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Everything posted by MEL25

  1. 1) by an agreement in writing and regulated by the consumer credit act 1974, the claimants issued to the defendent a credit-token, lloyds bank gold card, for the purpose of the defendent acquiring goods and services on credit. 2) clause 7 of the agreement provided that the claimants would furnish the defendent with a monthly statement showing a balance currently due, the minimum payment to be made and the date for payment. if the balance was not paid then provided the defendent made the minimum payment on or before such date, the remainder of the balance should remain outstanding and the defendant should pay interest upon it per month in accordance with clauses 8 & 9 of the agreement. 3)In breach of the agreement the defendant failed to make a payment and on 19/07/06 the claimants issued a default notice pusuant to section 87 (i) of the consumer credit act 1974 4) on 22/08/06 the claimants did issue a formal demand to the defendant 5) THE CLAIMANTS THEREFORE CLAIM THE BALANCE DUE UNDER THE AGREEMENT XXXX.XX
  2. sorry whats a poc and an aos? the card is old , I haven't used it for years, was just paying it off. I missed 1 payment, but didn't receive a default notice. I can't scan anything I'm afraid as i don't have the means. I received a letter from them on sat saying they have requested the court enter a judgement against me and have enclosed a standing order form, which is mad because I have reinstated the standing order in September so they have still been receiving payments. should I write again about the cca? strangely I have heard nothing yet from the court I sent the cca requsets on the 29/09 not29/10 as I said in my earlier post. the court claim form was issued on the 18/09. should i not have had some correspondence by now?
  3. hi I posted here a few weeks ago because I had received a court claim form for lloyds tsb cc. I had missed a payment, the 1st in a year as I changed my bank account. I don't know if I have done any of this right but here goes. I filled out the form filed a defence to say I missed the payment because we had changed bank accounts but ii is now set up again please don't ccj me as will seriously affect my employment prospects. also asked lloyds solicitors for mercy, but they refused . also requested cca's from lloyds and solicitors, including £1 postal order but heard nothing back yet and I sent these cca requests on 29/10 what should I do now?
  4. when I claim back credit card charges do I work out the interset on these charges and claim that back as well, or is it just the charges i claim back?
  5. i'm just so naive with all this , and these people do have the ability to scare the life out of you!
  6. ha ha! he has now come back to me saying that his clients are prepared to accept £xxx to settle the full balance first payment starting the 24th nov. does anyone thionk this has been a bluff as I do not think the sd was served correctly and maybe they are trying to frighten me. even so I cannot afford the sum he is stating. do you think I should phone the company the debt is with and see if I can't negotiste something better with them?
  7. I have today emailed the solicitors dealing with this to tell them I had paid another £100 and would continue to do so until I could pay more. I offered my house as security if it would make their clients feel better . I received a email back saying I had been issued with an sd and would be made bankrupt in 21 days if i did not pay this amount. I replied that I had not recived any correspondance from them other than these emails, and asked for their clients no. to try to negotiate a settlement or at least a payment plan. he has now sent me via email a copy of the sd. what do I do now? I cannot pay the full amount but I cannot be made bankrupt and I am trying so hard to pay this
  8. I have a similar situation with lloyds tsb credit card. I was paying £50 a month missed august and they sent me a claim form. I requested a CCA from Lloyds and their solicitors but as yet haven't received anything. I have also asked them nicely not to pursue this as I have set standing order up again and a CCJ would seriously affect my job prospects, but they have said they are persuing it but if they can't produce a CCA how can they? what shall i do now?
  9. yes it is more than £750. It's £4k with interest they are adding £6k what would you be inclined to do in this situation? as I said earlier I can offer to secure it against my house, would you advise this? I obviously cannot be made bankrupt, I work in banking as a contractor and would never get another job, apart from anything else.
  10. i received a letter from them telling me if I didn't pay up they would issue a SD. what grounds could i have for setting this aside, and what actually does that mean?
  11. i'm confused I don't know what to do 1)the sd was put through the letter box with no prior warning (i thought they had to arrange to meet you?) how do they know that I actually got it, its dated the 13/10 but i didn't receive till 23/10 so what date do i take the 18 days from? 2)i'm not disputing the debt. I have been paying £100 a month, so can I still ask for a cca even though its for stock for a shop and i have been paying it? 3)I would be willing to secure the debt against my house if it would mean that they wouldn't make me bankrupt but i think interest of £2k on a £4k debt is a bit steep. could I put it to them that I am willing to secure the original debt on my property but not the interest? 4)would a judge really make me bankrupt if he saw that i had been making regular payments and I was willing to secure against my house? If i defaulted on my mortgage and my bills this month I could pay most of this -that's the crazy thing - do I rob peter to pay paul? we have been trying to remortgage in which case I would have had some spare cash to pay this, I have told them this but they are obviously not prepared to wait any more however if i secure against the house or miss this months payment i won't get remortgaged anyway please could you advise step by step what you would do?
