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I've got no money

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I've got no money last won the day on July 20 2009

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About I've got no money

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  1. Late last year those nice people (touch of irony there) at BW Legal began to chase me, on behalf of my friends at Lowell, for what they claimed was outstanding charges from a mobile broadband account - I won't bore with the details. I asked, by e-mail, for lots of information - they didn't respond as I refused to speak to them. Then in January they issued a claim for just over £200 plus costs. I immediately made a faxed request for further information (no reply). As I couldn't be bothered with the hassle of drafting a defence I made a generous and without prejudice offer - on the basis of no admissions of anything (no reply) so I filed a properly argued IGNM five page defence. I also faxed it to BW and sent them a pdf of the fax by e-mail (no reply). I had the letter from the court telling me that if they claimant didn't do anything in 28 days that the claim would be stayed. Guess what nothing happened and the claimant did nothing. Then today I get a call from our heroes at BW Legal asking me what is happening on the claim??? Well...I was sort of waiting to hear from them Is it me or are they a tad annoying...
  2. Some courts are reluctant to strike out for breach of only one order. It might be an idea that you apply for an unless order (an order that unless a party does something their case is struck out). So I'd suggest the draft order says something like "The Claimant comply with the Order of [date of original order] in that the claimant shall within 7 days of the date of this order provide the Defendant with in default of which the claim shall be struck out and in any event the claimant shall pay within 14 days the claimants costs of and occasioned by this application [application fee plus your time at LIP rates)" I'm not clear whether you've got a counterclaim or not. I think it might help if you gave us a bit more info - what stage in the proceedings is this? I presume that you've had a claim and that you haven't filed a defence yet because you don't have enough info - but I could be wrong? Can you post a copy of the original order - suitably redacted.
  3. They've also offered me the cash direct - not to the Company who allegedly bought the agreement - is that right?
  4. Over the years I had a number of Egg loans and an Egg card. Canada Square contacted me and invited me to claim. I then made a claim to Canada Square for PPI from some Egg loans and Egg cards - they've just accepted the claim and made an offer of just under £4k - although they calculated the whole of the PPI (including interest) as just under £22k - they've deducted £4.5k for a previous rebate and over £13k for a previous successful claim. I have no recollection of having ever made a previous successful claim. They've also said that as the PPI also relates to Egg cards that I should contact Barclaycard. Anyone got any suggestions - cos at this point I don't have clue - I have made a DPA SAR to Canada Square and am waiting to receive the documents. The other complication is that the original Egg loans were defaulted and assigned BUT are now statute barred Anyone any thoughts about what I do next
  5. As I've said before I don't know much about bankruptcy - can I ask a question where the alleged debt is relatively small, as here, ln in view of the costs of bankruptcy proceedings is it likely that Lowell will actually bring them? Do we know if Lowell actually follow up their SD with bankruptcy petitions? Whilst I'd agree that you should try to set aside the latest SD - I don't know if you need to panic if you're not successful - as I understand it the SD lasts for 12 months - they're 3 months in already...
  6. That order says proof - so its either a witness statement saying personal service or the recorded delivery evidence. I'm not an expert on the insolvency rules (I know a bit more about assignments and county court procs) BUT is it possible to apply for an order that if they don't comply with the order of the DJ by a certain date that they are debarred from defending the SD set aside
  7. To be honest I can't see a Judge restoring a case in that situation - you could apply to strike it out but is it worth it - to all intents and purposes its gone away and of course the longer that the claimant leaves it then the harder it is to restore it...
  8. I think that you need to be clear about what you want and to make it straightforward. I think that you want:- 1. The current charges written off 2. The charges you have paid refunded - less the amount outstanding - £37 3. The court fees - £35 Personally I wouldn't claim interest on £37 - its not worth the hassle Their offer is to write off the £280 and to give you £20. That means they would be giving you £57 - i.e. the amount you owe them £37 plus £20 which I think is slightly less than the £72 you're saying you want. It would be easier to go back to them and, on a w/o prejudice basis, invite the to offer the £300 again or again w/o prej ask them to write off the balance and send you a cheque for £35 instead of £20 - personally I think its a lot of hassle for an extra £15
  9. I've drafted an SAR - can I just check if the EGG SARs are now dealt with by Barclays do DPA requests still go to Barclays Bank PLC Privacy & Data Protection Radbroke Hall Knutsford Cheshire WA16 9EU
  10. Found it - that's been bugging me all night. Have a look at Section 1 of the Recorded Delivery Service Act 1962 - it expressly provides that where registered post is stipulated by a statute that recorded delivery can be used instead - it is a clear "contrary intention" , as per S7 of the IA. "Recorded delivery service to be an alternative to registered post. (1)Any enactment which requires or authorises a document or other thing to be sent by registered post (whether or not it makes any other provision in relation thereto) shall have effect as if it required or, as the case may be, authorised that thing to be sent by registered post or the recorded delivery service; and any enactment which makes any other provision in relation to the sending of a document or other thing by registered post or to a thing so sent shall have effect as if it made the like provision in relation to the sending of that thing by the recorded delivery service or, as the case may be, to a thing sent by that service" If the Judge rules against you need to appeal.
  11. I wouldn't have thought that they'd like me much - the other egg account was worth about 8.5k - Egg issued and lost, Lowells then issued and then discontinued There was then the matter of another card with a 10k balance that the've written off as Lowell accept it's SB oh and one or two other bits and bobs. At this point I've told them the Egg account is SB and I've asked for a range of information if after thinking about it they come back to me and claim, in writing, that it's not - that's when I'm going to have to argue about this so called payment from 2007 - which I'm certain was never made - but I'm going to do the SAR to Barclays later today
  12. Not yet...they haven't done a letter of claim so far. Interestingly when I spoke to them they told me that the account (they're claiming just over £8k) wasn't statute barred because of an alleged payment in mid July 2007...
  13. I know - I've written to them made a request under the ss77/78 CCA for a true copy of the agreement - giving my current address, I've been engaged in e-mails - with my current address on with one of their debt collectors and I've e-mailed them direct - with my current address - requesting the assignment, pointing out that its' SB and asking for detailed calculations on the sums together with a legible signed copy agreement - so if they do go down the route of getting a default judgment at another address I've got an audit trail showing that they've got my correct address.
  14. I'm not sure.... I think it was a loan - I had an Egg Card and an Egg Loan. They issued proceeding on one (I think it was the card) about 5 years ago - I defended they lost...I'm not certain which it was. I've moved house since then - I'm going to try and find the old claim form - anyway I think this is a loan - you never know it might turn out that they've already issued and lost...
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