Showing results for tags 'set'.
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Hi I defaulted on my LloydsTSB Mastercard back in late 2008 (I lost my job of 15 years a few months before), I paid the minimum £1.00 a month until summer 2010 when my debt was passed on to Robinson Way and i've continued to pay them £1.00 a month and still do. During this time I was diagnosed with Parkinsons and Type1 Diabetes and a few other things (Leg amputated) and am surviving on only sickness benefit. My local LloydsTSB which is literally about 50 feet from my front door has recently been converted to a TSB branch I decided to take the plunge and apply for their basic account because i'm tiring of travelling into town to the nearest NatWest atm where i've banked since I left LloydsTSB or the nearest Post Office to draw my money out. This is a question about the right to set off between accounts. Can Lloyds raid my TSB account to pay towards my old credit card debt? Do they even care about the debt anymore since they passed it on to someone else? According to page 5 of these recent Lloyds/TSB transfer terms and conditions they have waived the right to set-off between the two 'new' banks even while they both remain within the same banking group - and next summer TSB should be entirely out of Lloyds Banking Group altogether when it is floated off. Am I reading this correctly or should I still use NatWest for my benefit payments at least until TSB is totally independent. Thanks for reading. -
I think I am right in thinking that you cannot place a claim in advance for JSA, fairly sure of that ... (?) but if someone is moving area and knows the date they will be moving in to their new home are they able to place a claim for housing benefit from that moving date giving the date in advance? Reason being someone I know is due to move in 2 weeks and has the money for the deposit and rent in advance for the first months rent but then will have no money at all for the next months rent so we are worried that the housing benefit will not be processed in time for it to have started arriving in time for them to pay the second months rent and thought if the claim could be placed in advance of the move it would give the LA more time to process things and the money would more likely to be sorted in time for the rent. Thank you.
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Hi all, I am owed money by a client and she is "declining" to pay. The payment was due three months ago and although there is a signed contract they are refusing to pay up. I want to take them to Court, but they are playing silly buggers and as they go in and out of the country I am concerned that they will get any judgment against them set aside on the basis that they were not here to defend it. (I know I can fight the set aside, but this is dragging on forever. ) So far she has had the Letter Before Claim, which she replied to by email on the last day specified in my letter and was arguing again that she didn't want to pay. I therefore replied by email immediately that we would leave it to a judge to decide and I specifically asked her if she was going to be in the country for the next 21 days, because I know she often takes trips at this time of year. I asked if the Claim could be sent to her lawyer if she was going to be away. I received no reply. One week later I emailed her lawyer who responded a few days after that to say that the client was out of the country until at least the middle of October. Of course I have no means of knowing when she actually left the country because I wasn't told she had gone until almost two weeks' after I had asked that question. The lawyer said that the client wanted the claim to be sent to her personally, rather than to the lawyer, and this of course delayed things further. Last week I emailed the client again who responded yesterday to say she had been out of the country with no email access (which I don't believe). I emailed back immediately and asked if she was planning any further trips and of course there has been no reply. It's a simple enough question but again she's ignoring it. Obviously if I don't hear by the end of the week I'll email the lawyer again and if she's on yet another trip with an open-ended return ticket everything will be delayed yet again. I would like your opinion. I think it is blatantly obvious that these are all delaying tactics. Do you think a judge would agree? Wouldn't anyone who thought their Defence was good want to get on with it? I would. Also, can I make any statement in the original claim about the delaying tactics? Her reason for not paying, by the way, is because there are certain terms in the contract which state that I will, on the client's instructions, undertake various services. It's quite clear that a client may or may not wish me to provide these services. She did not want me to undertake the services, which I was willing and able to do, saying she was happy to handle these matters on her own. Now she says because of this she does not have to pay me. CPR 3.9 states that an application for relief must be supported by evidence. If I issue a claim and she argues that she was out of the country and could not defend, can I persuade the judge that she must produce her passport. Also, can the email correspondence about her travels be used as evidence to show that she was aware of a pending claim, and could have instructed her lawyers, but chose not to, and completely ignores direct questions about when she will be around. Any thoughts would be very gratefully received. I am absolutely sick of this. DD
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Hello all! My question is, if I make a claim for PPI against a credit card that I defaulted on back in 2006, that is still with the OC, are there any arguments that can be raised to prevent them off-setting any settlement sum against the outstanding debt? I haven't paid or acknowledged the debt by the way. All thoughts appreciated! Figgydoody.
