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About nosewheel

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  1. Hi Thanks for responding. The company had a corporate deal with the cc company and I had to sign up to the CC Agreement Ts+ Cs. So effectively I applied for the card to the credit supplier via the company corporate relationship. As far as the receipts go, I submitted them and was paid the sum. I have no issue with the amount, my question is since the employer paid the balance in order to finalise their corporate agreement, do they now own the debt and are they legally able to recover the sum if no agreement was made between my employer and myself. I signed a credit agreement with the card supplier and since the debt has been paid by whatever means, the debt and agreement is no longer valid. That is what I understand from reading through the debt forum on CAG. So if the contract of credit is no longer live, shouldn't there be another agreement of some sort in place to enable the employer to legally recover the sum? Hope this makes sense. Regards, Nosewheel.
  2. Hi, I have just been told by my company (a global food manufacturer) that I am to be made redundant at the end of the month. However, they have offered me an enhanced figure but they have deducted a sum of 4k for an outstanding balance on a company credit card. The background is basically, I signed up for a company credit card and had a disagreement with the card company over charges (I cannot divulge who yet as I am still in consultation) and cancelled my DD. In the meantime, the company I work for decided to change card provider and I ended up as the only one with an outstanding balance. Despite trying to get resolve from the CC company, they invoiced my employer for the remaining balance. Now they are deducting this from my redundancy payment. My question is, since I signed the credit agreement under the terms of the CCA with the card provider and then the amount was in dispute. Does my employer have the right (having paid it off to close their relationship with the cc company) to make me pay the outstanding balance and the interest they are puting on it monthly? I have a consultation later this week but I will avoid this issue for the moment until I get some direction. Best regards, Nosewheel
  3. Hello Folks, If they can't produce the credit agreement are they barred from any type of enforcement, whether that be to order the full amount, instalments or a charge on the house? Can anyone advise me please? How do I go about raising things like the above and also: 1. The amount claimed - which definitely includes about 10 years of unlawful charges. 2. The unlawful charges that were applied in the years going back beyond the six years which can form the subject of a claim. If the amount claimed has 6 yrs of reclaimable charges and about 4 years of unlawful charges which though un-claimable are still unlawful and should not be part of the lawful claim sum? It seems to me that the two amounts fall under different jurisdiction, in that one part is reclaimable under the law however the earlier years (prior to 6 years) are equally unlawful and therefore not owed and should not be lawfully reclaimable? I make this point as I notice that under the Civil Procedure Rules you can ask for the full breakdown of the claim from the point of the credit agreement onwards. Do they have to show that the amount claimed is actually the amount owed. 3. If the amount is wrong from the outset and the claimant cannot produce the lawfully required documents or indeed refuse to respond to requests for these then what is the status of any judgment which has been granted upon the basis of an unproven claim coupled with an industry which flouts the rules and regulations openly, yet which bind the defendants so absolutely with devastating results. 4. What would a properly constructed complaint to the Judiciary hierarchy bring? Do defendants have a right to a fair hearing say under the human rights act? Does the fact that Judges appear to be unaware of the issues raise the right to specialist courts for fair trial? How does one fight this? 5. If a credit agreement is unsecured, the terms reflect this. Interest is justified higher because it is not secured. They charge a high rate of interest because they calculate the risk on an unsecured loan. How can it then become secured through such an unfair process? When a person takes out an unsecured loan or credit facility, the joint owner does not have any input or right with regard to that transaction. If however it benefited from say, the lower interest and longer terms offered when it is secured, ALL interested parties must sign under deed. Therefore the RISK taken by ALL parties is understood at the outset. How therefore can such a huge undertaking by a property owner (to secure something against there most important asset) be bypassed in this way, and without a specialist judge to at least uphold the law, regulations and rules? I have just 7 days to take an appropriate course of action. Can anyone please help! Best regards T
  4. Thanks Tilly, What a great site. Regards, J
