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palomino

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Everything posted by palomino

  1. As has been mentioned above there were a number of such queries about Lloyds on here some time ago. The general consensus was that this was 'A Good Thing'. Any and all previous debts to them are being rolled up into what is effectively a new loan - for which there currently no arrears and therefore no possibility of defaults at this stage. Points to watch out for - 1. Lloyds claim there is only one change to their agreement. It might be worth checking this out in detail - and also checking that the resulting agreement is compliant. 2. Check that the interest rate doesn't jump up lot. I don't think this will happen but it is always wise to double-check it. 3. Check out what happens with any default already registered with the credit reference agencies. Maybe Lloyds will agree to them being removed. 4. Check out that Lloyds will agree to payment terms that you can manage. From my point of view Lloyds are behaving reasonably in this matter in allowing you a fresh start. I know everyone would like to see their existing debts wiped from the slate but that is a bit too much to expect.
  2. There seems to be a little confusion here about when accounts 'go into dispute'. If you request information (eg. a copy of a credit agreement) then that is all you are doing. If the recipient fails to comply with your request then that is all it is - a failure. If you want to dispute the matter on the basis of that failure then that is a separate step that you must take yourself. It is not automatic.
  3. Heartily agree! You need to be very well aware of what you require from a solicitor - and what they will charge for it.
  4. The applicant for the charging order (in this case the creditor) should supply you with a certificate which you can then forward to the Land Registry. In some cases the creditor will send this to the Land Registry themselves but this is uncommon so you should formally request it from creditor. I would contact the Land Registry to get the finer detail. http://www.landregistry.gov.uk You should also obtain a copy of the Land Registry entry for your property - it only costs a few quid - which will have details of the charging order and what is required before the property can be disposed of.
  5. A Statutory Demand is a legally required preliminary to being able to petition for your bankruptcy. You have 18 days from receipt to have it set aside, otherwise the creditor can proceeed with such a petition. You must not ignore it. You can get much more detailed help over in the 'Formal Solutions ...' forum here Formal Solutions: Bankruptcy, Administration Orders and IVAs - The Consumer Forums
  6. In the letter from Black Horse included in post #8 there are a couple of points that need expanding. 1. Black Horse is quite correct that there is no legal requirement to ensure default notices are [actually] delivered. However without obtaining proof of delivery then how can anyone prove that you received it? More importantly what is the point of something where there is no obligation to ensure it is delivered - if it doesn't have to be delivered then why is there an obligation to issue it in the first place? 2. If mail is not delivered then it is up to the sender to complain to Royal Mail, not the supposed recipient. I would write to Black Horse requesting them to lodge such a formal complaint with RM.
  7. Unfortunately you can't always blaim the recipient. Royal Mail's record is pretty poor. Only recently there was something in the press about the many millions of letters that are not delivered each year. Their complaints service is also pretty abysmal - I lodged a complaint about some letters not being recorded as delivered even though they were sent by Recorded Delivery. Their written reply was that I should use Recorded Delivery [anyone have a smiley for screams of extreme frustration ...].
  8. I think you may be being a little harsh on your solicitor. If another party doesn't reply to his correspondence then it isn't his fault. Additionally, what did you instruct him to do? If it was simply to write a letter then he did that, billed you for it and you paid him. Was the letter itself unsatisfactory or inadequate in some way? In your case you have a copy of a letter written by your solicitor addressing the problem. If this matters proceeds to court you have a very strong position. BTW I have an intense dislike of solicitors as a whole and regard them as a necessary evil to be used as a last resort. However I do know two who I would trust implicitly to act primarily on my interests rather than their own.
  9. If you do contact the Information Commissioner's office then be aware that they may send a copy of your correspondence to Arrow. If your communication with ICO contains your present address then Arrow will have your address anyway. Caught between the devil and the deep blue sea ...
  10. Who needs a link Just shuffle your own words around and you will have it nicely. It also has the advantage of being an original letter rather than 'a template copied off the internet'.
  11. Freeview and Freesat have additional, paid-for, channels. Setanta's channels were paid-for (well most of them). So it isn't necessarily Sky.
  12. You say a judgment was made [in 2000]. That will have ordered your partner to pay a certain sum to the claimant. From the sounds of it this was by way of a monthly payment of £1. Did the judgment order an payments to be made to Intrum Justicia? Did the judgment order any payments to be made to HL Collections? Do you have anything in writing from the original claimant saying you should be paying someone else. If you do then keep it very safe. You mention 'they' sent you a letter advising this - are 'they' the original claimant or Intrum Justicia? The issue of a credit agreement is irrelevant once a judgment has been made. It is this judgment that is being enforced, not the original debt (if you see what I mean). If you wish to dispute the matter then the court is who you have to dispute it with. Sadly, after this length of time [9 - 10 years] and all the payments you have made, any attempt at this stage to dispute the matter will fail. The court will take the view that if you were going to dispute the matter you should have done so at the time or reasonably soon afterwards.
