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thesinger

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  1. I tried the subject access request and they refused at the time point blank, I was told that as they held a judgement they were not legally bound to give me any information. I even got OFT and all and sundry working on that one and no one could tell me whether what they were doing was legal? In fact I think I am still waiting on an answer! Anyway I am off to get my beauty sleep, will catch up with my threads 2morro nite.
  2. it originally was a sainsburys cc that they purchased, initially they gave me so much grief and refused to give me any information, unfortunately at the time I was very ill and couldnt deal with it and they took out a judgement, by the time my health had recovered it was some year later, by then they applied for a charge over my property, it was at this stage I stood up for myself to be bullied no more!!! they made no errors on their judgement, so couldnt get them there, but then the case got transferred and I was waiting to hear about a court date, but the original court then held the case (In error) and granted a final charging order, I complained directly and severely to the courts for hearing the case in error, and they then issued a judgement for the whole charge to be set aside...Result But Marlin/Mortimer being the rats they are sent the original charge that was set aside to the land registry (after it was set aside), and it has taken me some months to get the land registry to remove that charge and I am now waiting on confirmation from my bank whom I contacted again recently (as they lost the last copy I sent them), so that should all be clear within the next week or so. With all that going on and the fact that a judgement was entered I did not want to rock the boat and was waiting for things to settle a bit! I did originally write letters and followed all the advice but they refused point blank to give me info, it was only recently I rang and spoke to actually a nice young girl (makes a change) and asked for a statement, which they sent, my debt has increased about £2-3k or more with charges and court charges interest etc. When they purchased the debt it was only about £5.5k its now £8k odd. Any advice welcome
  3. ok, have i got this right? so he needs to get complete details of the debt, charges and payments made. So he can try and recover the charges on the old amounts he paid (over 6 yrs ago)
  4. 1. Just wondering if anyone has managed to stop interest charges from the likes of Marlin and their crew! I have been on a debt management plan for about 3 years now, but with Marlin sticking charges on, their charges are more than I am paying each month, so the debt just grows and grows!! 2. Also wasn't there a new law stating that companies should now send out monthly statements outlining payments and charges (if any). I know some of the people in my plan send statements, but not all of them? Anyone know the legalities on that?
  5. to be quite honest I dont think he even has any details of the debt, he thinks it is an old credit card that he thought he had paid off, it just shows how these companies can harass young vunerable people into parting with their money!
  6. Just a thought on this para The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. Do I just change the wording, as he did recently pay £500, I am also going to try and add a para demanding the £500 back!
  7. thanks for that, I will do a letter also to the OFT for him to send.
  8. thanks for replies, no surprises it is Mackenzie Hall! Now I know it is still statute barred I can do the letters for him Thanks once again guys, this site is brill!
  9. Hello to all This site has given me much help in the past and now I am trying to help my nephew with a problem. He rang me (albeit too late) about an old debt that he thought he had paid off over 6 yrs ago, they tracked him to his current address and started giving him harassing phone calls and threats about bailiffs etc to the point it scared him so much he paid them £500 to shut them up. I asked him if he admitted owing the debt as it was over 6yrs old, he said no he had not, he just sent them the money because of the harassment. My question is can he still claim statute barred because of the one payment he has made?
  10. Many thanks for that, It made good reading. I had the CCJ back in may and I now realise that it was issued just over a week after the summons, I now know they are supposed to allow 28 days (but didnt know that back then) As it is some months now, I dont know if I can now challenge that CCJ, At the time I new I owed the debt and believe I justed signed whatever court paperwork I was sent.
  11. They applied for the judgement about 3 or 4 months after they took over the debt, I heard about it too late and did submit some sort of form, but it was too late. I have kept up all my repayments, despite wanting to tell them to shove it! I dont have children under 18, but my son (in his 30's) does own half the house, so I know that will go in my favour, plus I have other creditors so I can state this is unfair to them (the final charging order application). Plus the reason I got into debt in the first place was through ill health, so I know I have a lot in my favour. But I would really like to get one over these B'***ds legally for all they have put me through.They do have a bad reputation and it would be great if someone could get them struck off or shut down or something!!
  12. They applied for the judgement about 3 or 4 months after they took over the debt, I heard about it too late and did submit some sort of form, but it was too late. I have kept up all my repayments, despite wanting to tell them to shove it! I dont have children under 18, but my son (in his 30's) does own half the house, so I know that will go in my favour, plus I have other creditors so I can state this is unfair to them (the final charging order application). Plus the reason I got into debt in the first place was through ill health, so I know I have a lot in my favour. But I would really like to get one over these B'***ds legally for all they have put me through.They do have a bad reputation and it would be great if someone could get them struck off or shut down or something!!
  13. I am really hoping that what they are claiming is not legal, and hopefully I can bring this up in court. Although I would like to challenge this legally before I go to court. I am really out of my depth legally with all of this.
  14. I think perhaps it could be worthwhile to submit a form to get charging order removed, didnt know I could do this! thanks
  15. I have an ongoing case with Mortimer who currently have an interim charging order over my house and are taking me to court for a final charging order. I was quite happy paying off my debts through payplan, this one was previously a sainsburys credit card and was down to about £6k, when it was sold to Phoenix, who immediately demanded full payments, started charging me interest and daily charges and then took a judgement out (which I found out about later), then the interim charging order. It goes on and on.. Now I sent a letter to them which I found on this site I think, demanding a copy of my cca, bank statements, details of all charges and interest etc. Only to get a letter back stating... We will not respond to your request as disclosure under the Civil Procedure Rules only applies to ongoing disputed cases. Despite the fact that I am disputing their charges, they are claiming because there is already a judgement and I am waiting to go to court for a final charging order they dont have to supply this information. I find it totally unbelievable. Whilst all this has been going on, not once have I missed any of the originally agreed payments and I still continue to pay them and I will until it goes to court. Has anyone ever heard of this Civil Procedure Rules and can they legally deny supplying the information I have requested? I have referred this back to Payplan, but at present even they are struggling with this one! HELP..
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