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  1. My dad who is 77 last year 2020 purchased a brand new car from local main dealer we were very shocked he purchased the car as the car he had was new with 3000 miles on the clock but the salesman confirmed the sale and my dad exchanged the car without telling any family member, so far the car has only been driven about 1000 miles since the purchase and recently my dad has been advised and told not to drive due to dementia. We have spoken to the finance company who were not very understanding and in fact said we could return the car and pay the outstanding balance to my mum`s shock, my question is has everyone had similar issues, as it looks like the car will sit on the drive and we still have to pay the car HP repayments. Thanks for any help
  2. Email,. today from BW Legal Without Prejudice Save as to Costs 09 April 2020 Dear XXXXXXX Our Client: PRAC Financial Limited Balance Due: £521.65 Hearing Venue: XXXXXXXX Original Creditor: Instant Cash Loans Ltd trading as Payday UK Original Account Number: XXXXXXX Hearing Date: 16 June 2020 We are writing to you because the court has listed our client's claim for a court hearing on 16 June 2020. We understand this is a difficult time for everyone, which is why our client is keen to resolve matters amicably by offering you the opportunity to pay a discounted balance on the sums due. We wanted to let you know that we are available to assist you throughout this time via numerous methods, from our Contact Centre, Webchat and our Customer Portal. We want to ensure that if you are or have been directly or indirectly impacted by COVID-19, that you still get to the best advice and reassurance about how to manage your account with us. Please call us on 0113 468 3021 or speak to us via Webchat so we can assist you at this time, we just need to understand your circumstances in order that we can help. Great News - 35% Discount Offer Our client wants to help with any possible financial burden that you may have and we are able to now offer you a pre-approved discount. This can be paid in one lump sum, or you can pay this over a pre-agreed instalment plan. This offer is open until 09 May 2020. What is even better for you is that you do not need to call us to accept this offer if this is affordable to you. Just log in, or register to use our Customer Portal www.bwlegal.co.uk and select "Customer Login". The pre-approved settlement and plan is ready for you to accept. You need to quote our reference, along with your address details and a couple of other security questions in order to register. Our Customer Portal is very easy to navigate and you can choose various different payment methods and payment dates. You can also use the payment calculator, view your account, statement and talk to us via Webchat if you need assistance. Strictly, without prejudice, the discount available is 35% from your current balance. If you do take advantage of the offer, the revised amount to pay will be £339.07 if paid by 09 May 2020. If you cannot afford to pay the discounted amount in full, do not worry. If affordable for you, you can still take advantage of the offer by repayment plan. We have a pre-approved monthly instalment amount of £20.00. The plan has been recommended to take into account estimated disposable income. We have also made it easy for you to accept the offer without having to call us. If this is affordable to you then simply log onto our Customer Portal and accept to pay the offer by instalments. You will be able to choose the first payment date and payment method. Once the offer has been accepted, we will withdraw the claim and notify the court that the hearing listed on 16 June 2020 does not need to go ahead. If you have filed a counterclaim, you will need to ensure that you inform the court and ourselves, in writing, that you no longer wish to proceed with the counterclaim. Important information about credit reporting When you opt to set up a discounted repayment plan, if our client already reports your account to a credit reference agency then they will continue to report your balance and payment each month. On receipt of your final payment, our client will then mark your agreement as closed with the status "settlement". Yours sincerely, BW Legal
  3. Just checked we last paid in Aug 2013, however my wife tried to sort out and she did in fact make 1 payment on 1st September 2014, therefore its not SB until or after 1st September 2020. Simple words up the creak without a paddle, not sure how to base defence on now
  4. We will be laying out all paperwork in the morning and double check the payments
  5. Afternoon I have double checked and cannot find any payments since the Aug 2013, overall they must prove it`s not SB and there not they are saying they debt is enforceable as they have a promissory note. if our defence states SB information and the Promissory note not Executed as Deed or any consideration would this be acceptable
  6. According to our record the last payment was 1st August 2013, if they are correct and we hope they are wrong they class falls on where the Promissory note is legal as they are using the note as the main part of there claim.
