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purple blue

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Posts posted by purple blue

  1. Hi my husband was in a similar situation, but barclays applied to have a set a side but courts said no, they had paid us assuming that they would be granted it, but thye were not. We wrote to courts to say we had been paid in full.

     

    The courts have set a date for the default hearing, now barclays want us to write a letter saying that we don't want to go ahead with the default.

     

    But because they didn't acknowledge our ammended claim this is why the courts have given them a default I think.

     

    It will only cost them £65 to apply for a set a side but not neccesarily gonna get it.

    Did you ask them in your original letter remove any defaults you have from them, and have they said they will remove them. I think not.

  2. I sent the courts a letter that I had been paid in full, and it is the court bundle that they have sent to me also I have had to sign a letter written by barclays solicitors stating that they have paid me. When I spoke to barclays they said they know I have done that,

     

    but it is a different letter they need me to write stating that I accept the set a side, because they have asked and the courts still wants it to go to trial. But I thought it would be for the judge to decide.

    I will send another copy of the letter anyway the one where they have paid me in full.

     

    The begining of their letter says.

    The hearing of the defendant's application for the default judgement entered on 27 november 2006 be set a side pursuant to CPR r13.2 will take place 19th december.

     

    They wanted it set a side because I altered my claim so they acknowledged the first claim, but thought (they say) that they didn't have to acknowledge the altered claim even though it is counted as a new claim.

  3. Thanks guys,

    just one question, in the conversation my husband told them he would write the letter does that matter.

     

    I personally don't think we should write a letter for them, because when we initially started the recovery proceedings, they stopped all our direct debits and standing orders coming out and told us that it was because we were over drawn even thought they knew that his wages went in there every month and cleared the over draft. So we couldn't pay our motgages and other bills.

  4. Hi my Husband had a succesful claim back in febuary because barclays defaulted on the claim didn't send back the acknowledgement form. WHEN HE RECIEVED THE MONEY BACK we sent a letter to the courts be for the court date to say they had paid us in full. at the time barclays had asked the court for a set a side and barclays told us that the courts had agreed with it, but this was before any court hearing. we hadn't got this in writing.

     

    Now we have got a court date for december for the set a side, barclays just phoned us asking/begging us to write a letter to the courts to say that we agree to the set a side because the courts stoke it out/they won't give them one and they don't want a default judgement entered. Well it has been already.

     

    What do you think we should do.

  5. HI i have only had a short aqainteance with link via Mbna. They wrote to me last year and I stated that i was still waiting for mbna to confirm that they were going to credit my account for their unlawfull charges. I havent heard anything since from them or mbna. If they keep persisting after this stand firm and throw everythingyou have at them.

  6. Hi just pay the builders merchants and ignore the debt collectors they can not force you to pay them. A friend of mind had a similar situation but the debt was bank charges only. Their solicitors called and called and called freigtening court action but they know that it wouldnt stand up in court because they're unlawfull anyway. Slowly they called less and less. They know there are people out there who would just pay up. Just dont be one of them.

    • Haha 1
  7. Yes I have victory over Direct legal collections. After putting a charging order on my home they said they would accept any offer I gave them, I offered them £2.00 month. Next thing you know they got their solicitors to write to me that they are going to issue a warrant of execution. I forward letters to both direct legal and their solicitors aplins. Questioning their practices and asked them for their complaints procedure. Then I recieved a payment book to pay them £2.00 a month.

     

    I say to you all do not be affraid to challenge organisations. If you find people are acting unfair asked for their complaints procedure then if you have no joy take action. I am still thinking of taking action because their practices are really underhanded.

  8. Yes i went to CAB and said i had a debt problem but a legal one she gave me a list of soilicitors to contact. I am fgoing to write to the law society to see if they can steer me in the right direction and the financial ombudsman if they can do the same. I have already written to both their solicitors and DLC and asked them for their complaints procedure and gave them 7 days to reply and I'm going to ask for my signed credit agreement then Im going after city bank for the charges.

  9. yes i totally agree my fault when i discovered they stop collecting payments i should have just continued paying. They r nasty. I have also just read that the government is reorming the CO act to make it easier for these people to put a CO on peoples hses. To stop people escaping through the loophole. I did defend the CCj but they refused payments so technically i never really got one.

     

    Thanks for your advice guys with all my debtors i have to deal with these r the worse. I have to put through my charges with city bank at least get them credited to my account. Its only small but it is something. C how they like it?:)

  10. Pone1 Yes I recevied the interim then the final order. I'm stumped as to how can I have a ccj if i was not offered one. But I have read that if payments seem tooo small they can still go for a CO.

     

    Lan I havent sent anypayments because of their refusal to accept any offer I give them. I was paying £15 about a year ago which they accepted, then out of the blue payments were stopped. They never informed me that they stopped them then months later demanded £109 a month. I said I couldnt afford it sent financial statement and explained situation and its been down hill from then.

    Im going to be asking for their solicitors and DLC complaints procedure and then contacting the law society and the financial ombudsman and take things from there. What i cant understand is that i have always corresponded with them. The bullying tactics is getting very tiring. If they try and force a sale I will be definaetly going to court. I dint slave away saving my pennies to buy my flat then to have to sell it for a mere £2000 debt.

  11. Lan 01 Yes the land registry did get in contact with me. My real issue is also they are trying to get baillifs to get the full amount. What I dont understand is wouldnt they have gone for the baillif option first if all fails then apply for the charging order as the very last resort?

  12. . They refused my offer of payment and took me to court. I filled out my financial statements and another offer of payment. They still refused and it was left like that. then they issued a charging order and won. They said that if they succeed with a CO they will accept any rate I offered. I made an offer and then they got there solicitors to issue a warrant of execution.

  13. I told the court what I could afford. DLC did not accept it. neither did the judge say I have to pay all the money at once. It was left open. I'm going to have to tripple check but I am sure. Even with the warrant they want to issue. they never even responded to me whether or not they are going to accept it. They didnt even make an offer.

    regards PB

  14. Thanks Stormo Direct Legal colletions are debt collectors for city bank credit card. I am ashamed to say I didnt go to court to defend myself and i didnt ask for the original copy of the agreement.

    As for the ccj. The offer I made they did not accept it and the court did not file on my side. i gave them my financial statement and showed I was on benefits and all my outgoings. I have no CCj with them becasue they never agreed to my offersso it went straight to court to put an order on my house. I have read about that, but i assumed that because they turned down my offer it made it invalid.

    Thanks

  15. Can anyone help me. I have been in constant correspondence with Direct Legal Collections for a few months which ends up they taking me to court. I can quite clearly say they are bullies. They have recently put a charging order on my home for a mere £2642.00. ( Bearing in mind I have made offeres of payments) Prior to this they said if they obtain the order they will accept any rate I offered. So I made them an offer. Next thing I know I get a letter from solicitors going to issue a warrant of execution. DLC didnt even replied to say whether or not they will accept the offer.

     

    My plan is to make a complaint to the ombudsman. Does anyone have any other advice.

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