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Hello, would like some advice if possible... I had a current account with Halifax, which had a direct debit going out each month. I opened a savings account and transferred most of the money into that. I moved to a different address and forgot to change my address with them as I was really busy studying. I later found that my direct debit wasn't being payed, and that the current account had gone into overdraft which I was getting charged for. I found out that they had taken the money from my savings account to pay off the charges they had given me and then closed the account. The person I talked to at the bank told me this and didn't say anything else about any more money owed to them. It was really annoying as I had over £1000 in there which had just been eaten up by extreme overdraft charges. But I left it and just thought it was a harsh lesson for me to check my account. But then I started getting phone calls from Cabot finance. After a while of not even answering them I was curious what they actually wanted so I answered. He asked for my address which I didn't give. Then started talking about a debt I had no idea what could be. I found out he had my old address on file and they had sent a letter there. So I went to my old address to get the letter and it said they had bought the account from Halifax. It was bad enough Halifax had taking all the money from my account, but now Cabot wants £166.89 from me as well. God knows how much more they will try and charge for interest as well. Needless to say I am not keen on handing my money over to these blood suckers, and I don't even have the money to at the moment. I am living in overdraft and it's hard enough to make sure I have money to pay the rent. I'm not sure what the best thing to do is.. .do I try and reclaim the Halifax bank charges? and just not answer to Cabot? I haven't given them my new address.. -
Hi all, Very long story short - I received a CCJ as the claimant sent the forms to the incorrect address. This was paid within a month of the judgement - however I was not sure whether it was within a month or not. So as I was applying for a new mortgage in the short term, I applied for it to be marked as satisfied, but also took action to have it set aside. The court took their time after supplying the information to set aside, but then I phoned the court to tell them that I wanted to cease the action to set the CCJ aside, as it was no longer applicable. They asked me to email them - I did. I have proof of this. However, despite this the hearing went ahead. The judgement went against me (surprise surprise) and the lawyer representing the claimant have claimed expenses of 2,000. (I only received their statement of charges and their defence the day after the hearing). I wrote to the court and complained. No answer after 13 working days. I wrote to the senior manager and today I have received the same piece of paper as after the first hearing indicating that the judge orders me to pay the costs - but with one change - the date and the phrase updated. Can anybody help in outlining what I can do next? Thanks.
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I have a hearing on Tuesday for a set aside for a CCJ from a company called Westcot. They applied for A CCJ last year that I only noticed on my credit report earlier this year. The CCJ was recorded at my old address which I moved out of 6 years ago. My defence is that I never received any paperwork, no court letters or default notices from the original creditor who are called Provident and also that they had access to my credit file so would have known that I moved as my new address had been showing for some time as has my registration on the E Roll. I haven't had time to SAR provident to obtain information so I have nothing pertaining to the debt orthe agreement. Just wanted some advice as to what to expect as I am really nervous I was just going to turn up on my own, no solicitor but don;t know what I need to take to prepare and what questions may I be asked to answer? Will the court look at me less favourably for having the debt? Or will the fact remain that I hadn't received anything?
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http://www.bbc.co.uk/news/business-23791252
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I'm trying to complete forms 6.04 and 6.05 to have an SD set aside. I just wanted to double-check a couple of points if that's ok: 1. What do I put as the title on the forms? I assume it needs one as it has (TITLE) stated at the top 2. on form 6.4 do I need to put anything in the date, time and place fields (as below): attend before the Registrar/District Judge as follows:– Date Time hours Place 3) On the section below, is this my name and address needed? (d) State the names and addresses of the persons to be served The names and addresses of the persons upon whom this application should be served are:– (d) 4) If it is my address needed above, what address goes here: (e) State the applicant’s address for service The applicant’s address for service is:– (e) Many thanks, in advance. -
Hi, Its been a while since I have needed some advice thank goodness! Right cut to the chase... In 2007 a CCJ was entered by Neslon Guest on behalf of LTSB which I managed to get instalments of £50.00 PM. They then went for a charging order on my property at the time, I went to court and it was discharged as no paperwork, lies etc.. In Feb 2010 it was then Set Aside. Removed from registry trust etc. So I lowered my payments to them to £1.00 PM as a gesture of goodwill and to stop further enforcement. I have now received a letter from Wescots with no Claim Number and (for a balance 300 pounds above the actual Concessionary Arrangement Statement from OC), stating that I am in default of my CCJ-overdue payment and that I have 7 days to pay this default or they will commence enforcement action, charging order,order for questioning etc. My question is do I dig up the grave and send a CCA request to Wescot and a SAR to LTSB ready war? Or do I have nothing to worry about as its been set aside and should report Wescots to the FSA?? Thanks in advance!!