  7. The original sum paid to the business was £20,000 we repaid approx £13,000 and since then they have been adding interest In real terms we have paid £13,000 and they now demand another £27,660.88 plus court cost giving total of over £40,000
  8. This is the PofC on the court papers 1. On 31st July 2008 the Creditors ( Mr & Mrs XXXXX ) advanced the sun of £20,000.00 by way of personal loan to the debtor and her husband, Mr XXXXXX who was subsequently adjudged bankrupt 2.On 29th September 2009 the Debtor and her husband signed a promissory note, confirming that the debt was repayable on demand, and her husband made number of payments towards reducing the balance, thereby acknowledge the existence of the debt. 3.The final such payment of £125.00 was made on 1st September 2014. No subsequent payments have been made. 4.A Demand for payment was made on 6th march 2017 which was ignored and i received no correspondence from the debtor 5.As of 12 March 2020 the outstanding balance is £27,660,.88 Claimed Amount £27,660.88 Court Fee`s £1,244.74 Total Claim £28,905.62 Point 4 the claimant issued a Statuary Demand
  9. Many thanks for all the information, i have to double check court paper issued on 13th Match and the last day to submit the defence will be on 14th April by 4pm ? Just don`t want to make any mistakes
  10. Forgot to ask Is the time frame to submit the defence 33 day from the date on the court papers which is 13th March
  11. This is the note on the defence relating to the Promissory note - Is to long worded or wrong The Claimants whole case relates to the Promissory note which was signed under harassment from the claimants at the time and not signed in the presence of the witness, no funds were ever paid directly into my own bank accounts and fact the claimant paid the funds into a business which went into administration. Upon reviewing the documentation the Promissory note was not Executed as a Deed nor any acknowledgement and i received no consideration any lieu of the Promissory note in the way of funds or goods, therefore the Promissory note cannot be a legal document
  12. Just a question details below is the filing history A claim was issued against you on 02/12/2019 Your acknowledgment of service was submitted on 04/12/2019 at 20:28:57 Your acknowledgment of service was received on 05/12/2019 at 08:05:28 Your defence was submitted on 14/12/2019 at 11:45:17 Your defence was received on 16/12/2019 at 01:21:14 DQ sent to you on 15/01/2020 DQ filed by claimant on 04/02/2020 You filed a DQ on 13/02/2020 Your claim was transferred to XXXXXX on 13/02/22020 It states the claimant must pay £55.00 by 19th May and if not the claim will be struck outwith effect from 19th May if the pay the fee the case will be held on 16th June 2020 its states in the letter under section 6, each party must deliver to the other party and to the court copies of all documents on which that party intends to reply at the hearing no later than fourteen days before the hearing. We think they will pay the £55.00 thinking we may not attend and they get the claim on default not the case we will be fighting all the way It states in the court papers The following directions apply Each party must deliver to the other party and to the court office copies of all documents on which that party intends to reply at the hearing no later than 14 days before the hearings The original documents must be brought to the hearing The judge may refuse to consider the documents or take it into account if a copy of it has not been sent to the other party as required by this order The documents must be sent to the other party and the court must include the statements of all witinesses So our questions Copy of all paperwork must be sent to all parties 14 days before the court date ( 2nd June 2020 ) if the claimant fails to pay the fee on 19th May will the case be cancelled as of the 19th May ?
  13. I understand this has dragged on the years, we have tried every thing to resolve this matter, the other party has said they are not interested in talking they confirmed yes we have repaid over the years £13k but they want the full claim amount, the last words were in fact see you in court once we have the CCJ we will have bailiff collect everything you own plain and simple. My question is we are fighting this and submitted the follows: A claim was issued against you on 13/03/2020 Your acknowledgment of service was submitted on 24/03/2020 at 19:25:51 Your acknowledgment of service was received on 25/03/2020 at 08:05:23 What is the latest date the defence can be submitted online, is it 14 days from the 25/03/20 = 8/04/20 or 28/04/20 Our defence is based on 2 counts 1, Statue Barred 2, Promissory Note not Executed as Deed and no Consideration taken into account
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