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angel_1

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Posts posted by angel_1

  1. Yes this is her 2nd solicitor..who now that my friend has reviewed all the paperwork to her has seen that larhe amounts of info not in there  oy partly goes back to info from around 3 years ie when the bankruptcy was processed.

    The solicitor has recommended a barrister at 3k ..but my friend is nervous that there isnt the full info snd so what can the barrister defend fir her..i did say the signed by both her and her hubby deed of trust would have nulified a this from the start...i agree ive tried to help her..but now it seems even this solicitor is saying the intent of the deed of trust is evidence..but im nervous of that statement

  2. Hi

    trying to help a friend who has sold her house and the equity was used as deposit with her husband to buy a house together.

     

    The house is only in his sole name..

    they had tried to get a deed of trust done and their solicitor wrote to them to come and sign...they never did.

     

    The solicitor has osed up hos business only got a document from him stating to go in to finalise the deed of trust.

     

    Now my friends husband separated from her and the home and went bankrupt over a water bill of just over 2k.

    He never told her this until all the paperwork and bankrutcy happened.

     

    Now with covid etc the charges by the bankruptcy trustee has risen to 50k and they are going for the house ..in his sole name

     

    my friend had been paying the mortgage and bills and her youngest child only turned 18 last year, tried to challenge that although no paper deed of trust there was intent and oral acceptance from the start of buying the house

     

    her deposit of £80k used logically she would have 80% and he would have 20% ownership of the house. The trustee is saying without the deed she had nothing initially, now its 50% as they are still married.

     

    She has court this week to try and defend her stance, the intent of their agreement and to claim back her deposit and all payments made by her to the upkeep and monthly mortgage payments made by her solely.

     

    She fears she will lose everything .

     

    .a barrister has been appointed but she is wondering that not all her paperwork from the day of the house being bought was put in by a previous solicitor to hers now.

     

    Can she ask for an adjournment  before Thursday to get a better defence with paperwork ...what chance has she got and what else can she do please

     

    many thanks .

     

     

  3. hiya all happy easter to all,,

    , im back like an old penny,,,,,,

     

     

    with easter upon us, and forgetting postal days,,,

     

     

    ,,im on my last day today to post 1st class to arrive by 7 April 2015 the Directions questionnaire

     

    as I did have a letter saying the clients wished to proceed,.....

     

    I have received their copy too

     

    unfortunately, im always running around like a headless chicken and this is now become urgent as usual,,,

    ,, I must organise myself from today!!!! so apologies,,,,

     

    I know done one of these before ,

    ,,, but also need to serve a copy to all other parties,,,is that just B W legal ,,,

    ,,original copy goes to the Northampton Bulk Court,,,,?

     

    I don't have to send a copy to Lowell Portfolio ltd do I too?#

     

    I say yes to the mediation service,?

     

    Give the my full info and contact number?

     

    C1... is Track,,do I just agree yes?

     

    D.. hearing I put my local court name and do I say town court of my address or something?

     

    D3 witnesses,,,, do I say what?

     

    D4 hearing,,,, any days in the next 6 months,,,i give any holidays already booked?

     

    no interpreter needed,,,,

     

    and just sign it....

     

    many thanks for any help,,,

    , I apprecieate any help or I will just go from my past attempts and memory,,

    ,,, lol,,,,now that could be dangerous,,

    , my humour is the only thing I still have in the face of adversity,,,,

     

    I will log in in an hour as I have children to pick up,

    ,, cheers and then will get it all posted 1st class guarrenteed delivery on Tuesday now.

     

    cheers angel xxxx

     

    hiya looking around other threads I think ive done it ok,

    ,,, just wanted to clarify it s just the original to the court and a copy to the sols only who are bw legal,,,,,,?

     

     

    anyone pls cheers so I can get off to the post office before 5 pm thanks angel xx

     

    hiya all,,,im off to the post office, orig to court and a copy to the bw legal,

    as like other threads, that should be okay Im hoping, catch up laters angel x

  4. hiya all and

     

     

    coming back just to clarify that I am unable to send via mcol,

    as the password is not recognised

    thus chatted to court who advised can send in my defence via their email

     

    [email protected]

     

    and in the subject line, put,,,,Claim no xxxxxxx and Defence

     

    what im now asking of course do I need to then on the email,,,

     

     

    Particuluars of Claim

     

     

    The information they have fully put on their claim, here xxxxxx

     

     

     

     

    1. How much of the claim do I disupute? I put as answer I disupute the full amount claimed as shown on the claim form

     

    2. Do you dispute this claim because you have already paid it,? I put as answer No,

     

     

    Then 3. Defence

     

     

     

    and here just the Statute Barred defense on previous post no .....

