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Josie8

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Posts posted by Josie8

  1. "In addition to this, there are 2 loans showing on there as 'lowell' these were from much longer ago, around 2007 and 2009, but I believe these were Welcome Finance loans that I did take out but paid back by around 2011."

     

     

     

    Then they have exceeded the 6 year reporting and should be corrected on your CRAs.

     

     

     

    Regards

     

     

     

    Andy

     

     

     

    Not if last payments were made in 2011 - 6 years would be 2017 - unless defaults had been registered earlier

  2. Thought

    I wonder why they are insisting on pursuing this, your

    daughter has no realisable assetts and no prospect of

    ever paying this enormous amount of costs, where do

    they think the money is going to come from.

    How much time has the judge allowed for this?

    Really you musr assure her that there is little of any

    consequence they can do, no assetts of any sort it

    may be best to tell them to let a judge decide on this.

     

    Prepare a financial statement I presume she is in receipt

    of benefits as her only income?

     

    Bankruptcy is a not an option as there are no assets of any

    sort.

     

    I am going to suggest that you write to RCI stating your daughters

    financial status and requiring them to let a judge decide and copy

    the letter to the court and also stating to the court that she does

    not have the means or the knolwedge to be able to respond to their

    demand for points of dispute.

     

    I( don't understand you saying that "Bankruptcy is not an option as there are no assets of any sort". You do not need to have assets to petition bankruptcy. If you have a large debt and have no assets some might argue that this is the best time to go bankrupt. That way there is no debt payment order for 36 months and if your circumstances were to change over time nobody can still pursue you for the debt. She may even qualify for a Debt Relief Order.

  3. I( don't understand you saying that "Bankruptcy is not an option as there are no assets of any sort". You do not need to have assets to petition bankruptcy. Ifyou are addled with a large debt and have no assets some might argue that this is the best time to go bankrupt. That way there is no debt payment order for 36 months and if your circumstances were to change over time nobody can still pursue you for the debt.

  4. Your first witness statement was drafted for the Summary Judgment and drafted in such a way as to address those issues. You need to resubmit a Further witness statement and adding anything further in you wish to include. Send by first class post two days prior, obtain a certificate of posting and complete a certificate of service. Alternatively agree the simultaneous exchange by email or fax.

  5. If you wish to cancel a Continuous Payment Authority, you should always write to the company concerned, or follow up a telephone cancellation with a letter sent by recorded post, just for your peace of mind.

     

    In the unlikely event they don't act upon the letter, you should immediately open up a dispute with your card issuer, and explain that you withdrew consent for them to continue to charge your card.

     

    They should credit the money back into your account immediately while they investigate with the retailer (although this may depend on the card issuer). If it is a monthly subscription, you may have to continue to dispute individual transactions until the matter is resolved, which can take time.

  6. Both parties can agree to an extension for a further 28 days but only court can agree for longer period.

     

    You need to ask other side for extension and provide reason. If they refuse you make application under I think CPR 15.5 on a N244 form for extension of time. State reason & say claimant refused. £75 fee. Asking them first should protect you from paying their costs if they contest it because you have acted reasonably

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