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At the hearing for setting the judgement aside the claimant was unable to supply any evidence and had sent the court documents to the wrong address. My application to set aside was granted. What will happen next? Can I claim the costs I have incurred? Thanks
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My situation: Defaulted on considerable debts last year built up to pay for disabled child's care after restructuring at work and an unexpected tax bill. Tax bill being paid in installments until end of next year, takes up all disposable income leaving I got quite depressed and couldn't handle it, but started trying last year and started making token payments to a number of people (once the tax bill is paid it will take ~4.5 years to pay off sizeable creditors). I also told everyone to please not apply for CCJs as a) I have no assets and b) I am an FSA registered person and it could cause me to lose my job For my MBNA card (sold to Varde investments/experto, ~25% of outstanding) I emailed them saying I owed the debt, wanted to pay and put forward payment plan (£1 a month until tax paid, then over 4.5 years balance) in August, also giving details of my new address which I moved to in May. They did not reply, but I got a letter from HL solictors threatening legal action in October (sent to my old address, on the final day of mail forwarding), so I mailed in a copy of my income/expenditure and a letter outlining my situation and offer. They acknowledged receipt of this mail at the end of October, but said they had not received the income/expenditure form and asked for it to be resent. They also acknowledged that they had updated my new address in their systems. I did not send in the income/expenditure/bank statements again as I got caught up in more corporate restructuring (financial sector these days ) Didn't hear anything back from them or about them until my compliance officer came to me a few months ago and asked about a CCJ on my file (!) This was lodged against my old address. I called them and asked for their help setting it aside, explaining the above and saying I'd be happy to do a Tomlin order as I could a) lose my job over this if not removed and b) not be able to move jobs, where I'd been offered two significantly higher paying jobs or get another job (and so probably have to go bankrupt - I am great at my career and rising fast in reputation) They asked for my income/expenditure and said I'd need to sign the tomlin order before it was set aside, as well as pay for the Tomlin order and set aside, so I emailed them in this time, I waited for a bit and then.. They called and said they'd refuse to set aside the CCJ as I had not been co-operative and it was not their fault I may lose my job They also said I did not have enough disposable income, despite me repeatedly stating that all of the disposable income I had was going to the tax man until the end of next year, for them to a Tomlin order. On the other side they said they would accept my payment offer subject to review every 6 months (£1 a month then 4.5 year payment), which confused me terribly, and said they'd send over bank details and they would push for enforcement if I didn't make the £1 payments. I was told by some that a set aside on account of wrong address is up to the judge's discretion, but when I called the national debt line they said as I didn't contest the amount it may not be agreed and I'd have to pay their legal fees? (something I can't do on my Advice of exactly what to do here would be exceptionally appreciated, I have just about pulled myself out of depression and am working hard, but this has put me on edge Sorry for the long post! -
Hi after a messy divorce affairs depression and nearly bringing my life to an early end I have finally pulled myself together and I am facing up to my old debts . This is however three years later its taken me a while to feel settled enough to face up to stuff. Upon getting my credit report I have found that I have 2 CCJ's I want to try and get them set aside as obviously these will impact me on getting credit . one is from 2010 the other is from 2011 so they will impact me until 2017 I obviously moved out of my previous address when the judgment's were served back in 2010 and 2011 I had not given these two claiments my new address. I never received any paperwork and I have been in too much of a state to face things like this . They obviously sent the details to the old address. one of them is in the incorrect name Im Garry this one clearly says Barry that could be a different person !! and it is on my credit file (Ineed advice on how to deal with this weather or not I should even bother contacting the person or just ask the court to remove it ? .Im worried if I speak to the claiment I may be admitting the debt or making things worse if I have to pay it back I guess I would but if I dont have to I would rather keep the money I just want to get rid of the ccj and if its in the wrong name I