  5. Apologies for delay (I have to use my brothers computer). Thank you for your reply. The application for the charging order quotes the original order for installments under the same court number and date (march 2008 ) ,In March Northampton CC made an Order for installments of £1 per month. In June my local court made an Order for the full amount and I was told by the CCC that this would not happen as I had submitted my expenditure form and it demonstrated I could not pay more. It did happen, so I wrote to the court and attended a hearing but the judge refused to listen. He said that the claimant was right installments of £1 per month were ridiculous and he was not changing his mind. I pointed out that I had paid the installments of £1 every month and not missed any payments. He said You haven’t got an order for installments and would not let me show him it. I referred to my other debts and asked how these could not be relevant to the application for a charging order and he said he wasn't interested in them, I also quoted Mercantile Credit case and he simply dismissed any relevance it had. On reflection I think the court had already given the green light to the claimant for a charging order. The claimant had previously written to me and asked for a voluntary Charge which I ignored. The present application to make the Charging Order absolute does not refer to any other order (which I have not had either) referring to the full amount, but the Judge said on the day that he was upholding his decision (in my absence) to make the order for the full amount and that my appeal therefore was dismissed. This application for next weeks hearing, quotes the Northampton Claim Number and the date of that first case and I am holding that in my hand now and it clearly says Judgment for the plaintiff by installments of £1 per month beginning April 2008. I don't blame you for seeking clarification as it is not entirely clear to me. Before I found this web site I was following the advice of CCC who told me to write to all my creditors and send an expenditure form and make the installments offers. I new that thousands of pounds of the combined debts were charges and fees, but CCC didn't offer any advice on this. I had no-one else to turn to and could do no more than try and deal with it all under the CCC advice. looking at this web site I now realise I could have defended the claim. I didn't want to lose my home and burden my family. I didn't know how else to handle it. It now seems that it is never going to end and they'll keep coming until me and my family are on the street with nothing. I have written to Weightmans asking for all the statements , the credit agreement etc etc and they have not given me anything. They said they have nothing more than the basic information about he debt but they will ask their client but that they don’t acknowledge any right to ask for the info either under the Data Protection Act or the Civil Procedure Rules. I was going to make a form N244 application to the original court at Northampton to challenge the debt and thereby have the hearing next week stayed until the outcome. Incidentally, I asked about the right of appeal against the Local Courts decision when I was in front of the judge as he was so dismissive not even willing to consider a different monthly amount. He said I would need his permission to appeal and he wasn't giving it so I could not appeal. I understand if it is now too complicated to try and advise me. Thank you, T
  6. Hi HELP NEEDED URGENTLY! Weightmans acting for HFC had a court order for 1 pound per month then applied for court to make an order for the full amount and then assigned the debt to Phoenix Recoveries and now have an interim charging order made and are seeking to make this absolute at a hearing NEXT WEEK. The Court would not entertain any defence and made it very difficult to speak when I tried to have the order returned to instalments. I have learnt so much since finding this site and have followed some of the advice mainly requesting full disclosure under the Civil Procedure Rules. I have received some contemptuous responses from Weightmans but none of the requested documentation. They have only sent me a copy of the original Submission. They have said that "you are not entitled to file a defence and counterclaim as judgment has been obtained based upon your admission form signed and dated. We enclose a copy for your ease of reference." The application to make the charging order absolute refers to the original order which was for instalments (which have been met) but they state that there was no installment order made. They also deny knowledge of other creditors when they do have a list of them all and so they have not included this info on their application. I have tried to research as much of the law as I can but sometimes I am overwhelmed. I need to fight this and learn to defend myself after being battered mercilessly by these companies when I thought there was nothing I could do. I think my local court is unwilling to hear me and I think I should ask for the whole matter to be revisited by the court to give me an opportunity to defend. Should I: (a) file an application on form 244 and ask the original court to hear my argument . (b) should I base my argument on Humbleman’s argument ? © is there something else I can do. (d) any advice please! Yours can’t sleep, can’t eat!
  7. Hi everyone, Just saying hello. This site has helped me so much so thank you all for your in put. I have a few questions and I will post them in the relevant sections. Best Wishes J
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