Jump to content

 

BankFodder BankFodder

Archiem

Registered Users

Change your profile picture
  • Content Count

    34
  • Joined

  • Last visited

Community Reputation

1 Neutral

1 Follower

About Archiem

  • Rank
    Basic Account Holder
  1. Thanks, I don't think they have a stronger claim, the Judge was pretty damming as he was holding a copy of my cheque which quite clearly had left my bank account and gone to his (initially I think he didn't reconcile his books and asked again for the payment as the invoice he presented was marked not paid, he has already seen my proof, but has waited 5 years to do anything). What do they meant by a court claim ?
  2. In March this year I had a Statutory demand overturned, because a) it was an abuse of processes, b) I had a cheque proving payment and a number of other reasons. Also they were claiming statutory interest and costs, but the case has never been to court and no judgement made, so the interest and costs were deemed invalid. The other side were told there only recourse was to a Small Claims Court, which is fine by me as I will counter claim. Now I have been contacted by a company called Credit Protection Services looking for the exact amount that was on the statutory demand (which included interest and costs) saying if I don't pay within 7 days they will issue court proceeding for the recovery which will include a claim for both interest and costs. I have called them and informed them that this has been to court and gave them the court and number of the case. My question is if a statutory Demand is overturned, can the person who issued it just keep going to different agencies and issue another statutory demand in the same. I could be back and forth to my local court every few months
  3. **UPDATE** I spoke to CAB and by the end of that first week I had returned my forms and evidence. I just went through point by point, ie incorrect to say I owed this sum and showed the evidence of copy of cheque and my bank account for a month to prove it hadn't been cancelled and referred to the evidence marked A, B etc) put those papers together and marked them up, quickly told my story, went on to say it was incorrect to say there was no dispute and put that evidence together, and said it was incorrect to charge interest (well CAB said it was, as there had been no Court Order made so they couldn't quote the County Court Act, I took this on trust). In the part that said who do you want to summon, well it was in the plumbers name, but had been signed by Final Demand Limited, so in order to be fair I summoned them both. I now have a court date of 29th March to hear my setting aside. I did ask the court to hear my application because I believe final demand may well want to withdraw the Statutory demand when they are aware that I have applied to have it set aside, but I wanted a resolution otherwise I have no protection from a whole string of no win no fee outfits having a go. CAB said lots of people just pay to stop this or pay a small amount, but the worst thing was the people who ignored it because they knew they owed nothing and then ended up with big problems. The Statutory Demand in promoted on the Government web site as an easy way for a debt to be settled. Why don't they promote the small claims court instead ? Thanks
  4. I have found out what this about, it is a Statutory Demand from a plumber I used in 2007. I spoke on the phone to the process server and said that I didn't owe any money, he was very kind and told me not to worry, he will deliver the paper to me on Friday and put them in an envelope and post it through more door. He said that he gets no details of the case but advised me to make an appointment with CAB and gather me evidence together and they will sort it out. I paid this man two sums in 2007 which came to nearly five thousand pounds. The work he did was poor, he ruined three newly plastered ceilings by cutting off pipes and not capping them (the later having to back and reconnect them), filling radiators without putting an end value on etc. and finally never came back to check the gas work and issue a Certificate, despite numerous request in the end I had to go the Corgi who sent and inspector to do the cheques and made him issue a Certificate. In March 2008 he sent an invoice for the exact sum I had paid him the previous March (an invoice was promised but never materialised), I informed him tht the date of the invoice was wrong and that I had paid. Didn't hear anything further until October 2010 when I was contacted by Commercial and Domestic Investigations. They sent this March 2008 invoice and said their "client" had authorised them to collect this amount. I sent them a copy of the cheque for the same amount with evidence it had passed my bank and gone into his, I also gave the numbers of the other cheque and the date it had cleared my account. I didn't hear anything from them so I kept phoning to see what was happening, they said they had passed the evidence to their client and hadn't heard anything back. After three-four months I give up as I just got the same reply and they wouldn't say how long they gave their client to reply before they realised he wasn't going to. So now its 2012 and here I am again, until I get the paper work I don't know if its the same invoice or if he has now made up another fictions invoice for another amount. All I know is if he had a valid c laim he would have gone to a Small Claims Court, but as I could have counter claimed he probably though that was such a good idea. Also somebody suggested using my legal insurance through my house policy instead of the CAB I don't know which is best
  5. No pay my licence by dd, haven't any disputes and I have 9 years no claim discount. Perhaps somebody doesn't like me !!!!!
  6. No, don't fall into any of the above categories. I'm hoping it is a mistake. Unfortunately, I never go into competitions, so no cheque coming my way (if only). Cheered me up though thinking like that ! thanks
  7. Thank you for your reply, I don't as far as a know owe anybody, as I thought if I did they would write to me first ? I'm not going to answer the door, if something arrives by post I can deal with that, I'm just horrified at the thought of a stranger trying to grab me in the street. I thought it strange that he didn't leave a card, but he had refused to identify himself.
  8. Somebody rang my bell this evening, my son opened the door and a man ask for me. He said not here, who are you. The man went to his car and came back with a plastic wallet with some papers and said legal documents. Where is she, he told him to go away. I don't have a clue what this is, I haven't received any letters through the post. I'm haven't been out for a few weeks because I am sick. I'm now too scared to go out. What do I do ?
  9. Thanks for that, I thought I was missing something, why on earth say "does not stop us taking any other action to recover", my mind went into overdrive as I thought they could take my house or something
  10. Hi, I first wrote about this in 2008, when I asked Tesco for a copy of the cca, at that point I was up to date with payments, but I stopped paying because when I asked for a copy of the cca, they treated me as if I was not paying and pestered me with calls etc and then said they did not have a copy of the cca and the debt was unenforceable. They then stopped sending statements and I heard no more until six months ago, when they started sending statements. Now I have received a letter informing me that they are sending me statements, so why haven't I paid ? They say that because they couldn't provide me with a copy of the cca the debt is still owing, confirm that my account is registered on my credit file as a defaulted account and will remain there for 6 years from the date of registration. But the last paragraph says "I would also advise you that unenforceable under Section 78(1) only means that we are unable to enforce any court proceedings taken against you this does not stop us from taking any other action to recover the outstanding balance on this account. I wait your proposals in this respect." I've no idea what this last paragraph means, what else can they do ? Many thanks
  11. I have now proved to these people that I have paid this sum of money, and asked them to take my details off of their systems, they say that their "client" has not responded and will remove my details only when they here from theeir "client" that there is an agreement that I have paid. This is madness they should be sure that the debt is actually owed before they take the "case" on. What should I do now ?
  12. I saw a thread referring to these people, but it was last year. I had work done on my house in 2007, to install a new boiler and new radiators and some plumbing jobs. I made two payments to the guy, he took 8 months and left with no corgi cert, which I had to get via corgi, ruined three ceilings, had several leaks since, the central heating zones don't work, etc. I heard from him in March 2008 when he sent an invoice for an amount I had already paid. I called he said I can do what I like when I like go jump. Then I didn't hear from him again. I thought he had realised his mistake and was to rude to apologise. The other scenario would be he would take me to Court, but I have the cheque I paid and I could counter-claim for damages. Two years and seven months later I get a letter from these Commercial & Domestic Investigations, saying that I owned him the money. I called and advised it was paid, and asked them to send a copy of all invoices and payments on my account. At the same time I called the plumber and left him a message asking the same thing. I haven't received anything from the plumber, but the Investigations people have send a copy of the invoice he sent in March 2008. I have asked my bank for a copy of the cheque and don't know what else can do. Any thoughts, please
×
×
  • Create New...