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palomino

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Everything posted by palomino

  1. If the DCA is a limited company then there is another tack to try. I would report the matter to Companies House with the suggestion that income isn't being properly recorded and the accounts might therefore be misstated. Our friends at HMRC will naturally want to investigate any instances of tax evasion, so you might like to contact their helpline as well.
  2. This isn't as simple as it sounds - although it is probably still suspect. Fredrickson International is one of a group of linked companies. So is Fredpay. Hence there is, primie face, a distinct 'gap' between them. Might be worth investigating this pile of spaghetti.
  3. Are your old and current addresses linked on your credit reference file?
  4. As has been pointed out you will need the court's permission to speak on behalf of another person. I understand there is usually no problem with this so your sister should make this request when the case starts. Maybe the court usher needs to know as well.
  5. To be pedantic you didn't actually have a battle because BC chickened out. But I'm not intending to be churlish - all your preparatory work paid off very well indeed and you deserve lots of kudos for that.
  6. This sounds like something Bryan Carter would do. If it wasn't him then perhaps we should delete this thread so he doesn't get ideas ...
  7. What about before that? Once a debt is statute-barred then it can't become un-barred.
  8. What you want to do I guess is unwind everything - - have the charging order revoked - have the CCJ set aside I would suggest you apply for a set aside on the grounds that you believe there is no agreement, or if there is one, that is non-compliant. As a first step I would make a request for a copy of that agreement using the Civil Procedure Rules (CPR) to do so. Bear in mind that if the original CCJ was made some time ago you will have to explain to the judge why you didn't apply as soon as possible.
  9. I believe not. However if you want to play a recording then it is entirely up to you to provide all the necessary equipment.
  10. Oh dear, you have our sympathy. It sounds as though you've had a pretty rotten deal. A voluntary charge is the same as a charging order but without the legal hassle. It saves the creditor some money as well. In effect you are exchanging a high-interest unsecured loan for a high-interest secured loan. As you can imagine there isn't much benefit in it for you. You say you have two debts and also a charging order, and that you are concerned that one of the creditors will seek a CCJ and a charging order. Is the existing charging order related to the other debt or is it for something else entirely? As for the mortgage : is your house in negative equity? There are a lot of twists and turns on this matter so we'll try and eliminate the irrelevant bits first. Essentially, though, if you owe more on the house than it's worth (taking into account both the mortgage and all other debts secured on it) then your daughter doesn't have any equity at all. Sad but true. Charging orders work like this : a creditor will obtain a CCJ against the debtor. If the debtor has property of any sort registered with the Land Registry (not just their own residence) they can then apply for a charging order on that property. The Land Registry will not allow the title of that property to be transferred until the person obtaining the charging order has provided them with a certificate to say that the order has been satisfied - hence you can't sell or otherwise dispose of the property while the order is in place. What you do to satisfy the order is between you and the creditor - usually it is paying off the debt and all the associated legal costs (the creditor has you completely over a barrell at this point). Once you have done that then you can dispose of the property. Hence you are quite right to be concerned about this matter. Feel free to keep asking questions - there are many people here who can help you.
  11. According to some new(-ish) legislation such organisations are now required to send you an annual statement. Sorry I can't quote the whys and wherefores. It would appear that you have received your annual statement. Almost certainly computer-generated (untouched by human hands ...) and, again, almost certainly nothing to do with your request,
  12. This might be what you are thinking of - - from the Interpretation Act 1978
  13. I've had several emails about this. They ended up in the, err, [problem] folder.
  14. I tried the same but didn't get that result at all. AIC has a Glasgow office but their Registered office is in Basingstoke. Money Managers' website gives their registered office as being in Derbyshire. There does not seem to be any connection between the two. Checking AIC's website shows that it is a Canadian company with operations in the US and UK. I wonder if that explains their aggressive approach to debt collecting.
  15. The 12 days is 12 working days - it excludes weekends and bank and public holidays. The '+2' is to allow for postage at each end. If you send your requests by recorded delivery then it becomes '+1' from the date your request was signed for.
  16. Before you can even consider paying anything your need - - proof that the other car was damaged, and if so, then the extent of the damage - proof of any injury - proof that you are liable to pay the amount claimed As pointed out above you need to be aware that dodgy reports can be 'bought'.
  17. You won't get a deed of assignment - that is an agreement/contract between the buyer and the seller of an asset (in this case your debt). What you should get is a notice of assignment.
  18. If the court says to do it then you should do it. You can also add that the claimant has assigned the debt to another party and now has no cause to bring the claim - your defence is that the claim is not valid as the debt does not 'belong' to the claimant. These people are really incompetent.
  19. Smudgecoco, Please note that the advice here is not from legally or financially qualified professionals. The advice we can give - and we are more than happy to give it - is based on our personal experiences. In its own way this is probably just as useful to you. The general consensus is that bankruptcy means a huge weight disappears off your shoulders, and you can then get on with your life free of the anxiety and worry that comes with being in debt. There are of course some restrictions on your financial activities but you can cope with these. To be honest I cannot recall anyone here saying that they regretted being declared bankrupt.
  20. HMRC threatened several times to make me bankrupt. They must have eventually realised that, in my case, it wouldn't achieve anything at all so they didn't do it. I suppose they were being 'responsible' in not wasting taxpayer funds. I have asked a number of creditors - as well as HMRC - to petition for my bankruptcy. All have refused. I guess it's when I say "Please will you make me bankrupt? I can't afford it myself and no-one else will do it" they realise I'm a lost cause... Anyway, to get back on topic, any assets you have are apportioned pro rata to all creditors. In your case HMRC might get something back but it definitely won't be all they are looking for. It might even be nothing at all. However they will have had to fork out around £1600 for the privilege of petitioning for your bankruptcy in the first place. On the other hand they have a statutory obligation to recover monies due (or attempt to do so) so they might just go ahead. As a general comment to those in your (and my) position : the banks seem to think that they can cause a recession and then blame it on you. Not an ounce of contrition or remorse. Instead they adopt a hostile and agressive approach to collecting on debts which, in my case, has proved wholly counter-productive.
  21. 2. A solicitor is unlikely to write a letter saying he's given free advice (solicitors are like that). You'll have to pay for the advice I guess. But you could ask... Even better is to go to your local CAB or ring National Debtline. There might be other places local to you - look up your local phone directory, yellow pages, Thompsons or whatever. Also browse yell.com and other such sites.
  22. ... yes, here it is - http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/163118-doberman-bites-bailiff-arse.html#post1750860 Enjoy.
  23. About 15 months ago there was a report about just this situation. It was so funny that I still burst into laughter just thinking about it. Must see if I can find that thread ...
  24. ... makes your eyes water. An assignation is a clandestine meeting, usually with sexual intent. I think the word you want is 'assignment'.
  25. I can't say definitely as it hasn't happened to me but I believe that DLA is not included in any bankruptcy - or any other matter where income is assessed. More importantly your wife's income from whatever source has no bearing on your bankruptcy. Bankruptcies are personal.
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