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Misscynical

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  1. A Final Charging Order was made against my property after the date of my bankrupcty. I wrote to the Court advising them of my bankruptcy and the Final Charging Order was discharged on 19 May. Although the Order required the Claimant to notify Land Registery of this they have not done so. I sent the Claimant a letter last week with a copy of the Order and gave them 7 days to comply otherwise I would revert back to the Court. The Court did say that I could send Land Registry a copy of the Order. I have also contacted Land Registry and they have sent me Form CN1 so that I can get the Charging Order removed myself. If there is no fee for this to be done I will send the necessary paperwork to Land Registry although the Claimant has been extremely underhand in their dealings with this debt and if I can heap trouble on them by getting the Court to intervene then I will do that as well!
  2. Fantastic news, congratulations. Wish I could've held out on bankruptcy cos I would have loved a result like this. Still reading and absorbing, have offered my services to CAB and am waiting for them to sift through my references:-) If I'm successful I will happily share on here anything I learn in training! Good luck all. MissC
  3. Hi lil old me, sorry for delay in replying. The letter was signed by H E Bower. I complaied to the FOS and RBS then sent a letter saying they would refund £42 in charges to my account. As I decided to go bankrupt on 29 January I didn't bother replying. I might tell the Official Receiver that the account was in dispute as no CCA but doubt she'll be interested:-) Good luck, am still subscribed to thread so interested to see what happens. MissC
  4. Little bump and update:-) The Cancellation Notice mentioned in my post above was dated 6 January 2009. I telephoned Smile on 11 January to ask why I hadn't been sent a Default Notice prior to the Cancellation Notice. The Chap on the phone ummmed and ahhhed and then said one had been sent on 5 January. I asked him when it was dated and he told me it was 5 January. I told him that I hadn't received it and that I was supposed to be given 14 days notice before a Cancellation Notice was sent. I said as this hasn't happened - plus the account was still in dispute as they had never sent me my credit agreement after CCA request on 27 October - I didn't believe they could cancel my account. On 17 or 18 January I then received a copy of the Default Notice dated 6th January - not 5th January as bloke said during phone call to Co-op. I have now received a letter dated 20 February saying they 'hereby demand immediate payment and that under current Conditions of Use that apply to the above account your agreement has been terminated (for the second time apparently:-)). Please could someone what I should do now??? Many thanks, MissC.
  5. I think the five years is in relation to the Bankruptcy forms which ask if you've transferred or given any property away in that time. It also asks if you've been divorced or separated within that time period too.
  6. Well, SAR request back both accounts, no copies of notes, phone calls, no agreement. And statements only going back to 2003 not the inception of the account in 1991. Got a text this morning from Barclaycard saying my case was now being handled by Mercers. Not sure that I care any more. Took a massive file of paperwork from the 15+ claims I was tackling re dodgy agreements and charges as solicitor has said that the only way to avoid the Final Charging Order going on my house is to go bankrupt. So... there I go. Big thanks to all those who people who came forth with their helpful replies. Sorry I couldn't battle on and put it all to good use. Only wish the Official Receiver would let me carry on with my grim determination to fight the lot but I don't think I'd be allowed. Best of luck to everyone, MissCxx
  7. PP, I just saw you're post about benefits. I'm not sure what position you're partner is in ie. work etc but would you be entitled to working tax credit? It's not only for people with children and might be one of the quickest benefits to apply for. It took me 18 months to get maintenance through the CSA. I've also appealed for the last 3 years against £11k of overpayments from the Tax Credit Office even though I kept them up to date of my working situation, figures, benefits etc. They said I was classed as employed because although I was off sick I had a contract for 37.5 hours a week and was being paid under a insurance policy through work. When I was made redundant I told them that I was no longer entitled to Working Tax Credit as my contract had been terminated due to medical reasons. I said that I only wanted to claim Child Tax Benefit but they said I'd really been unemployed since 2003 as I'd been getting Incapacity Benefit. The insurance company paid me my salary minus the Incapacity Benefit element as it was one of the terms of the policy that I had to claim it. The TCO ignored this completely and hit me with a bill for £11k. I never got to the bottom of it and have added to the pile of creditors - not my problem any more. Deep joy:) I applied again for Disability Living Allowance in June 2007 after a review of my Incapacity Benefit and evidence from my doctor and consultants. It was refused but I appealed against it and finally in December 2008 after going to a Tribunal I was awarded it. It took 8 weeks to get the backdated payments but I did get there eventually. The government bodies and banks etc can make it very difficult for the little people but with grim determination.... Have you tried for council tax benefit? If you kept copies of any of the benefit forms you filled in before, it might not be so daunting just to update the information and copy it over onto new forms? Enjoy your weekend:)
  8. Hi PP, just checking in to see how you're doing. "I agree that my brain is overloaded, so much so that I'm not really dealing with anything, rather just stressing about it all instead!" I have days like this too but my psychologist taught me a little trick. She'd ask me what I'd been up to in the week since I'd seen her and I'd say "Oh... I didn't manage to do this", "I couldn't do that". Then she'd ask me what did I manage to do?... and once I took a few minutes to think about it I realised I'd achieved quite a lot even if they weren't the things I'd intended doing. Because I hadn't done the things I'd planned to do I felt I was failing. You really don't sound like your sitting around doing little. You're facing up to this which is very brave and your trying to find solutions. Hang on to your health, sanity and (oh, your fab partner:)). A few tears and 'words' are par for the course in this stressful situation but you'll get there! I took a four inch folder which was full to overflowing to my solicitor today to start bankruptcy proceedings. I don't feel that I've failed, I've fought longer and harder than most people could have. There's hardly any stigma to it nowadays as thousands are going down this route now in this climate. I've weighed up all the pros and cons in my personal situation and its the best option for me. I've saved 3 quid on buying a new folder for the rest of the correspondence that would've rolled in from my 15+ claims, I now have room in my filing tray and I've saved on postage. I laughed when I added these to my mental 'pros' column. If it wasn't for the impending Charging Order on my house I would've battled on but the interest the claimant was adding per month was more than my Disability Living Allowance. Hopefully I'll keep my house and a roof over the kids heads. I'd love to have had a gift shop and I really admire you for the courage you had in bringing this to fruition. If it struggles through the recession you should be home and dry. If it doesn't... you've done it once and you can do it again. Hugs and hang on in there. MissC PS If you claim bank charges on your business account I don't think the bank is allowed to close your account when it's in dispute and they're not supposed to 'disadvantage' (or something like that!) you because you've had cause to complain. I guess it doesn't always stop them tho. Keep reading and digesting but try limiting the hours you spend on here - vicious circle I know cos I could sit here until the early hours reading CAG and then I wonder why, on top of everything else, my energy levels have depleted!!
