Jump to content

ohitsonlyme

Registered Users

Change your profile picture
  • Posts

    360
  • Joined

  • Last visited

  • Days Won

    1

Posts posted by ohitsonlyme

  1. I moved out of  a rental property In late February /early March2020 and had no further access due to the lock down and although I got final bills from gas and electric supplier I didnt get one from untied utilities for the water supply.

     

    In november 2020 I received a paper bill from UU at my new address and paid it within 2 weeks 

     

    I didnt receive any bills by email but I in July I did  get a couple of texts which at the time I assumed were scam or phishing texts so I ignored them

    In December I checked my credit file and found that I was defaulted for £120 in August I didnt get any default notice or other notification

     

    Apart from this my Credit file is excellent after 10 years of fighting for my financial survival

     

    This blip on my credit report is causing me problems all of my credit cards loans and mortgages are upto date with no late or missed payments and have been for many years

     

    UU will not remove the default despite me showing them that I had given notice to the letting agents and telling them that I had spoken to their call centre  giving details of my move 

     

    I dont have records of my phone bill at the time so cant prove that I had notified them

     

    The gas and electric have been changed over no problem

     

    Is there anything I can do to force or encourage  them to remove it??

     

    Only me again

     

     

  2. I continue to receive chase letters very other month from Cabot and have to date ignored them

     

    This months letter states they will ask a company called resolve call to call at my home and "make contact with me"

    what should my reply / action be in this situation

     

    There was a template around at one time telling DC that you do not give them authority to call but I cant seem to find it

    Only me again

  3. 8 hours ago, Andyorch said:

    Given that its 11 years old and the judgment claimant has failed to do anything......no I wouldn't. With regards to other debts...not sure what you mean by " in probate " but if there is no estate then there is no pay...

    I am likely to have a substantial estate .

    Since the last recession and I lost everythiing to the banks I have built myself up again I aslo have several large insurance policies that will come into my estate.

    The point I was trying to make is that if an old ccj could be clawed back by a credit cardot DCA then surely old SB debts would fall into the same category and executors would need to satisfy those too as technically they are still owed by many of us that have unenforcable CC Debts

     

  4. @dx100uk

    It is the 1% that I am thinking about and my wife's ability to sort things out.

    I realise it is likely to be difficult to enforce but I don't want to leave any problems behind and so i was thinking of trying to get them to back off even though my current tactic is to ignore as I can handle the issues as they come along whilst I am alive!

     

    @Andyorchno It is not secured in any way and all I am getting is please pay us letters  no threats CCJ is now 11 years old

     

     

    @Ethel Street

    I hope the situation isn't going to arise any time soon!  Me too!!

     

    When someone dies, their debts become a liability on their estate. The executor of the estate, or the administrator if no Will has been left, is responsible for paying any outstanding debts from the estate. If you owe a debt when you die your death does not extinguish the debt. It is still a debt of your estate. (The reverse is also true, if someone owes you money when you die they are still required to pay it to your Estate).

     

    But Cabot/Lloyds have no more right to enforce the CCJ against your Estate after your death than they did before you died. They would still have to go to court and get permission to enforce it and all the advice given so far on this thread is that they would find that very hard to do. So they could not easily get the money from your Estate.

     

    What I don't know though is where this would leave the Executors. In principle Executors are required to pay all debts of the estate before distributing what remains to beneficiaries. If they don't a creditor could proceed against the Executors personally. But are they required to pay a debt that they believe is unenforceable? I don't know, I've never seen any legal discussion of that situation.  This is the bit that is interesting  and possibly problematical for my recently deceased family and something I want to avoid now rather than risc it when I am gone

     

    As £10k is quite a large sum of money it might be worth you spending a bit of it to get a legal opinion from a specialist Probate solicitor on what your Executors should do if this situation arose (from the solicitor who drew up your Will?).

      Good Idea but most solicitors will tell me the same that you have highlighted that the execuotrs have a duty to reapy all debts before Beneficiaries This could have potential problems for many on this site Would this same situation apply to old non ccj unenforcable debts that we have ll "Won or believe to be SB" Our legal experts on here will have a better insight to  the situation and what our goals and pitfalls are possibly even experience of a similar situation where a member of this site has died

  5. Just a thought, I am now 65 and diagnosed with prostrate cancer -(no need to worry  very early very treatable).

    thinking of my mortality and dying I wonder if it might crop up after my death (hopefully in many years to come)

    Can they make a claim on my estate (mainly substantial insurenace poilicies), my wife and 10 YO daughter wouldnt be able to sort it out like me

    Should I offer them £10 as full and final and to stop writing letters to me or tell them I am not going to pay fullstop.

     

    At this time I am ignoring as there is no threat that  they are trying to come after me and with it now being 11years since ccj issued very unlikley they can come at me in any meaningful way

  6. I have an old CCJ against me for £10k original creditor LLoyds

    I never heard anything off them after the forthwith CCj was issued in 2009,

     

    Late last year I got a letter to my home address from Cabot I knew what it was about, but thought they might not know about the CCJ so I sent statute barred letters and eventually got a reply with all of the CCJ info on it

     

    I know it will be difficult for them to take it back to court,

    The CCJ was raised  at my old home address and I still rent the property out and so have always received mail from it and it is also linked to my new address both of which have been on the CRA sites and electoral roll as lniked adresses so I have always been available.