     

    or do I need to write a statement of facts and put more information of any kind in there anywhere?

     

     

    have noticed previous defences I had put info that I had requested cpr and cca and had no information to date ,,,,

     

    cheers angel x,,

  5. Thank you dx100uk yes i understand what you have explained ..that post is very clear.

     

     

    Before i hunted again for the last statements i re read my thread from start to finish and

    post 34 says i had stopped payments for the last 3 months s

    o my memory was right sept 08 last payment

     

     

    just really want that statement and the next few statements after

    ..but if i cant and also cant find the default notice neither

    i suppose irrevelant as statute barred is a stronger and absolute defence on this occasion.

     

    Dont you all think? Im off a hunting but will catch up in the morning nite all x angel

  6. Hiya all many thanks for all your replies .

     

     

    . i have some statements and looking to find the last few ones regarding my last payment to ensure the date would confirm 100% its statute barred.

     

     

    Howver.... i thank you re your advice not to send a second cpr letter only going by past claims i was helped last year and recommended to send a 2nd reminder cpr request.

     

    The poc i agree is i think a part copy and paste bybyhe claimant and made a pigs ear of it .as its referring to a mobile contrsct as a non regulated agreement but who knows what they really are on about...only thing the 16 digit ref looks like a credit card number.

     

    So.. i will continue tonight to search the last part of the statements to satisfy ourselves it is statute barred

    and can then use the info you have all provided to get my defence sorted.

    I will first draft it and get the glance over by you lovely caggers to ensure im doing it right.

     

    I cant think of anything else i wanted to ask but as always im indebted and will.sort out my paypal account to send a donation.

    If i quickly find the last statements i will be back on later this eve if not will check in again in tje morning ..

     

    cheers angel x

  7. Astonishing that a solicitor/claimant can issue such a ridiculous PoC...

     

     

    Thankyou DonkeyB..

    .. i thought it looked strange..

    how can it be to my benefit..

     

     

    . no reply to cpr letter or cca request to date

     

     

    ..shall i send a second request of the cpr again

    ..and allow them a few more days .

    .. due to my depression i dont feel confident to call them and speak on the phone at the moment ...

     

    also looking at the start of the thread its a card document that was sent as a cca..

    . previously so many years ago.

     

    im still looking at old statement but pretty sure it was sept oct 2008 that last paid..

    . but on credit files recently received the default date shows like since months after around middle of 2009.

     

    I feel they havnt really got anything but i wish to proceed and put in a defence.

     

     

    I hope to know from you all what really i need to do now today please

     

     

    cheers and can i use the poc wording as part of my defence in my positive way...

     

    got a meeting i need to attend but hope to be back by 4pm will log back in then

     

    cheers for looking in DOnkey x angel

  8. hiya citizenb well reading back to the begining of this thread where admin kindly merged it today, ,

     

     

    quite honestly had forgot id ever started one on this monument query,

     

     

    ,,,it does say and

     

     

    i recall around oct 2008 was possibly the last payment

     

     

    but tomorrow going into my famous garage to locate paperwork re 2008 fingers crossed...

     

     

    . will let u know tomorrow.

     

     

    been a bit of a moment for me today..

     

     

    ..my past efforts may be helpful now.

     

     

    cheers angel x

  9. hiya all many thanks to the admin team for merging my threads

     

     

    gosh i was right scary to think i remembered stuff from 2008,,,

     

     

    ,,so if my memory and what i wrote in the early part of the thread

     

     

    i stopped payments in oct 2008....surely this is now possibly hold my breathe ....over 6 years and could it be statute barred?

     

    that would be so cool but i could be not so lucky can i?

     

    off to see what other info paperwork i can find in my garage,,,

     

     

    , will wait for further info and advice please thanks angel x

  10. are BW [part of Bryan Carter then? interesting.

     

     

    So now I will look at other threads and see what I can find myself in my heap of paperwork as this one seems so long ago,,, I need to refresh myself what happened in the past.

     

     

    thanks guys, will log off now anything I need to view as a matter of reading matter would love to have any links cheers and off to do dinner but will be back later angel x

  11. hiya guys

     

     

    just doing the cpr letter and comparing to one I did last year,,,, I have at the end of mine from last year the following

     

     

     

     

    Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

     

     

    I=======

    Should I leave it in or not,,,,, cheers angel x

    Also,,,,,,noted on the particulars of the claim,,,,they are stating a non-regulated communications agreement.....

    can I still cca them? im confused never seen this before.. but I will cos I think they have got this confused with something else,,,oops do they know what they are doing lol x.