  9. Hi Purple Person, feel for you sweetie. I was under a lot of stress myself 6 years ago and ended up having a breakdown. Was working full-time a midnight to seven shift for a solicitors in London had a 45 mile drive home. I was trying to look after two young children during the day, surviving on 2-3 hours sleep a day. I even started studying for a degree. Must've thought I was a machine. The father's children was an alcoholic and life was grim. One night I went to work and started crying and didn't stop for weeks. I couldn't write, I couldn't eat, I couldn't understand what people were saying to me. I'd just overloaded and that was it. I was very ill for a long time taking antidepressants, mood stabilisers, sleeping tablets, sessions with psychologists etc. Eventually I realised that had I asked for help when I first started to need it instead of battling on alone I wouldn't have had a breakdown. I was so weighed down but had always been a strong person and thought if I asked for help I'd be a failure. I separated from the childrens father which cost me £30k in legal fees as it was so acrimonious but my fantastic group of friends got me back on my feet. I still have ups and downs and when things start going to down hill I'll go back on my tablets for a couple of months until things pick up. You'll have amazing support on hear. I'm dealing with about £65k of debt and sometimes wonder if I'll have the diesel to get the kids to school and I thank God for their free school meals. I've been tackling 15 credit/store/bank claims since October and have had made a nice headway into them all. Unfortunately I have a separate debt which isn't covered by the Consumer Credit Act and the creditor is applying for a charging order on my house. My solcitor has advised bankruptcy but we're not now sure if this can be done due to an interim charging order that's already been put on the property. I really don't want to go down the bankruptcy route as I've gone from feeling very low and dispirited about my debts to empowered after finding CAG. With all the information gleaned on CAG I'm starting to enjoy the battles with the banks and look at them as a challenge. I'll miss all that if I go bankrupt. Once you become more knowledgeable in the field you'll have the confidence to tell these creditors where to go. With regard to your landlord if it was applicable at the time and he didn't lodge your deposit with one of the three deposit protection agencies he legally has to pay you compensation of 3 months deposit I believe as his forfiet for not lodging your deposit. Well, if I go bankrupt due to the rotten charging order I will have time on my hands and will gladly help you in anyway I can. Hang in there flower, it does get better, I promise.
  10. Fab, angel, thanks for post. I just asked on the Dodgy DN thread about whether the Notice was faulty and had a reply from Von Greenbach matching yours. Guess the next question I need to ask is what do I do now?? Oh dear!. Just off for a free 15 minute session at solicitors regarding a Redetermination Notice. It never ends. Had a scan over your thread but will get stuck into it later tonight.
  11. Here's their or should I say my 'agreement'! They kindly reduced it to A5 just so I have to squint at it a bit more. Unfortunately I haven't found out how to enlarge on my scanner/copier yet but just the fact I've mastered the scanning is an achievement on its own!
  12. Hi angel, have used photobucket to scan Default Notice. Now I've set up my scanner I'm going to post up the 'Agreement' they sent me. Can't wait to skip over to your thread to see what news you have... sounds exciting! Opened bundle of post before rushing out the door to my grandad's funeral. Shoved all the envelopes in the bin and didn't read the post til I got home. Bin bag is now buried under the contents of the bathroom in a skip so envelope now gone. I did receive another missive this morning from them in a bright orange envelope headed on the outside 'TELEMESSAGE'! Haven't got a clue what this is about. It's from GE Capital but could be in connection with my House of Fraser Card or my Russell & Bromley one. It has a number to call and a reference but I'm wary about calling it - what to you think??? Have you ever had one of these? Catch up in a bit, MissC x
  13. Update, update. I sent 'I find it difficult to believe that you have mislaid such an important document...' letter and here is their reply! Any comments welcome. I've just had a call from them chasing payment and the letter states this is their final response. Do I now report them to the Financial Ombudsman and is there anyone else I can report them to? Thanks all, MissC:)
  14. Hi Maz, missed your post but just looked in as I've received a Default Notice from GE Money. How are things going with your investigations?? I'm just going to skip over to your thread thru the link you gave. Cheers, Miss C
  15. Hi slick, I will tell the court what you suggest and I am also intending to tell them that I would like to try to get the judgment set aside. None of the documents referred to in the PoC were attached and although I've tried to get spreadex to handover all the information under a Subject Access Request they have refused. They have sent me nothing showing that I opened the account with them, and from what they call their two-way agreement I can see nothing about interest being added. In the meantime I'll be writing back to them to ask them again to cough up the information I requested. Maybe when I start the set aside the Judge can make them give up the documents . Thanks for taking the time to reply. MissC I've just rung the Financial Ombudsman who are writing to spreadex customer complaints to ask them to give me the information I've requested:)
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