     

    Should I simply ignore the reply to the statute barred letter (there are no threats about going back to court on it) if not ignore I am unsure of how to reply 

    Any assistance very much appreciated

     

    Onlymeagain

  7. Now the stories of the 'Dash for Cash' are being revealed. SMEs and GRG are only part of the shocking treatment to which customers were subjected in order to protect the bank manager's position. I hope that more people who have been victims of this financial rape will now come forward. I would like to hear from you.

     

    I am still in a similar position to you are you a member of the SME alliance??

  8. The consensus seems to be to let sleeping dogs lie, both here and other sites and so this is what I will do

     

    I've subscribed to credit reports for a few months now and they seem to let me know about any changes.

     

    I've got recent letters from most dca to my current address so could argue against a potential default if one were to sneak in

     

    Onlyme

  9. My unenforceable journey is coming to the end! At last

     

     

    I have been to County Court to fight ccjs and high Court to fight HCE Bailiffs and only lost once on an un- regulated loan

    I have been checking through all of my creditors and dca accounts

     

    Most are now statute barred or coming up to being statute barred in the next couple of months

     

    Most of the dca do not know my current address.

     

    I am considering writing to each one in turn once I consider that it is SB notifying my current address so that they can't sneak in and get a ccj at my old address and informing them that the account is statute barred

     

    What does the team think about me doing this?

     

    Only me again

  10. Hi Andy Yes its a part 8 claim and I realise they have a claim on the property

     

    The ccj was against my ex not me

     

    Will their claim include my 50% of the equity?

     

    The charging order states

    1/ the charge(interim) created by order made 21 July 2010 shall continue

    2/The interest of the judgement debtor Mrs ex in the asset described below stand charged with payment of the sum £11700 etc etc

     

    The land registry title states the solicitor of ex has benefit of charging or on the beneficial interest of ex

     

    onlyme again

  11. Well the gloves are off

    I received a letter of claim asking for an order for sale from ex wifes solicitors on a property that we rent out and are joint tenants ccj and charging order on ex wifes interest in the property

     

    I intend to fight this but dont know the procedures involved Yet!!

    hearing date is 25 January

     

    The house has land 5 acre field which are on 2 separate title deeds

     

    I am in the process of applying for affordable housing on the field not a big gain but it will sort out the ancillary relief for ex wife

     

    The restriction is only on the deeds to the house not the land

     

    what do I have to do in terms of defending the claim and witness statements.

     

    The valuation that they have used is incorrect, they have valued the house and land but only have a restriction on the house.

     

    They havent mentioned a second restriction in favour of HMRC ccj gained on ex

     

    They havnt mentioned my beneficial claim on the property and I am listed as the defendant which I will of course defend

     

     

    They havent mentioned the tenants in situ including children They have no knowledge of any other parties

     

    They have not been able to gain details of the balance outstanding to the building society which without planning and the field is close to the value of the mortgage outstanding

     

    I think I can get it rejected and possibly costs from them(that would be fun)

     

    Can the court still order the sale for the other creditors at this hearing if this application fails on technicalities??

     

    onlyme again

  12. Well I went to the hearing yesterday and left court fuming!

     

    BC informed by letter of their intention not to appear despite an order to do so

     

    I presented a note listing my request for true copies prior to going in to the judge and was greeted by the judge and he had arranged for BC to proceed via the telephone

     

    He had the usher call them and proceeded with the hearing I felt ambushed and told the judge so

     

    He went on to pretty well dismiss my defence and although I told him that I hadn't received a default notice or notice of assignment he went on to say it was just a technical defence and judgement could be passed but not enforced

     

    He clearly saw me as a dirty debtor(despite looking very smart like the smartest giant in town according to my 4 year old daughter) and dismissed everything I tried to say

     

    I doubt that I would have received a call from the court if I chose not to attend

     

    I want to complain about the judges actions but don't want to create an issue at the final hearing

     

    Hearing to be listed 56days both sides to have exchanged witness statement 14 days before

     

    Any thoughts on what to do about this?

     

    Would that same judge ask the usher to call me if I hadn't attended

  13. I agree with you gannymeade, and want to take advantage of them not being there

    I want an unless order if possible for default notice NOA and credit agreement as at inception

     

    To the judge

    "if it you can understand it sir this case has been hanging over me for several months and despite cpr requests and cca requests and orders to attend court they continue to proceed with a claim without the evidence to support it and are still 10 months later not providing the required information please can you issue an unless order to put this to bed.

     

    If I push hard enough I expect them to backout

     

    Onlyme

  14. I agree it is wasteful they didn't attend the set aside either.

     

    I will attend the order says must attend they haven't said anything about saving costs

     

    I will be requesting additional time to amend my defence can I ask for a strike on the grounds of faulty default notice or will this have to wait for the trial

     

    I will kick up a big fuss about time and not attending still not giving all documentation requested under cpr and cca request

    I will ask for a 7 day unless order for the assignment and default notice

×
×
  • Create New...