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Everything posted by Ingrid

  1. This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. He's self employed. He started his own business when she was with him, which is where some of her money went, in helping him out with some of his bills. He was Limited for the first 12 months and then moved premises as he had a sizeable rates bill to pay and dissolved the limited company. He told her she's not getting any of her money back. He moved back in with his parents and rents his house out. We know he takes in cash from his business as he did it when he and my daughter were together. He can afford to pay her, but she just can't get the money out of him. The judge was aware that the property was jointly owned, was he wrong to grant a Charging Order?
  3. My daughter took her ex to court over monies he owed her, currently standing at over £6k. She won but he paid her nothing a year later she went back to court and the judge awarded her a Charging Order over his property (he co-owns with a previous ex). She has tried to register the Charge with the Land Registry but they appear to have awarded a Restriction. What is the difference and what should she do?
  4. Okay, thanks Andy, I'll give that a go tomorrow :-/ It's not a conversation I'm looking forward though - I'm sure I'll get tied up in knots. As I said in the beginning, I've never denied owing it, it just escalated and became more and more difficult to make repayments. Dare I ask if you could give me some pointers for dialogue (it's not something I've done before!)?
  5. Okay, thank you! So I shall be putting together an offer letter this weekend, sending it out Monday. Do I just make an offer, or do I have to detail my income/monthly expenditure to back the offer up?
  6. On a debt of £6k what would be a realistic offer of settlement? Do I only get one shot, they throw it back at me and ask the Court to remove the stay? Basically, I'd have to borrow from a family member and funds would be limited (I have no savings of my own) How negotiable at these people?
  7. I thought so, hubby just thought it might have been worth a go given that they weren't compliant. So it's also not worth asking if they have a copy of the original agreement then? I suppose it's just dragging out the inevitable. Hubby is still telling me I should write to the Court asking for is to be struck out, but I suspect they will contact Drydens who can argue that they won't allow it. Would that be right? I'll apologise now Andy, for not taking your advice - you have helped me with the best of intentions, and I feel I have let you down too. I really wished I'd understood more about the striking off, but I didn't. Anyway, back to the next step! Do you think they'd accept a f&f settlement, and what sort of amount do you think they'd accept (I have already mentioned my m-i-l has offered in order to help me) Same with a monthly payment too, as I don't want to offer more than I can realistically afford.
  8. My husband has just posed this question: "As I understand it Drydens had 14 days to come up with the signed CCA, which they didn't do. Almost 5 months later they write saying that they have the signed CCA and are asking for offers of payment. They have not gone to the Court at this point, asking for the stay to be lifted as yet. Can we not write to the Court now and ask for the claim to be struck out before Drydens apply for the stay to be lifted, ie is there a time limit on asking for it to be struck out. Surely if they were confident of a win they would have gone to the Court to ask for the stay to be lifted rather than come straight to my wife to ask for payment." I understand what he means, inasmuch as they had 14 days to provide the proof, they didn't. They are the people who deal with this every day but didn't follow procedures.
  9. Hello Andy I deleted my signature, which is alongside the date on the second page of the agreement (if that's what you are referring to) What is a Notice of Assignment - I shall check to see if that is within the paperwork they sent me. Also, what is a Tomlin Order? Also, should they proceed to Summary Judgement what happens? Please accept my apologies for the questions. I feel I have let you down as you have been so helpful, and I just totally didn't follow it through, not for just one reason, but that really is no excuse.
  10. Ostrich syndrome Oleg. Once I'd missed a couple of payments early on on this debt, with the amount of other cc payments and severe lack of income at that time, I was on a hiding to nothing. The smaller debts I felt I could manage. But this one's not going to go away. I don't understand the Court system and have been kicking myself hard since I learnt that I should have contacted the Court myself. I truly believed that they would contact me had Drydens not responded within the 28 days.
  11. Work's machine will definitely work. I do have a pdf button on my home machine but nothing happens when I press it. It does, unfortunately, look like the agreement. Believe me Oleg, I have been having sleepless nights over this and no-one is giving themselves a harder time than me.
  12. I'm going to have to scan them at work tomorrow My home scanner just isn't allowing me to.
  13. This is the initial acknowledgement from the Court to my defence. I think I got confused over the first paragraph which suggests that the Court would inform me of what will happen. I checked mconline and, again, there's only an acknowledgement. I didn't realise the onus was on me to pursue it.