     

  12. hiya all here is the info as much as i can give at the moment

     

    Claim received dated 15 jan 15.....

     

     

    . acknowledged by 3 Feb 15..... defence due by 4pm 16th feb

     

    What the claim is for....

    Particulars of claim -----

     

    The claimant's claim is for the sum of 2,000.00

    being monies due from the defendant the claimant under a non-regulated communications agreement

    between the defendant and compucredit international servicing LLC

    under account reference xxxxxxxxxxxxxxxx and

    assigned to the claimant on the xx/xx/xxxx

    notice of which has been given to the defendant.

     

    The defendant failed to maintain the contractual payment under the terms of the agreement and

    a default notice has been served and not complied with.

     

    The claim also includes a statutory interest pursuant to section 69 of the county courts act 1984

    at a rate of 8.00% per annum (a daily rate of 0.41 from the date of assignment of the agreement

    to xx/xx/xxxx being an amount of £100.00.

     

    -----------

     

    Value of claim - £2000.00

    The claim is saying for a non regulated communications agreement.... i think its monument credit card account.

    Entered into the agreement Before 2007.

    It is the Debt purchaser they state assigned to them.

     

    I cannot remember if i did get any notice of assignment.

     

    Default notice - I may have received but again cannot remember.

    If i have been receiving notice of default sums once a year,,,,this i do not believe that I have been.

    I ceased payments as at the time of a lot of financial prbs started as was suffering with depression and was having financial problems.

     

    I believe the last payment was in 2008 but will check later .

     

    Was there andispute with original creditor that remains unresolved,,,,

    i think i may have asked for the copy of the cca intone past and got some card info and they were saying this is a valid cca.

     

    did i communicate with the original creditor and any attempt into a debt management plan.

     

     

    .. i think from what i remember i did try to get my finances together

    but i do not believe any legal debt management plan with any company was entered into

    ,,i tried to resolve by requestig cca and info andgoig to cab who helped me with a budget for myself way back 2007/2008.

     

    ok so now I need to

     

    1. send a cca to the claimant which is lowell portfolio 1 ltd

     

    2. send a CPR 31.14 TO SOLICIOR ` who is the bw legal in the address for sending documents on the claim form.

     

    i will wait until 4pm before i go offline incase i need to do anything else. cheers angel x

     

    and

  13. hiya all and good morning citizen

     

     

    i have managed to get ack in so thats been confirmed received by court.

     

     

    i was only asking if a template of the main questions was available but understand your reply.

     

     

    I'm on my daughters apple laptop but I'm struggling to be as quick as my pc,,,

     

     

    I've read the notes what to do next but

     

     

    i will be back online in an hour and will use my pc and answer the questions on my thread here

    and also understand the cca request and cpr letter are to be sent.

     

     

    i am awaiting on credit files as not had upto date ones for over 5 years so can look at that too.

     

    Also i was wondering any threads or points i need to look at re this claimant and their solicitors.

     

     

    i will be back soon for now angel and thanks for the clear help so far x

  14. hiya all

     

     

    got a claim but

     

     

    cant find how to link here theclaim template you would like completed withall the info.

     

     

    im using a tablet too

     

     

    maybe someone can copy and paste thetemplate for me to complete pls ta

     

     

    i will try myself toobut am struggling.

     

     

    only returned since yest and already causing mischieve lol. cheers angel x

  15. hiya spartathisis, well done it looks like I need to read u p on your success as ive had another ccj form through and I need to sort out maybe your success may help me too, cag has been fab for me in the past and thus now I hope I can get a donation to them as I need help again, they know me too well I keep coming back like a bad penny but everyone is so helpful and looks like your success will help others too, good luck in credit building ciao ... angel

  16. hiyaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa all

     

     

    im back,,,gosh its been a long time,,,,,update on this one, bryan carter sent a letter saying they were not persuing this any longer thus and I cant remember if I had anything from court to say the same but nothing else has happened as far as I know from them or the court.

    will look for paperwork in a bit,,,,,, however guys I need to process another one but from Lowell now, will do a new thread. This year I endeavour to finalise all my outstanding stuff and get things sorted once and for all, im tired of it all, hope you are all well and I promise to log in and keep things updated and will need to find out how I can send a donation now I think last time via paypal, speak soon guys, ciao for now angel and happy belated 2015 to all lets all make it count this year!!! lol

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