  12. as this is a debt for stock for a retail business would it be covered by CCA though? and in paying £100 a month i think i may have already admitted to the debt. what would happen if i ignored this SD?
  13. hi jenjuly82 I am in the same position as you right now. i started a thread on this forum last week as I too do not know what to do. I was under the impression though that for an sd to be enforceable it had to be actually handed to you not just posted through the letter box?
  14. it says it is a sd under section 268 (1)of the insolvency act1986. debt for liquidated sum payable immdediately. it basically says I should apply to have it set aside within 18 days from its service on you (it appeared thru my letter box no stamp last thurs 23rd although its dated 13th) it says if i don't apply to have it set aside or deal with it as set out in the notes within 21 days i could be made bankrupt. then it basically says that the creditor demands i pay the sum or secure it or compound for it to the creditors satisfaction. however, was this actually "served on me" if it was hand delivered through my letter box. where is the proof?
  15. The collection agency is in the netherlands. I used to have a childrenswear shop, and this is for stock that i received over 2 years ago. I sent payment for this stock although they never cashed the cheques. At that time I was in bury your head mode as the shop wasn't doing well. I only heard from this firm called bierens lawyers in april/may of this year. i'm at work now and I don't want to get it out here but it basically lists the unpaid invoices and the interest and then says about bankruptcy or setting aside. i can be more specific when i'm at home
  16. hi I hope someone can help me. I received a sd yesterday, no stamp on the envelope so someone must have put it through the letterbox, its dated the 13th oct so doesn't give me much time to deal with it. the trouble is i don't know what to do. what is "set aside"? I don't deny i owe this money, I have been corresponding with the debt collector via email. he knows i am trying to remortgage and then I will be able to pay up. the debt is around £6 with all interest and charges however they have already agreed to accept £4k which is the original amount owed. I have been paying £100 a month, so far I have paid back £400 please help as I did not sleep a wink last night and I feel sick
  17. the trouble is as i work in the city as a temp its very hard to get a job in banking with ccj's and i'd be unemployable if i was bankrupt. its been hard enough to find a job with the 3 ccj's that i,ve got, but they are 2-3 years old now and satisfied so prospective employers should now start to look at me more favourably hence improving my chances of work. lots of companies now run credit checks and a fresh ccj on my file would really ruin my chances especially in today's climate. is there any way apart from begging that i can avoid court?
  18. i have offered both creditors £100 per month but they are reluctant to accept this and are still threatening ccj and bankruptcy. I have had a staatement of income and expenditure drawn up by the CCCS which I have offered to send to them but they seem uninterested. what is my next step?
  19. it was a sole trader, there is about £100k equity so my half would be more than enough to pay the debt, but really selling is not an option the business rates are with bailiffs aleready so I guess I will have to phone them tomorrow and try and pay something. as long as I pay something say every week they surely can't complain? As for the supplier debts, I keep hearing about CCAs. would this apply here? although I guess as I signed the order, thats agreement enough. not that i'm trying to get out of paying it, but i guess if i was a ltd co the scenario would be very different. if they were to try and go for bankruptcy what would be the next step? i really cannot get another ccj or worse as i now work back in the City and would not get another job in banking which would be devasting to us as a family
  20. I hope someone can help me as I really don't know which way to turn I'll start at the beginning. I had a shop some years ago, and ran up debts as it didn't do very well. Alot has been paod off, although I have ended up with 3 CCJ's. I have only 3 debts relating to the business remaining, but I do not have enough money to pay them and they are not accepting my offers of monthly payment, threatening me with bankruptcy instead. The first is business rates - I owe £1000 and have paid one instalment of £250, but I cannot keep this up, its just too much out of the monthly budget. The 2nd is with a dutch company for stock, the debt is £4000, although with all the fees and interest it comes out at much more than that The 3rd is with an English company for stock, the debt is about £3750 I also owe to lloyds and nat west, but am happy at the moment with the monthly payments to them. I have been in touch with cccs and they told me to sell my house, I'm not going to put my family through that, I'm sure there must be other options please help
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