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Popular Content

Showing content with the highest reputation on 07/03/12 in all areas

  1. 1 point
    Hi myboysam, I need to ask some questions and then go from there to determine if I'm the right person to give you advice. Did you declare yourself bankrupt or did someone else do it ? What are your circumstances? Family? Job? Mortgage? Any valuable items such as expensive cars etc.. Can you give me a rough 'timeline' of events please including debts and to whom. Have you got a bank account that you can still use or have all your financial assets been frozen ? Was anyone else such a spouse/partner involved?
  2. 1 point
    yes she does which means that the offence has been committed. ANY part of the vehicle must not be on the zig zags. I accept the rest of your statement. It is, those that have been wrongly or incorrectly issued. But parking where it causes a danger to children is a different ball game in my book. Perhaps you would think otherwise if you have actually witnessed a child being knocked over because of cars parkied illegally outside a school like I have. Believe me, it isn't very pleasent which is why I feel so strongly about it. To be honest (and no disrespect), these are ridiculous comparissons. The examples you state are usually offences which cause traffic delays and incvonvienince to other road uses, not potential life threatening scenarios involving children comming or going to school.
  3. 1 point
    You would find it very diificult to challenge these tickets because you should know not to park on the zig-zags outside a school from the Highway Code. I take it you took a driving test and signed a document at the end of the test when you passed stating that you would drive in accordance with the rules and regulations of the road. Forget about son's bad leg because he would have walked further from his classroom to your car than for you to illegally park on zig-zags. The purpose of these markings is to protect children. They are to give them and motorists a clear view so to stop children running out between parked cars. You should pay the fines and park legally in future and be grateful no child was knocked down because of your selfishly parked car creating a hazard.
  4. 1 point
    You must again demand the documents requested in your CPR. They have supplied documents in their AQ to the court that you have requested and which have not been supplied to you. If there were multiple debts, they need to show what monies were applied to which account and when. If you can record calls, call Wetcloth and ask why they have not complied with CPR still. Statutory interest is limited to one year anyway. If they want contractual interest, they must show the contract. Have they sent any statements since they discovered your address? Personally I would say stuff mediation – you have demanded, and been denied, the evidence on which they base their case. Put the pressure on them.
  5. 1 point
    Hi, Ouch! Yep quite a mess. What i would suggest is to return as many of the items as possible. The PC, the 22" TV, the laptop and the Tablet are all luxuries that you could function without in reality. I would also try and work out a way of replacing your other items try Gumtree etc, ask a family member to help you out with a small loan if at all possible or even better get a bank loan the APR won't be anywhere near as rediculous as BrightHouse's charges etc You should write to head office explaining your situation but keep it brief, then go on to say that you wish to reclaim all of the OSC, Late Payment Charges and Interest you have paid. Your goods are covered by warranty and current Legislation so there is no need to pay OSC and there is no remit in law to say they can charge a late payment fee. If you have your own contents Insurance check your policy or contact the provider to check whether HP items are covered. If so and you are paying DLC, you will be able to claim this back aswell. End the letter saying that you hope you can come to a peacefull resolution with them and come to an agreement on how you will repay the items you really can't do without. Then say something along the lines of, regretfully if we can not resolve the matter amicably regarding the OSC, Late Payment Charges and Interest etc we will pursue the matter through Small Claims Court. Don't worry about it too much the whole 'third party bailiff' thing is a load of waffle. Only a court appointed Bailif with a Court Order can reposess goods from your property and obtaining an order is a lengthy process which i believe would initially require you to attend county court and explain your situation. From what i understand BrightHouse always do everything they can to avoid court situations as the courts tend to be more sympathetic with the Consumer and will normally help you to come to a repayment arangement. Good Luck and I hope this helps.