think that goes in my favour ) This debt is from a nursery I don't think I had any contract with them or anything not even sure if they sent me any letters, cant remember all i have is the info on the credit file . The second ccj is from a electrician i hired from a contracting company I had no contract with them I dont think just a invoice. at the time my life was in a right mess they sent me some letters to my old address and the ccj was served there. I want to also try to get this one set aside due to the fact i obviously didnt receive the paperwork and that I was not taking care of my affairs due to all the problems I had going on around me at the time There are no marks on my credit files from these two debts just the ccjs With regards to each of the above what should i do /say with the most likely chance of success. I have learnt my lesson and i just want to try and get them off so I can carry on in the future but this time be responsible and use credit correctly
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hi all, I found out about a CCJ on my credit file when I was rejected to rent a flat. I traced it and worked out they had written to a previous address and this is why I had no knowledge of it. The debt was from 2007 and for £200. I went to my local court and today was told it would be set aside as I had no knowledge of it. What happens now though? I didnt want to ask the judge as she looked a bit mean! lol. She said they would serve notice again to my new address, what does this mean? Will I get an oppertunity to pay it without it going back to court? -
Hi, In 2009, I went slightly over my agreed overdraft with HSBC and they slammed me with a £100 charge. On 17 November 2009, HSBC called me to let me know I'd gone over the agreed limit. I could not afford to repay the enitre amount until I got my student loan (which was running late, due to the Student Loans Company needing medical evidence to let me repeat the year). HSBC were okay with all of this, and we agreed I would make a small payment of £15 on 3rd December 2009. I made the payment as agreed. In a separate savings account, I was collecting money from my housemates to pay utility bills. HSBC decided, on the 8th December, to use their right to set off and take £240 from this other account. 1. I informed HSBC of my financial difficulty while I was waiting for my student loan 2. We both agreed on a £15 payment 3. They gave the impression that £15 would prevent further action, but I may need to make another small payment later Considering these facts, were they wrong to use the right to set off?
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I have just received a Notice of Hearing of Application for an order to set aside judgement. The defendant had previously acknowledged service of the claim but failed to put forward any defence within the allocated time frame, a judgement was then made in absence of a defence and baliffs became involved. Hasn't the defendent left it too late to do this? Also, as the claimant - is it necessary for me to attend the hearing as it would be very difficult due to work commitments? (I work in the medical profession and cannot get cover for the day). If i cannot attend is there any point in sending a friend along who witnessed the original events leading to the claim? One final question?! - The notice of hearing i have received is very sparse regarding details - it doesn't state if i need to provide evidence at this stage - is this necessary? Can anyone help with the above? - Advice greatfully received! -
I'm trying to gather evidence that Santander uses applications for set-asides as a matter of course -i.e. this is the way they do business. Any pointers to cases would be very useful Ta Very Nuch
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Last year i had to buy some new wheels for my car as a couple of the original ones were dented out of shape and it was starting to affect the handling. I bought an online package of wheels and tyres and after fitting them the car still didn't feel right so i've spent the last 6 months replacing most of the suspension components, getting alignments, etc but the car was still wandering all over the place. I took it to a garage today and they suggested trying different tyres and now it finally feels like a proper car again. When i bought the wheels package it didnt state the name of the tyres it just said premium performance tyres (Delinte D7 in case anyone is looking to buy them) yet i have since found out they are cheap chinese made tyres with a lot of other complaints about the way they make the car feel. Although i was planning to change the suspension anyway i am annoyed that i have had to spend another £400 replacing tyres that are not even 6 months old and were making me pray to god every time i went above 50 mph. Honestly they were that bad! Would i have any argument to make against the company i bought them from to refund the price of the original tyres as i dont feel they were fit for purpose at all?