  13. Sorry to hear about your circumstances. There are several others here like your self. Ignore their requests to call them. Instead write to them explaining your circumstances and offering them £1/month. Send the first payment (postal order) with your letter and send the letter by recorded delivery. Every month after this send another £1 payment. Ensure you do this religiously. Then just ignore any correspondence they might send. Fredricksens/Bryan Carter might lodge a claim in the County Court but it won't get very far if you can show that you have been making regular payments - and that Freds have been making no attempt to resolve the matter. Should a judgment (CCJ) be granted then you will not be asked to pay more than you can afford (you will need to be able to prove your financial circumstances to the court). Stick with it. Come back here for advice and support - sometimes the latter can be just as important when you're out on your own.
  14. There is no reason why you also cannot apply for a charging order. In any case if the property is ever sold or otherwise disposed of then the value might have increased. It might be worth investigating the circumstances of the brother's charging order but for this you will need a good solicitor - it's a very niche area and I doubt there is any appropriate expertise here. But you can (and in my view, should) apply for your own charging order. Keeps everyone honest.
  15. The response to DSAR can legitimately take 40 days so this is outside your timeframe. Once a claim has been lodged the CPR route is the way to go.
  16. Is this a hypothetical case (lots of 'if's in there)? If the Statutory Demand was served on you did you apply to have it set aside? If not then it stands, and the claimant can now petition for your bankruptcy. If you did apply to have it set aside then on what grounds? Was the set aside application successful? If the 'DCA took you to court' was this a bankruptcy hearing or a County Court claim? One small point : a Staturory Demand is sent directly to the debtor by the creditor. The court is not involved - there is no concept of it being 'enforced by the judge'. If it has provably been delivered to you (served) then it exists and is valid.
  17. On the contrary, the court expects that the parties must make an effort to come to a settlement prior to any hearing. The claimant's solicitor is acting correctly in this respect, albeit on the instructions of the claimant.
  18. In that his contract of employment predates his IVA then I believe it would take precedence. Assuming of course there was no alteration to the employment contract at the time of the IVA. From what you describe he is trying to have his debt to the company included in the IVA. While this might be correct for that part of it incurred prior to the IVA it certainly isn't for the part incurred afterwards. I would make the deductions from his final pay and then let him argue the toss. He is almost certainly not going to get very far. You do not have to agree to anything much less his payment plan. However it might be the best way to go in your circumstances - that's for you to judge. I hope you have reclaimed his company credit card!
  19. From what you describe you are well in the clear. If there had been a problem then the OR would have dealt with this at the time. You can safely refer the solicitor to the OR and wash your hands of the matter (although the solicitor may be persistent). You haven't said on what basis the solicitor is asking for money. Are you able to do so?
  20. What reason is the solicitor giving for demanding the money? He can't just front up and say 'give me some money'. The distribution of the proceeds of the endowment insurance should have been declared to the Official Receiver. Was it? The OR will always ask about disposals of large sums of money in the years preceeding the bankruptcy. The reason is that such disposals can be interpreted as preferring one or more creditors over others - which is not permissible and can lead to some difficulties. In bankruptcy all creditors should receive a pro rata share of any monies paid out. In the circumstances you have described I would expect the OR would not be bothered by the disposal your mother has made. The best course of action is to contact the OR who dealt with your mother's case and ask. Returning to the solicitor, the reason you are being asked to pay money to him is that your mother may not have told the OR about the disposal and he may therefore believe the money was unlawfully distributed. Hence the first question above. Firstly I would try to ascertain why the solicitor is asking for this money. Secondly I would contact the Official Receiver and ask them to deal with this. Even if your mother didn't tell the OR at the time then she should do so now. You might get into a bit of bother but you will get into much more bother by continuing to withhold the information. The OR has a good reputation for fairness and, because of the powers an OR has, can easily deal with the solicitor. But he doesn't like being mislead. On the other hand if your mother has told the OR at the time of the bankruptcy then this will have been taken into account. You're in the clear and can simply refer the solicitor to the OR.
  21. Not sure about this. It sounds like victimisation. Perhaps you should check it out with the site team.
  22. My cynical view is that the govt will then simply sell the full version.
  23. This is misleading - such agreements are credit agreements whether the credit is made avalable with a credit card or otherwise. There is no mileage at all in pursuing this line of thought.
  24. Should add that telephone agreements (and other things like utility bills) are not credit agreements and are not covered by the Consumer Credit Act. Orange is correct in this respect.
  25. Yes, I contacted my MP about such a situation. He didn't want to know - treated me like dog dirt on the bottom of his shoe. He's standing down at the next election.
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