  6. 1 point
    There is no guarantee that the DWP will phone you with a pass or fail, my zero point notification came in the post, if they do phone state that you wish to appeal, under no circumstance ask for or be persuaded to go for a review, your payments will stop during the review, however they are obliged to reinstate your payments if you appeal, they will send out form GL24 with a return envelope, it will be sent 2nd class and will probably take a week to get to you, get around this by going yourself, or getting someone else to go to your nearest Job Centre and ask for a GL24 with the pre paid envelope, fill it out straight away, and make a point of asking that your payments continue at the assessment rate, the envelope they provide will probably be franked 2nd class, upgrade this in the post office to 1st class signed for, you then can check online that it has been delivered. This is what I wrote on my appeal form to give you an idea of how to phrase it. Since my medical assessment, you have decided that I am well enough to return to work, and that my Employment and Support Allowance should be stopped. I disagree with this, and I wish to appeal against this decision. I believe I should be in receipt of the Work Related Activity Group component of ESA, as I believe I have complied with the descriptors of SCHEDULE 2 ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK Part 1 Physical disabilities (1) activity, mobilising unaided 1 a)(ii) Part 1 physical disabilities (1) consciousness during waking moments 10 (a) I disagree that the summary of the assessment was a true reflection of what occurred during the assessment. Please continue to pay my benefit at the assessment level. Obviously you would put in what descriptors you feel you met. I hope this helps.
  7. 0 points
    I honestly cannot see a judge giving the time of day I do however think that defence is far to basic and does not address enough points
  8. 0 points
    Before considering anything of this nature it's important to find out if the caravan financed via a fixed-sum loan or via a hire-pruchase agreement. If it is the latter then permission would need to be sought from the finance company to sell the caravan to another person as it's their asset. If it's HP there could well be the possibility of exercising a voluntary termination clause, this may save a significant amount of money for the original poster.
  9. 0 points
    Sorry piscator for not responding earlier. If this debt is SB then do as indicated. RW are totally out of order in issuing a cc claim for such a small sum especially if it's known to be SB. They bank on the fact that 80% of defendants will do nothing and then they will have a default judgement against you and will slap costs on top. They will have nowhere to go if you choose to defend which I thoroughly recommend. If it turns out for some reason it is not SB then you will need to defend on the back of lack of correct documentation and with RW the Notice of Assignment is a good place to start followed by a defective Default Notice. I reiterate that the Defence on the grounds of the debt being SB is the best course of action provided you know that to be fact. Chancing your arm on getting default judgements on SB debts is an abuse of Court process in my eyes but seems to be a favourite trick at present & needs to be jumped on.
  10. 0 points
    Are you still certain this account is statute barred ? If so, the SB defence should be adequate. Courtesy of andyorch.
  11. 0 points
    Suing for libel is a rich man's game. It has a very high burden of proof, and even where this exists, the likely return from a successful action would most likely not cover your costs. Headline cases always involve high profile personalities with many millions of pounds worth of contracts at risk, and the average person, although wronged would be very unlikely to be judged to have suffered a financial loss. Libel would also involve the broadcast of defamatory material to a wider audience than the individual concerned, so for as long as any untruths are communicated to you and not in public, then it would not be actionable. Best advice for this is to use the letter(s) in your action, together with the proof of their falsehood to underline your case.
