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Everything posted by Andyorch

  1. Edited ...I would run with that now and submit it. Good work DX Andy
  2. What is a Statutory Moratorium? - Advice Scotland WWW.ADVICESCOTLAND.COM A Statutory Moratorium provides someone 6 months legal protection if they are worried Sheriff Officers will act against them.
  3. In practice, an earnings arrestment would be served by Sheriff Officers on the debtor’s employer. It can only be served within 12 weeks of a debt advice and information package being provided to the debtor. A Charge for Payment must also have been served on the debtor in advance and at least 14 days must have elapsed since service of the same. Once the earnings arrestment has been successfully served, the debtor’s employer is under an obligation to comply, failing which, the employer can be held liable for the debt. A debtor can challenge the validity an earnings arrestment by application to the relevant Sheriff Court. If the Court is satisfied that an earnings arrestment is invalid or has ceased to have effect it can make an order declaring that to be the case and also make any consequential order as necessary. The Court also has the power to determine any dispute between the debtor, creditor or the employer and make orders in relation to the same, including: the reimbursement of any payment made in the operation of the arrestment which ought not to have been made; or the payment of any sum which ought to have been paid in the operation of the arrestment but which has not been paid. https://www.lindsays.co.uk/services/for-business/arrestments
  4. Costs under CPR 27.14 (2) g are by way of summary assessment and not really applicable...otherwise any costs (out of pocket) are fixed costs within Small Claims Track apart from 27.14 . ( 2 ) d (d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing; Andy
  5. Have they got a court judgment (Decree) in their favor against you ? or do you have any previous decrees with other creditors ( Conjoined Arrestment Order )? If not its simply a threat o gram...as they cant issue an Earnings Arrestment. Andy
  6. Yes you can submit it although it would have been better to raise the anomalies in the actual debt out standing...but that can be introduced at a later stage in your statement should they wish to proceed that far. I would advise you get a DSAR off ASAP in the meantime to BC so you can get the correct information re balance payments moving forward. With regards to removing paragraph 2 complying with PAP does not only involve sending out a Letter of Claim did they comply to your requests for further information in full ? within the 60 days ? If not I would advise you you reinstate that paragraph and edit it to read same. Andy
  7. Not really you cant cross examine a witness anyway in SCT with or without hearsay notice.
  8. Notice must be served if any statement refers to hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. Andy
  9. Okay so £4844. outstanding at the time of default and you have paid back by payment plan you estimate £ 2820.They claim you still owe £3957.34 but in reality you owe £2024 ?
  10. Who did you make payments to up until ceasing a couple year's ago ?
  11. Then it wont be removed.....court claims and default markers have no connection...the marker remains until its 6 year anniversary.
  12. If you can...but time is short and I bet if you reconcile the payments and amount outstanding that's it not the correct amount outstanding.
  13. I've added a couple of paragraphs to the beginning...can you confirm that the DN was dated and served in 25/02/2010 ? Do you know the original balance as per the DN and what you have paid since 2010...is the amount claimed on the claim form correct ? Andy. .
  14. Only if they make an application to lift the stay with fee...they had 28 days to respond to your defence otherwise its auto stayed. Nicurro it would help if you read a few similar threads you would already know this information and process.
  15. You wont hear anything or be offered mediation until the claimant informs the court they wish to proceed...then you will receive a Directions Questionnaire N180 to file and serve.....then you will be informed of mediation and further directions. The claim is now stayed if the last entry is defence received its passed the 28 days for the claimant to respond. .
  16. Check the status of the claim on MCOL...see what it states after defence submitted.
  17. So your deferment made Feb 2011, which lasts for 12 months...did you make any further deferments up until the default notice dated 13th Oct 2016 ?
  18. Wait until DX pops in and he can clarify why its statute barred....although I agree with the above claimant's stance that it cant be although I assume they stating you didn't defer is a myth as you maintain your last deferment was dated Feb 2011.
  19. You state its in your brothers name only so no joint mortgage, but she will naturally inherit the property so best to speak to the mortgage provider and see what options available to remortgage transfer etc....if there is insurance then the mortgage will be settled.
  20. That equates to 11 years and 7 months ...the limitation period has not been extended if the breach or deferment was dated February 2011. Default Notice issued 13/10/2016...its within the 6 years and the claim was issued 08/03/2017...its all within 6 years ?
  21. Normally their is a requirement/insistence to take some kind of insurance with the mortgage..check that out first.
  22. Have you checked if it was a joint mortgage ?
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