  14. Oh. I'd presumed the Court would do it. Very expense lesson. Thank you for your help though.
  15. Four months on I had dared to wonder what was happening, and yes, just had a sizeable envelope drop through the letterbox from Drydens, containing my signed agreement and copies of statements. I have been asked to respond to them with a repayment offer within 14 days or they will apply to the Court to remove the stay of execution. Um, I'm not sure what to do. They are well outside their 14 days, but they now have supporting evidence. I really would appreciate your advice.
  16. Hello Andy, thank you for replying. I waited up for you-I didn't realise what a night owl you are! You help is very much appreciated-I didn't realise I could submit the actual claim online too. Think that comes from being a dinasour - everything's done on paper and signed! I look forward to hearing from you-in the meantime I'll try not to worry toooooo much
  17. Whether it is the S.78 Letter Request date, or the Signed For date, the 12+2 date has now come and gone (though my luck says it will turn up tomorrow). Anyway, I really do need some help as I don't know what to do next-33 days is up on Monday :| I also presume that, in order to get any response to the Court by Monday I'm going to have to send it by Registered Post, which would mean sending it Saturday for Monday, as if I send it tomorrow there's unlikely to be anyone there on Saturday to sign for it?
  18. Paragraph 1 is accepted that I have had financial dealings with Lloyds in the past I am not aware or ever been informed of any legal assignment of this account number to the claimant. (Is this true, as I have letters stating that the debt has been sold on, though obviously I'm not admitting this) Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach. (Again, I have letters and statements showing default) Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant and the Claimant is put to strict proof to: (i) Show how the Defendant has reached the amount claimed for. (ii) Show the APR and interesticon used to calculate the amount claimed for. On receipt of the claim form the Defendant sent a Notice served under Section 78 of the CCA1974, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was signed for by the claimants solicitors on 04/11/2013. The claimant has yet to comply. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show Notice served under Sections 76(1) and 98(1) of the CCA1974 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. Until such time the Claimant can comply with my request for a copy of the credit card agreement/Notice served under Sections 78 and of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974 By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief Rgds Thanks Andy, and apologies for getting panicky but this form has to be in on Monday. This doesn't then leave me with any time, should the s78 request be satisfied to then make an offer of payment, get it agreed and then organise for my M-I-L to withdraw the funds to then send on. I'm trying to take one step at a time, but it's not easy.
  19. Shoot! I think I'm done. In panic mode now and therefore completely confused. The link you referred me to shows that they've submitted CPR31.14 requests, I've not!! What does that mean for me?!?!? The debt they are chasing me for is for a Halifax account, so in the opening sentence it says "Paragraph 1 is accepted that I have had financial dealings with Lloyds in the past", so strictly speaking that is untrue, as I've not dealt with Lloyds in this matter, if you get what I mean. But probably biggest mistake of all is, I haven't written to their solicitors at any time since I received the Claim Form, just Capquest for the s.78. I shall draft the letter and post here anyway.
  20. ""1. The claim is for the sum of £X,XXX,XX in respect of monies owing by the defendant on a credit agreement held by the defendant with Lloyds Bank Group under account number *****, upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between Lloyds Banking Group and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on.........""
  21. Okay, starting to panic now. Didn't appreciate how close the timeframe would be. Summons dated 23/10/13 - 28 + 5 takes it to Monday 25/10/13. S78 request dated 31/10/13, signed for 04/11/13. 12+2 days is imminent. Nothing from Capquest. I only have until Monday, but I don't know what is now expected of me!! I could wait until Friday 22/10/13 if the 12+2 takes me to that date, but it leaves me no time to do anything (and I don't know what!) else! I need my hand holding and guided through please! :-/
  22. I have submitted the section 78 request, which CapQuest should have received, and I have registered with MCOL and acknowledged service. I feel very nervous
  23. Phew! Found it! Fallen down the back of the drawer! I shall submit a Section 78 request. Another silly question - when I fill out the Claim Form, am I admitting to part of the claim or disagreeing in which case on what grounds am I disagreeing, and do I have the option to change my mind? Surely if I agree with it I have to pay all of it, which means I can't make a f&f offer to the Court if I get nowhere with the Claimant prior to the Court date. I don't know what to do.
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