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Showing content with the highest reputation on 13/05/11 in all areas

  1. http://www.legalfutures.co.uk/latest-news/judge-upbraids-bank-and-its-debt-collection-agency-for-conducting-reserved-activity A judge has criticised a Manchester debt collection agency and the bank instructing it for conducting litigation in breach of the Legal Services Act 2007, after pursuing an investigation on his own initiative. Judge Richard Holman’s county court judgment in Bank of Scotland plc v Mark Whiteside – a routine mortgage debt case – is an indication that the lower reaches of the judiciary will hold firm on the line between reserved and unreserved activities once alternative business structures come in this October.
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  2. I would do exactly what silverfox has said, speak to one of the Charities, and take notes of what they say, post brief details on here and I'm sure people will give you their tuppence worth if your unsure what to do. DON'T go with a fee paying Debt Management Company (DMP)! Even if they tell you they have better results than the Charities! The most important things you can do (which SF has mentioned as well is): - Get a "parachute account" - that is an account that is in no way related to any of the Creditors you owe money. If you are unsure, post some suggestions and I'm sure another poster will let you know if they are related
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  3. Surely you misspelt 'faeces' as 'faces'?
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  4. I think you will find a lot of the time this advice is given because a person with problems is unable to come to an arrangement with the banks. There isnt a great deal of sympathy in the banking sector for people who have fallen on hard times (in a lot of instances through no fault of their own). Charges pile up and eventually the banks write the debt off to tax (which effectively means they loose absolutely nothing) and sell it to a DCA for a fraction of the amount. The DCA's are known to use extremely harsh and underhand tactics to obtain the full original amount (or as close as they can get to it), causing so much stress, heartbreak
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  5. Hi The OFTs DCG guidance only says it can be unfair if they have come out of nowhere after 6 plus years to pursue a debt without any prior warning. Thats not the same as a creditor trying to contact someone but them ignoring them. They have been careful to say that they accept the debt still exists and it could be something of a gray area is the creditor is saying they did send letters but the debtor is saying they never recieved any for whatever reason. DCA are certainly views by the Government and Regulators as legitimate business - of course they are - its some of their practices that are questionable.
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  6. Yep, the N1 is just a brief summary and application form. All the detail (The Full Monty as it were) are in the detailed POC and supporting schedules just make sure what you put in the value section ties up with the detail in the POC and supporting schedules. ims
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  7. Who was the supplier? How much is this clown outfit trying to con out of you? Ignore Robbers way, thank them for their previous correspondence but you are unaware of any such debt owing for any utility bill, whatever that may be. As they have failed to make it absolutely clear what they are attempting to chase, you deem the matter closed, and for their trouble have reported them to the OFT&TS (via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948) Any further correspondence from themselves will be treated as harassment and reported as such to the local constab
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  8. Lamb "Prior to the issue of proceedings, I had delivered to you a request pursuant to s78 CCA 1974 (as amended) for production of the agreement that you now mention in your Particulars of Claim and upon which you clearly intend to rely. It will be noted that you disregarded said request. 2. You allege in your particulars that you are the assignee of a debt purchased from Bank of Scotland, to this extent, I require a copy of the Deed of Assignment. 3. As I am sure you will be aware, the legislation applicable to assignments of contracts is laid down in the Law of Property Act 1925 s136(1), in this regard, I require a copy of the
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  9. Nice game of musical jobs then? Gordon Brown was a joke wildcard BTW
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  10. Hello Panther and Bigdebtor I shall attempt to answer both of your queries. The reason why I have stated that a debtor offering a third party cheque payment made out in full and final settlement of his account attached to a covering letter stating the terms said cheque is tendered by, should not, under any circumstances, write his account number on the reverse of said cheque is because this said act will defeat the purposes of said covering letter. With the above in mind, I would like to refer you (and anyone else for that matter) to the Fry v Inland Revenue case, of course said case is no comparator to a settlement case bet
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  11. MrZ Originally Posted by citizenB If I recall, this loan was a secured loan wasnt it ? In which case, along with the mortgage, it became a priority repayment. Although I would guess that your first / original mortgage is actually the higher priority. TBH, I am not absolutely certain how you would/could quantify distress. Sadly, 2nd mortgage/secured loan providers tend to scream louder than anyone else when someone finds themselves in a financial quandry. Yes, I know. I have the concept of what I want to do. But putting it down in "legalese" is where I am struggling
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