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Hi, I'm new to this so please accept my apologies if I'm in the wrong forum. A debt with O2 has been passed to Moorcroft. Moorcroft are now telling me that they have applied to the court for a judgment date because I did not reply to their letter that informed me that this would happen (I don't recall specifically getting that letter). They tell me that they can apply for a judgment by default and that once it's applied for the court do not have to contact me and I have no alternative but to pay the whole amount (approx £340) if I wish to avoid getting a CCJ. They have said that the court will give me a grace period of 30 days from judgment in which to pay the debt, during which time the judgment will be lifted and not show on my record. My question is this: Is there nothing I can now do with the court (I don't know which court it is) in order to put in an offer of payment without the judgment being put on? Many thanks Mel
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Hello I feel in trouble and hope someone may be able to help. I have an historic debt to Lloyds TSB which is now with a collection agency. I am going to court next week for a set aside hearing where I think the debt is statue barred. I have a letter from the agency stating that the "cause of action" I referred to in a previous letter is the default date of Sept 2006 rather than the last payment made which was Feb 2004 and therefore their action falls within 6 years as their claim was made in Dec 2011. I think that flies in the face of this sample letter from MSE below: You claim in that letter that the debt referenced above is not statute barred as the recorded default date is xx/xx/xxxx. I regret to inform you that this interpretation is incorrect and appears to be a deliberate attempt to mislead a debtor regarding the legal standing of a debt. As such, it puts you in breach of the OFT Guidelines on Debt Collection and in breach of the Consumer Protection from Unfair Trading Regulations 2008. Furthermore, should you attempt court proceedings and rely on such a contention, then not only will this matter be defended in full; it will also be referred to the Solicitors Regulation Authority as a breach of their Code of Conduct. Specifically, as an "attempt to deceive or knowingly or recklessly mislead the court". Am I right? I'm beginning to feel very nervous about this. Is this a decent defence? Background is that a CCJ was obtained against me last year in absentia which is why I now have a set aside case. I have full records from the agency and there is no acknowledgement post Feb 2004. The CCJ that was granted was also followed by a charge on my property. Any advice welcome and gratefully received. -
We bought a Toyota Celica T Sport in August which developed a serious problem on the first day (big end bearing failure). We obtained judgment against the dealer for just over £5,000 in December. He didn't turn up. He then made an application to set aside on the basis that the court staff told him that if he submitted evidence and said he couldn't come his case would be considered on the papers. He didn't give the reason for not coming until the day of the application (both him and his co-director were in bed with flu on the same day!") There was no medical certificate. The form didn't state the reason for non-attendance. He submitted papers to back up the application the day before the application (over a month after applying). Basically, he has broken all the procedure rules for submitting the application. We have an engineer's report approved by the Court to rely on. He has no evidence apart from an MOT, but his case is that we must have broken the car by driving it too fast on the motorway. He has no evidence of this. The judge seems to have believed he was misled by the Court and that he and his co-director were in bed with the flu on the same day, with no medical certificate backup and only mentioned at the last minute. She stated she had not had the time to read the papers at all, would not consider the strength of his case at all and set aside the judgment. We are both shellshocked. My husband carefully followed all the rules of procedure in this case, submitting papers to the court and the defence properly. The defence have broken all the rules but have succeeded in getting our juidgment set aside. The judge in setting the judgment aside did not follow the rules. We purchased the book "Small Claims Procedure" by Patricia Pearl. It deals with making an application to set aside: "The Court may grant an application to set aside the judgment only if the applicant: (a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9 (i); AND (b) has a reasonable prospect of success at the re-hearing" "The form must cover not only the reason for missing the hearing but also why the party has a reasonable prospect of success." Do we have any right of appeal against this decision?
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Hi i would be grateful for any clarification other caggers can provide. LTSB Gold Service Payment application form circa 1990's. across the top of the application 'Lloyds Bank Gold Service Payment/Photo Card Application Form' underneath Credit agreement regulated by the Consumer Credit Act 1974. this is very confusing as part of the document states under 'Security' 'the overdraft facility made available under this agreement is unsecured and shall not be secured or treated as secured by virtue of any mortgage, charge or other security which i/we may have already given (or may in future give) to you. does this then mean that if there is a dispute that LTSB cannot enforce to change the 'unsecured' to 'secured' via a CCJ ? then further down it states 'to be considered for a Lloyds Bank Gold Service Payment Card you must sign in the box below' this implies to me the A4 form is an application form and not an agreement, however in the signature box it refers to 'this is a Credit Agreement regulated by the CCA' has anyone else come across this? and what is the position. Thank You -
Vehicle Control Services vs HMRC
Surfer01 replied to Surfer01's topic in Private Land Parking Enforcement
We have had various cases recently where PPCs have been involved, but all these relate to issues before 1st October. However have any of these cases set any precedents that may assist a defendant in a parking dispute after the 1st October 2012? -
I signed a franchise aggreement (unfortunately) and I would like to know if the : personal guarantee`s that was included is legal, if it was not witnessed, at the time of signing, and their is no provision for a witnesses signature, is there a set format for this, and could it be deemed invalid and/or, not binding? when is a deed not a deed? Your advice would be welcome. Thanks! -
Hi i have set up a few too many companies which have traded less than 50k per year in some cases dormant with a small overdraft some have overdrawn DLAs which need correcting. I have not kept proper accounts but I can get these sorted, but I need to close these companies as soon as possible and move on. Does anyone have any advice please? Thanks in advace Acy
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