team members?
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@Andyorch will know the thread in question. It seems to have disappeared. I can find no trace of the posts, even looking at the recent post history on my profile and Andrew's.
What is going on?
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The bank already has a judgment against you that it may be able to enforce by other means.
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I do not see that you have prejudiced your claim with that communication.
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After your oversight in not paying, and before you received correspondence from debt collectors, did you receive any reminders?
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The Ombudsman probably won't be able to help. This is a matter for Court.
There may be some resistance to allocating your claim to the small claims track.
I have not seen enough to offer an opinion on chance of success. To do so in these cases (and I have run a few) you need to see everything. But you have a strong case for saying that any damages should be assessed by reference to the full additional cost. I say this based on your answer to my first question - had your answer been different I would have said you have no claim.
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You appear to have grounds to bring a claim. It seems likely that the solicitors will argue that your loss is £4,000, but you have good grounds to say that it is the full amount for which you have become liable.
Persistence on your part may bring rewards. The solicitors should report a claim to their insurers, which can have a significant effect on their renewal premium. Also, the amount of your claim may be below the "deductible" (i.e. excess) on their policy, and therefore payment would come out of their pockets. All in all, there may be good economic reasons for them to offer you a better settlement.
Here is a link to the pre-action protocol for professional negligence cases. You should read it carefully and follow it.
Pre-Action Protocol for Professional Negligence - Civil Procedure Rules
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If prior to exchange of contracts you had been given advice that a cost of £4K was likely, what would you have done?
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You mention Nationwide at £22K. Is this secured on your house?
EDIT: Sorry - you have said all unsecured.
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They will be regulated - allegedly - by their professional regulator as insolvency practitioners.
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Report for what? Not being FCA regulated when this is not needed?
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As to the FCA, maybe this company no longer carries on activities that it regulates; that should not be an impediment to acting as licensed insolvency practitioners, even at the less reputable end of that profession.
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emails are written. Do you mean write a letter?
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Are other forum members aware of IVA Supervisors' powers to declare default and petition for the debtor's bankruptcy?
I suggest that this is a situation that needs to be handled with care, and that it is not as straightforward as some appear to believe.
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The little-known rule book that has helped scam victims get refunds | This is Money
WWW.THISISMONEY.CO.UK
The industry code of practice - which costs £102 to buy - was introduced in 2017 and lays out how payment providers should protect customers from fraud and financial abuse. -
Sometimes I tell them that calls to this number are being diverted to the Interpol's financial fraud centre and their location has now been traced, so it would help their case if they now cooperate, starting by giving me their full real name. Funny how often the line then goes dead.
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Your offer is clearly not going to be accepted (at this stage).
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Why can't I see the second page of this thread? I know it's there.
EDIT - very odd, I can see it now I've posted this. I may take the head womble's sage advice.
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what happens to money donated? Is there an annual accounting of the money donated and how it is used?
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As said in that previous thread, you need to make an application to the court. Not a phone call. Not a letter. An application.
But discontinuance may not have been the best course if you wanted to seek the return of the hearing fee.
Holiday Lodges and foul and surface water
in Local Authority, Council Tax and Business Rates Issues
Posted
you need to consult a specialist solicitor.