  12. 0 points
    Hi there. Hopefully I can be of some help, as I have been in NZ for just over 3 years. I left the UK with significant debt having been unable to pay it back due to loss of job after an accident at work. This was unsecured debt, but debt nevertheless. I will deal with unsecured debt first. As regards a UK bank, credit card company or a debt collection agency actually taking action against you in NZ, it is virtually impossible for them. To do so, they must have already obtained a CCJ against you in the UK. If they have not, then you can forget any legal action. As regards chasing you, then they will by letter, threaten you with all sorts of things, none of which they can do for the aforementioned reason. What you do need to do, is update every creditor that you are in NZ and give them your PO Box number as an address. Don't admit any debt if you ring them to let them know. I would also notify a change of address using the tear off slip on the back of the credit card bill. Do whatever you can to ensure that ALL correspondence reaches you here. Don't bother telling DCA's as they get all info from the main creditor. As soon as the DCA finds out where you are it will get passed to another bottom feeding DCA. Some people have failed to tell creditors where they are, and the creditor applies for a CCJ using the address that have on record. You then have to jump through hoops to get the CCJ set aside, as this is the step they need to legally chase you in NZ. Some will ignore your address change anyway and try and slip a CCJ in illegally. I had a major credit card do this 18 months after I had let them know where I was. The first I knew was that the Royal Mail re-directed the summons to my NZ PO Box. I rang the CC company and pointed out that they had in effect lied to the Court (very naughty) in order to obtain the CCJ, at which point they immediately withdrew it! Any debt may be sold to an NZ agency, packaged up so as to appear to the NZ company as collectable. Theoretically, they could chase you for it, but as the debt originated in the UK, it can only ever be enforced in the UK. Therefore, all you need to worry about is legal enforcement, which as I said, they can't do. Your house mortgage is a secured debt, and the mortgage company took a risk when they leant you the money that you had the ability to pay it back, and that the value of it covered the loan. Clearly from what you have said, neither has proved correct and you are now in negative equity and are behind on the mortgage. I would say here that attack is the best form of defence, and that you immediately put this property on the market in the UK. By doing this, then you will show the lender that you are serious about sorting it out and they may get off your back a bit. Doing it this way, you may get a better price for it than if it was repossessed, and thus the shortfall will be smaller. The main issue you have, is that a lender can actually bankrupt you in the UK for a period of three years since the date you left. If the debt is significant, then the likelihood of them trying this is greater. Bankruptcy in the UK takes account of all your wordLy assets and would include a property you have bought, or a car etc in NZ. If this is not an issue for you, and you are simply in a rental in NZ on a low income, then you could hand the keys back and walk away. They will chase you for it, but if you have no assets then the worst that can happen is that they will make you bankrupt in the UK which won't have much bearing in NZ if you are not a home owner. If you have nothing and can offer nothing, then that will be that and eventually you would be discharged. Ideally, you will have been in NZ for three years by the time it comes to this, and then they are really stuffed hence the delaying tactic with selling the house. For a smaller amount of deficit, then the cost of doing it outweighs any gain for them, and they are unlikely to try it on. Once three years have ticked by they can't do it anyway. I know it might seem a massive problem , and I would imagine that there are some sleepless nights in your household, but take it from me, you really don't have to worry too much about it. If it's any consolation, my debts were 40k GBP and I tried and tried to pay it back, but none of the creditors were any help. My experience is that even big companies resort to illegal threats of action they can't take, and the mismanagement of loan paperwork is breathtaking. They rely on threats to intimidate people, and in a lot of cases this works with the 'won't pay' as opposed to the 'can't pay' which is why they do it. Try the lender out by threatening to hand the keys back, and tell them you are in NZ. This will give you an idea as to what they would do. I would hazard a guess that they will tell you a right load of old bull in an effort to get you to not hand the keys back, as this leaves them with a problem house. To get rid of it they would have legal fees, estate agent fees etc etc, and with little hope of getting it back from you. I would imagine it would be a last resort for them anyway. Try and sell it until they are forced into action and repossess it, delay everything and hold out until the three years are up. A previous post says that it is not possible for a UK creditor to initiate Bankruptcy proceedings against you as you are not in the UK. I am reliably informed that they can serve a Statutory Demand on you, even in NZ, which is the start of Bankruptcy proceedings without the need for a CCJ first. The 3 year bit is the crucial part. Outside of that, you are home and dry. As this is conflicting advice, I would possibly get proper legal advice before you take the plunge! As regards your secured loan on the house, I am assuming this was taken out after the mortgage? The mortgage company will have first charge over the house, so if it sells for more than you owe them, I think it would clear the mortgage first with any surplus going to the secured creditor, who of course by then will have no security. Not sure if they can take any other action other than bankruptcy as discussed above. 3 tea
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