martin2006
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Everything posted by martin2006
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You have sent the letter, what they do regarding accepting delivery is irrelevant. Keep proof of sending and if you have it, proof of refusal to accept delivery, all works in your favour.
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https://www.gov.uk/income-tax/taxfree-and-taxable-state-benefits Have a look at the above link, it appears UC is a tax free state benefit
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Once you have all that info you can make an informed decision in your next move.
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Does the ccj still show any outstanding amount against it or is it now marked as settled? While it may well drop off your file in 2 weeks, it remains a valid outstanding debt, just a lot more difficult to enforce. It may be just me but i would want it completely expunged, which is why i would want all my ducks in a row first with all the info from the SAR's. Once its gone tho its entirely your choice as to whether you want to pursue this. I would, but im not you.
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At best its a very poorly written POC, the creditor at the time was Park Motor Finance and not Bluestone. In its correct format it should read that the agreement was with PMF and subsequently ownership transferred to Bluestone etc, but thats something you can use against them , along with what appears to be an invalid DN if that really was issued 2 months after the account was terminated. Hope you have acknowledged the claim and sent the CCA and CPR31:14? Look for a no paperwork/holding defence and adapt it to your POC, being careful to respond to each and every point raised. Pop it up for checking well in advance of when its due to be filed and do not miss the deadline for filing.
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Put all of the charges into the spreadsheet and use an average of the interest they have used over the term of the account. If as you say there is little reference to what the interest rate is or was, use the rate you can see they have used. Pop it up for checking first tho.
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For the amount involved i doubt they would go to the expense of defending it purely on economical grounds. At the end of the day tho its down to how much you want your £89.99 back and whether you think its worth the effort involved in getting it back. Issuing a claim is no guarantee of winning a case. Did you send an LBA?
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Post them up for checking over removing any pers info pls
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Yes you can remove the obvious personal info and post them in a multi page pdf. Can you also post the codes list please?
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How can you have failed to comply with a default notice on 8/1/10 When the default notice is dated 10/3/10?
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Get reclaiming all of those fees from GE, the closer it gets to a court hearing, the more they offer to settle. I assume your goal is to wipe what they allege is owed? Should be easy to achieve if you follow the correct advice here. Been there with these and they not so tough to beat.
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PoC is twaddle, bluestone arent the original creditor and cant be said to have provided the credit via an agreement. As its an issued claim, the defence will no doubt be a no paperwork/holding one as i cant for the life of me see how there is a bluestone credit agreement. Very interesting one for me too, mine hasnt got as far as a claim being issued and i hope it never does.
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I too think you will need a court order to order the sale if the property if his ex us unwilling to part with it. As a joint owner of a mortgage free property he will certainly be able to raise funds against his share of the property to cover the legal fees involved. Now having said that, the ex is also an equal share owner and would have to agree to accept any offer made on the house, the ex could string that out indefinately with refusals which is why you would be well advised not to try dealing with this without legal help. It is resolveable but will no doubt be very messy with an uncooperative ex.
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It may be a technicality but still a glaring error that the PoC states the credit is provided by bluestone yet the pre contract information clearly states its park motor finance. Dx remenber a few weeks back we were discussing about gateway credit? This is the same bunch as my old car loan that ive cca'd ( and received nowt so far)
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There isnt a template as such for your situation. All it needs to say is you are giving them 14 days to return tge collection charge if £89.99 before legal proceedings will be commenced without any further notice. Add in the relevant sections of the consumer credit act 2015 if you wish or simply refer to the act and head the letter "Letter Before Action." Thats all it needs to say.
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It should now be stayed but its worth ringing the court to check the status.
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Acenden, Spml, Eurosail, Ge money. Are these all same company?
martin2006 replied to cruzhughes's topic in Mortgage companies
Not for me to suggest, that one is your call. Assuming here that they start to play ball and begin making offers of settlement, which isnt guaranteed, it will depend how far you are prepared to take things and whether you would ultimately stand up to bring your case to trial. ( if you are issuing a claim you must be fully prepared to go the distance if necessary) See how things begin to pan out once the claim is issued, they may cave early, they may fight all the way to trial, we simply dont know how they will react which is why it is so important to read read read like threads to educate yourself on what is likely to happen from here on in. -
Acenden, Spml, Eurosail, Ge money. Are these all same company?
martin2006 replied to cruzhughes's topic in Mortgage companies
In the majority of claims such as these, settlements are agreed at some point without any admission of unlawfulness and as GoGW. That isnt always the case though, some go all the way to trial and at that point, its 50/50 on whether you win or lose, depends on how well you put your case across, how well they defend, whether you have a judge in a goid or bad mood etc. You would be wise to have a figure in your mind that you woukd be happy to settle at, this should not be all of the claim amount, just an amount you would be happy with. There are no guarantees with this kind if action but reading similar threads will give you a good heads up of how things should go. -
Acenden, Spml, Eurosail, Ge money. Are these all same company?
martin2006 replied to cruzhughes's topic in Mortgage companies
Post up yr final POC before sending so it can be checked. If you wanted to keep it under £5000 then remove the 2 legal fee entries, alternatively, leave them in and pay the additional amount to issue the claim. Bear in mind though that you will be unlikely to get them to agree to refund the legal fees, i included them to give extra negotiating room but you dont have to if you want to keep the total below £5k -
Acenden, Spml, Eurosail, Ge money. Are these all same company?
martin2006 replied to cruzhughes's topic in Mortgage companies
I think ive looked at too many spreadsheets tonight. To clarify, i personally would use the simple 8% sheet, it may be lower in value overall but its a much easier case to argue in court. Using compound interest means you would have to also argue the merits of Sempra Metals v Inland revenue in addition to arguing the Limitation Act 1980 s32 (1) © inbrelation to charges over 6 yrs ago. Becomes much more complex, is it worth the little extra you may get? -
Acenden, Spml, Eurosail, Ge money. Are these all same company?
martin2006 replied to cruzhughes's topic in Mortgage companies
Sorry my bad, didn't realise it was headed ppi in the link, thats the right one -
Acenden, Spml, Eurosail, Ge money. Are these all same company?
martin2006 replied to cruzhughes's topic in Mortgage companies
on the face of it, using simple 8% gives a higher amount amount and is a simpler argument in court. I now know which one i would use -
Acenden, Spml, Eurosail, Ge money. Are these all same company?
martin2006 replied to cruzhughes's topic in Mortgage companies
Read the paragraph above it, says it can also be used for s69 simple interest which is what you are trying to do in order to compare against what you have already. -
Acenden, Spml, Eurosail, Ge money. Are these all same company?
martin2006 replied to cruzhughes's topic in Mortgage companies
http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011&p=4273920#post4273920 Use the Statint one in the link above -
Acenden, Spml, Eurosail, Ge money. Are these all same company?
martin2006 replied to cruzhughes's topic in Mortgage companies
No cruz, thats a ppi spreadsheet
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