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palomino

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Everything posted by palomino

  1. I've written a few letters like that. Doesn't achieve very much but it makes you feel better. It is odd that a proportion of the population (solicitors, accountants, judges etc.) seem unable to grasp the fact that if you don't have any money you can't pay anything.
  2. To answer your question it isn't a company it is a solicitor. And, yes, he is registered under that name with the Law Society.
  3. 1. I believe yes. But others may be better informed. 2. Not only do you have the right to ask for proof you have a duty to do so. If the repayment was made without proof then the other legatees might have a claim against you as administrator. 3. Lodge a formal complaint with M&S, and follow it up very prompty with a complaint to the FOS if M&S do not respond.
  4. These statements are now required to be sent. They are printed off automatically by a computer. File it for future reference and then go back to watching telly or whatever you do to relax.
  5. Only if they have no intention of proceeding with a bankruptcy petition.
  6. That's the gist of it. However the debt is still owed.
  7. Ray, I think you will find that ethics play little part in this business. In my wife's case a major high street bank has - - breached the Consumer Credit Act - breached the Data Protection Act - breached the Administration of Justice Act - regard compliance with the Protection from Harassment Act as 'goodwill' - breached the provisions of the OFT's Guidance on Debt Collection - breached the Banking Code - lied in writing on several occasions [think I've missed something] When this was pointed out to them their attitude was one of sublime indifference. The bank has caused my wife a considerable amount of grief and stress. She tried to hide this from me but I found out eventually. I then spent some time searching the internet to find out how to handle this. It transpired that the bank had no agreement, and is not getting paid. If they had been civil and had not refused every single offer my wife made they would have been receiving monthly payments of £200 for more than a year. Instead they are receiving nothing. Their brain is so addled that even when my wife asked for a bank account number into which she could make payments they automatically refused. Because of their stupidity, aggression, harassment and hostility they will receive nothing. Neither my wife or I feel in any way bad about this. We felt guilty for months last year while we trying to sort this out but we don't now. Ethics? What ethics?
  8. This is interesting. I received the same letter about 3 weeks ago, together with a payment card. In my case the claim number was given at the head of the letter. I knew about this case because BC tried a W of E on me in April last year. In any case BC had claimed for a small part of the debt but in his threatening letter he has stated the whole amount. Oddly enough I checked earlier today and so far he hasn't applied for the W of E. I spoke to Northampton CCBC and they said that any such an application would be checked against the judgment amount automatically. The payment card has a minimum payment amount of £5 - I tried unsuccessfully to make a payment of £1.
  9. Aah, you didn't mention the struck out bit earlier (or did I miss it?). If you were notified in writing then your home scot free, and you should follow DonkeyB's advice asap. However the any wasted costs would be paid by the claimant, not BC, becuase the claimant is the one lodging the claim against you. If you're still waiting for written confirmation then, until you receive such confirmation, the case is still 'live' - particularly if you incur further costs that might be chargeable to the claimant.
  10. I think I'm caught in the middle here .... the opponents rank lower than dog dirt. They certainly behave like it. H-E-L-P!
  11. I think this link has gone bananas - it goes to disneyland.info.
  12. Does this apply to business acounts or only domestic accounts?
  13. The fact that BC has withdrawn from the case doesn't mean the case has been discontinued. It is possible for the claimant to engage another solicitor or even take the case forward themselves (depends who it is I guess). Since you haven't heard anything in writing from the court you must work on the assumption that the case is still live and proceeding. I suggest applying for the case to be struck out, although I'm not knowledgible enough to be able to offer appropriate grounds. Has a date been set for the hearing? I would ensure you turn up prepared for the case to go ahead just in case the claimant is trying to ambush you.
  14. Intree, you have our sympathy - and many people agree with your views on the court system. Please try and be patient - this can be very difficult at times. Losing your rag is only playing into their hands.
  15. I'm afraid my MP is absolutely useless as far as these matters are concerned. Debtors rank somewhat lower than dog dirt.
  16. Actually you should keep it. Such paperwork can sometimes be useful. You should also contact the bailiff and tell him that the 'someone else' he is looking for is not you and you have no knowledge of that person. Actually putting this writing would be even better. If the bailiff turns up then refuse to let him inside your house. If he attempts to remove the vehicle then call the police to report a theft.
  17. At the time you stopped the d/d you should have written to them explaining your reasons for doing so. This should have been sent by recorded delivery. Yes, I know it's no more than an a***-covering exercise but in these circumstances it is necessary.
  18. If you kept the Post Office receipt then yes there is. You can ring up a telephone number (which I don't have to hand unfortunately) and ask. Your local PO will give you the number is no-one here beats them to it If you don't have the receipt then I think you're lost.
  19. Interesting point, but I'm not sure it is true. They claim to be funded by charity. Perhaps the charity is 'is funded by the finance and debt collecting industry', which would make it an arms length support. In any case I'm not aware of any instances where the CCCS has proved to be biased in favour of a creditor. Nor am I aware of CCCS refusing to help anyone, or giving wrong advice at the expense of a debtor and in favour of a creditor.
  20. If they police are unable to find the agent then you have little chance. I would lodge a claim at the 'last known' address. While it would cost a little money and probably not get your deposit back it would mean that the agent would have a tarnished credit record. You could also include the owner on the claim. Although the owner lives overseas the properties are in the UK. If you obtain judgment you could then apply for a charging order, and then force a sale of the property. There would be a lot of time involved. It would also cost a lot of money but this would be recoverable from the defendant. It might be worth checking that there are no other claims on the property - check out the land registry. A small fee (£3 when I did it) is payable. It is also worth checking this out with a solicitor. Most solicitors will give a 15 minute free consultation if you ask. One of our local firms even runs a free surgery on Tuesday evenings.
  21. You're probably thinking of a process server. These are not court officials but, like bailiffs, have a quasi official status. Not known (at least on here) for behaving improperly.
  22. Quick question : have you changed addresses in the recent past? If so, then this will explain the lack of any documents. Bryan Carter is well known for having documents sent to the 'last known' address. And then miraculously finding your current address after a default judgment has been obtained. Odious little man. If he was so keen on finding your current address why doesn't he do it before lodging the claim.
  23. You can find out what CCJs have been awarded against you at the Registry Trust - www.trustonline.org.uk. Unfortunately this costs a bit of money for each search. Bear in mind that each address counts as a different search. County court and High Court searches are also separate and separately chargeable. The information you get is a summary however it does have the case number and the name of the court in which the judgment was made. You can then ring the court involved and get the full details including a copy of the judgment itself.
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