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About kirsun10

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  1. I had a loan with Norton finance which I paid in full, after I thought the charge would be discharded. They have, I have found, retained the charge after over six months after the payment of the discharge statement, including charges were paid. This was handled by a solicitor, and should have been sorted. Who and what is involved in sorting out the problem as this has had repercussions in my selling the property. Can anyone advise as to how this can be dealt with and, to be honest I feel a compensation claim is forthright, but with whom. Can anyone advise please.
  2. Sorry for the bad info, I was reading 3 different messages at the same time. The worse thing you did is not attend the Court, that both offends the Judge, and establishes a sense of non compliance to the rules of law on your behalf. You state you did not hear anything from the court, but this cannot be credible, as you received the notice of the fine. The only suggestion I can see is making an application http://www.justice.gov.uk/courts/procedure-rules/criminal/docs/crim-pr-form-part63-appeal-notice.pdf sorry for the previous misinformation. It may be worth a try, but it does not look to good.
  3. Hi as this is a County Court Matter, you need to get yourself a N244 form and have this judgement set aside for the reasons you stated in your letter. Thanks kirsun10
  4. I do not think you have much success in arguing this case in any capacity, it may be, in your eyes the fault of the bank to give you money you did not have, but the underlying responsibility rests on your shoulders. You as a business person should have had some knowledge of your situation and circumstances, yet you failed to take action and continued to spend. Banks do give leeway for people who go overdrawn with the expectancy that you will pay this back as soon as possible, especially with business accounts. However as always as their is no personal touch within banking, but automation your previous record maybe allowed this temporary line of credit. There is no way this could be fought in court as you, without any checks or diligence continued to purchase until the banks automation stated enough is enough. Sorry to be a bearer of bad news but this is also also happens on normal current accounts, and they state on their terms and conditions you are wholly responsible. So in essence you are responsible for what you do with your spending, whatever the circumstances.
  5. They did the same to me an sent a SD that had no basis. I had to make an application to set aside SD as they claimed this was done by Bromley County Court. I went to the court to set it aside, and they stated I need to make an application with the High Court. I did this and with the mention that I have no knowledge of the company or the debt owed and it was required that proof be sent to me of the debt, and any if agreement was made. Unsurprisingly not one person turned up at the high court and this case was thrown out. I feel the reason behind this is that as a purchaser of debts does not entitle the new owner to the benefits held by the previous owners. Unless this is stipulated in the contract they have no valid argument to proceed further. Other than that they have to provide proof of purchase and a lot more documentation to substantiate the claim.
  6. Dear HOLLYHOCK5 It would be interesting to know the whole story to date so that I can get an insight into your situation. Thanks Kirsun10
  7. I made payments to a DCA on a statute barred debt not knowing this was the wrong thing to do. There were threats of placing house charges...etc. I agreed to make payment on a monthly basis. However after a few months I lost my job and was unable to keep up these payments. They got a judgment in the bulk processing centre and won by default then obtained a charging order. I then found this site and got info that was needed (CCA requests etc), and got this judgement set aside. Am I able to recoup my money I paid to them as they have now told the court that they do not wish to proceed with the case. what I have read what hey did is illegal by threats alone but getting judgment on a loan barred is the pits. Can anyone advise? Thanks
  8. What papers have you sent them? Evidence is needed and you should have requested all this before you sent your statement as this would have been part of your defence.. You need all documents pertaining to the debt in question. You need to serve a Subject Access Request ( £10.00 to be sent to the plaintiff). Request the court to reissue a date as you need to reassess your defence as you feel it is incorrect!
  9. I won because: 1. I did not receive a default notice for the original creditor and they could not prove this. 2. They did not provide me with proof of assisgnment. They use their electronic records, but this is not enough. 3. They use structured letter template used by the debtors (i.e Sainsbury's Bank) and the dates of these were not matching. this is shocking as how are they allowed to portray themselves as the original debtor? 4. The sum they request is for the full sum of the debt, however their claim is in effect the arrears, as they have not sent a default notice for the full sum, but only the arrears. 5. Their confidence in winning the case is their major downfall, as they do not expect anyone to turn up and fight. Hope this helps
  10. The Judge stated that he cannot assess for sure by the Plaintiff or the Defendant as to whether the Defendant received a default notice or not, but you have failed to issue notice to end the agreement, so the agreement stood at the time of the application. So only the arrears are due. Therefore the sum claimed is incorrect, thus judgment cannot be made on that amount as this is incorrect although I have been now been provided the correct sum from the Plaintiffs Counsel. The Plaintiff may or may not have issued the default notice, but they have failed to provide adequate notice to the Defendant of the intentions of their claim. I therefore have to find for the Defendant, and dismiss this case forthwith.
  11. It was stated in the court papers (1980's) my dad/mum took a loan from a friend for £25000.00. The thing is I was young at the time of this and had no knowledge if this is true or not. The person who was alledged to have given the loan got a charging order on the property which was half mine and my mum's. I recently looked at the court documentation of the time, and there was no agreement or letters to prove this loan. The whole case was made by affidavitt's of the claimant's solicitors and the plaintiff, and I suspect it being fraud, as my Dad lent him money in the 70's that he could not repay fully and on time. I have letters to prove this. My Dad did not go to court at that time as he was under some mental strain and could not cope with this. I remortaged the house recently and had to pay the claimant's estate the sum of £110000.00, to the claiment's estate as he is now dead, get the house solely on my name. I tried to negotiate, but that did not work, then I SAR'd them and they stated they did not have to comply. They purely state they rely on the High Court Judgement that was issued. Can anyone help me as I am, well totally out of pocket for something that did not concern me. Please Kirsun
  12. Andys123 you have to give more details as to what they want what you have written to them. Basically the whole story from the begining. Be quick you do not have much time if your court action is in March.
  13. You are so right my friend they are just bullies. congrats with what u did!!
  14. Hey send me a message and we can talk maybe over the phone...I need ,ore info to look into this.
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