the_shadow
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Statutory demand brachers/amex next steps
the_shadow replied to DarrellGT's topic in Financial Legal Issues
Strange, they should have sent a copy to the claimant Might be worth giving the court a ring in the morning and finding out if they have already sent a copy to the claimant. If they have you need to do nothing apart from prepare for the hearing. Have you prepared a witness statement and your costs estimate. S.- 28 replies
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Statutory demand brachers/amex next steps
the_shadow replied to DarrellGT's topic in Financial Legal Issues
Which paper work are you on about? Generally you should always send documents to the court as well as the claimant. S.- 28 replies
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Its a sure sign of losing the argument if they have to resort to such a petty retort to your correspondence. S.
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The appeal (another form) also has to go off to head office and will take up to 6 weeks apparently :-/ Thanks for all the posts guy's but I'm going to leave things until she decides what she wants to do, I've passed on the info about 52weeks and now await her decision on applying to another bank and possibly facing rejection again, appealing the original decision OR just paying the money into a normal account. S.
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A cynic would say they took advantage of starting proceedings prior to statute barred status and now seek to benefit from a stay in proceedings. Why was the stay put in place? S.
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Me neither tbh but they have the "right" to turn down an application for an account and thats what they've done.
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I actually didnt go anywhere,its my sister's trust and she applied in person bringing back the application to fill out. Unfortunately like any account these are opened with an application form that is 8 pages, not all relevant but the last two are on the proposed trustees, this then gets sent to head office who decide if the account is opened or not... typically takes a couple of weeks but HSBC also managed to lose the document internally for a week and a half. S.
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AKTIV KAPITAL Old debt wiped out
the_shadow replied to theonetrickpony's topic in Debt Collection Agencies
If the default date is 27 06 2006 then it should drop off your credit file shortly, if its not dropped off by the 27/7 I would write a letter to the CRA reminding them off the default date and the six year limit on reporting defaults Take a screenshot of the entry too, just in case they try and alter the dates. S. -
Not many banks offer it apparently, its not worth their while. She's rung round 4 today and none do it, I suspect she'll give up, she's a bit fed up. S.
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Thanks Peeps Slatted... the banks have the right to say who can co-sign cheques on behalf of the trust. Unfortunately the bank in question HSBC would appear to like American Drug money invested in its accounts rather than a small trust fund entrusted to them to ensure my sister has her two knee replacements and possible adjustments to her home to help later in life. I do have history with this bank in that I have a default for an overdraft, but I've been paying it off and in two months it'll be nil, add to that they hold over 20k in a private pension for me and yet still declined me being a co-signature. I did warn my sister of my bad credit before she chose me but she said and I'm immensely proud of it that I was one of a handful of people she would trust her life/livelihood with. To change the Trust documents drawn up with a solicitor would require more expenditure. In the end I think she may just give up and pay the cheque into a normal account and take the hit on HB. S.
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Cabot - a continuing saga monument 'debt'
the_shadow replied to philballard30's topic in Monument cards
yep a lesson I learnt myself long ago but never repeated S. -
Good for you LP S.
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Cabot - a continuing saga monument 'debt'
the_shadow replied to philballard30's topic in Monument cards
If they've not taken you to court in all the years they have this then they know they have a lead weight in a swimming pool, it just aint gonna float in court. Personally I'd just file under "Ignore till something better comes along" Might want to change your mobile number tho and not give it to any financial institution's S. -
I'm after a bit of advice in a field I have absolutely no Knowledge in at all... My sister is a single mother bringing up three kids, she works with disabled children less than 16 hours a week and received tax credits and a small amount of housing benefit. She had no savings to speak of. 6 years ago she was knocked over by a dog whilst out walking her own dog and luckily the dog owner was insured, its taken 6 years for the case to finally be resolved and she has been awarded a lump sum to cover her medical bills in the future as they estimate she will need two knee replacements as she struggles to walk distances now. The initial plan was to have this money put into a trust which then wouldnt affect the benefit she receives and a solicitor drew up a trust form with two trustees (myself being one). When applying to the bank however they have declined to accept the trust and cited bad credit reports, both myself and my sister have bad credit files through various circumstances. so I wonder will the lump sum be taken as pure savings despite having a planned use? and hence affect the housing benefit. S.
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Hmm not sure they'll ever comply then as you've already submitted... The point of CPR31.14 is to obtain info to make a defence... if you cant defend without the info then you threaten them with an application to court, if they still dont comply then you issue a defence that states all of the attempts you have made to get the information you NEED to enter a fully particularised defence but you defend any point that you can so you have less chance with getting stung for costs. Now you have issued a defence its sent to them and if they wish to proceed they pay a further fee to do so. S. EDIT: Do you have your own thread as this really should be posted on it rather than someone elses thread.
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You have 28 days to clear this debt from the date of court judgement(the order the judge has given you),once the 28days have passed its automatically registered as a judgement against you on the CCJ trust website, even if you pay it off then it will show as a Satisfied CCJ on your credit history for 6 years. S.
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That default date will be "false", Barclays SHOULD have defaulted you within 6 months of non-payment according to ICO guidelines, I suspect they kept on marking your credit file as Late payment until they sold it. S.
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Well it depends on the timescales whether a letter or a phone call is required. You have to give them a "reasonable" time to respond which is usually 7-14 days so if you are awaiting a chance to put a defence in its tight on times and you would in all honestly probably have to ring and state your case followed up in writing. The letter should be kept simple but factual...i.e. Something like that imho... S.
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IF you wish to push the CPR you could a) advise them that if they dont comply you will apply to the court and seek costs of the application from them in the matter. b) ring and seek their agreement to an extension to file the defence until they comply with the CPR request, if they dont agree threaten (a) if they do agree then its down to you to notify the court of the extended time to issue defence. S.
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Another Sigma claim for partial monies (M&S)
the_shadow replied to Pumpkinhead's topic in Financial Legal Issues
My understanding is without a compliant DN the agreement cannot be properly terminated. This appears to be the view of recent judgments also and specifically the cases where unlawful Rescission/Repudiation were claimed. S.
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