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About manchestman

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  1. Obviously not the answer I wanted, but thanks for your precise response and you were spot on with your estimate of my first mortgage too. How i wish I had just moved house and got a new mortgage at the time! oh well ... at least I know my options now, and they are limited and drastic as staying put isnt an option. The barmy thing is that it will cost the DWP more in housing benefit when I get somewhere to rent, and my daughter has now decided she has to leave me and live with her boyfriend in order to save money because she cant afford what I'm now asking off her. Anyway, I appreciate the
  2. Hi, I did post in MSE but replies didnt seem to be too helpful so far. My question is about my Income Support award of £2.10 per week that DWP is basing on my original mortgage. I also receive Incapacity Benefit. Can I successfully appeal this decision on the grounds it should be based on my remortgage of January 2008 and on my present payments or am I completely doomed? I am sorry if I seem to waffle on and also if I have posted in the wrong place. I am unable to work and I am long term physically and mentally ill and have received incapacity benefit since June 2008. I live alone with
  3. HSBC is absolutely right. You are requesting a point of information, not proof or evidence. You can simply write and ask if they do in fact hold the original agreement. If they threaten you with court action then you can use the much more agreeable CPR to see if they do hold the original docs. Some very useful threads here: http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage http://www.consumeractiongroup.co.uk/forum/showthread.php?173201-why-you-shouldnt-use-section-77-78-CCA-1974-if-you-want-the-signed-
  4. Doubt it will ever happen - but make sure you know where the 'on' switch is for your voice recorder!
  5. Hi Rob, I'm still in almost exactly same boat as you after Restons/HFC discontinued half an hour into the second summary judgement hearing, except my sols are Buchanan Clark and Wells at the moment (about the 5th change so far!). I actually feel quite sorry for buchanan because they "have a very limited time scale in which to resolve the matter given the age and value ... " and for the umpteenth time, I should expect a home visit to assess my circumstances blah blah ... Actually, I was quite impressed with the firm and the suppost they have on offer as they "are ready and able to
  6. Hi Dizzy, life can often feel desperately unfair and my heart goes out to you. However, as Andy says, unless you feel the adjournment could help you in your personal life, then they have had loads of time already to assess the 'complexities' of the case. Having to deal with this and finding it hard to concentrate could be a double edged sword and may actually help just a little to ease your mind off your little man for a few odd moments. I know it won't be for everyone but when I was 'swotting' for my court case and I found I had very large threads to negotiate through, I went to 't
  7. Hi Whata, yes, HFC discontinued in my case too because their docs were so obviously incorrect (fraudulent even?), though they certainly put me through the grist mill first! As regards advice as to what to do, probably best to listen to Citizen - I'm just too laid back and lazy to bother, knowing they can't touch me and my credit files are shot to pieces any way!
  8. I wouldn't worry too much about it. Seems normal practice and same thing has happened after HFC discontinued claim against me. It seems to have moved from one debt collector to another. Because they know the score, I don't waste my time in responding to any of them and simply file them all away (together with envelopes and date received). Extremely unlikely they would ever try to seek court permission to set aside the discontinuance - see link provided in previous post. You just have to remember even though they didn't proceed with the claim, neither did you win the case so the' debt' is
  9. Hi Dizzy and so very sorry for your illness. I can offer no concrete advice and only hope that Andy, GH or someone with the knowledge and experience will be along shortly to help. What I do know is that when you receive a WS or defence like this that refutes everything you have said or know and also seems to prove it too, is utter nonsense and is meant to scare you to death - it initially succeeded in my own case until I later realised most of what they said was just hearsay and twaddle! This is completely my own personal opinion you understand? But I am sure your 'agreement'
  10. Hi I usually use www.bailii.org to find any case law. I sometimes find their search engine a little difficult so you might want to google the case but look for bailii in results. Your skeleton is not strictly necessary so you will impress the judge by being very prepared. You could simply hand a copy to the other side when they reach court and that will surfice. I wish you a real lot of luck as you have been so hard done to. Practise everything you wan tto say again and again and make sure any references are easy to find and to hand by using 'tab's or whatever works best for you.
  11. My mistake about costs, and just shows I am not experienced enough to be blindly relied upon without your own clarification. The bit i meant that was pertinent to my own case, and which you should maybe write a sentence or two about your own instead of mine is as follows Also, although I am not very experienced, I do feel your own draft order is far too wordy and unweildy and therefore I would use the one I have left in at the bottom of the AQ. It is succinct and clear. As to time orders, I have no idea whatsoever how they work, but maybe Elsa might help? (Did you thank her earlier posts
  12. Absolutely, Dizzy 8-) All I meant was 'don't let them grind you down'! and, it is because of the lack of agreement that I think, just as in my case, they may withdraw before entering the court room.
  13. see if any of the following helps. Don't forget Undercover elsa's advice regarding time orders and that there will not have been a written agreement as such because it is for a bank account. In my own opinion, the best solution for you is an improved agreement regarding payments. If you continue on the 'court' route, you may end up with several thousands of pounds costs on top of your debt, so think carefully and look to 'time orders'.
  14. Frustrating? Absolutely! But don't let yourself get cut up over it - I know how frustrating and downright awkward Restons can be. However, having said that, do as you have done and just move on to the next step so your own mind is not consumed with it all. You still have a war to win, and my own gut feeling is that they will not go the full mile. It's just insane to commit to a trial with the costs involved for such a relatively small sum. Whatever you may think about them, they are a business and just like an insurance company they work on statistics and probability, and unless they have a
  15. Well done, Steve. I know the feeling about restons pre empting your moves which is why i also misled on my own thread a few times. God, it feels good to beat those xxxx's
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