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globetrotter001

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Everything posted by globetrotter001

  1. I belives its a charge not restriction. I am liable for the debt and do want it cleared .... however i cant clear it unless i am able to sell the property. Can i still sell the property and then have my solicitor oay it off before i actually receive any monies??
  2. It was not paid off..... dur my circumstances then the judge put a charge on my property so that whenever i am able to sell it nationwode gets paid too.
  3. Hi I need a little help with this. I am looking to sell my current property.. . i have a main mortgage plus a smaller second mortgage. However, i have a charge placed on the property for a debt owed to nationwide which was settled in a county court judgement about 5 years ago. If i want to sell my property do i need to do anything different to normal or will any sums owed be sorted out by my solicitor on sale ?? Thank you in advance
  4. Hi I have just recently had my hours cut at work by 4 hours a week. My holiday period on the old contract ( and new one) runs from april to april.... I had already taken all my holidays by the end of July - due to it being a special holiday that was all approved by my boss. Now my contract has been changed --- although i have NOT signed or even seen the new contract ...... I am being told that I now owe the company 15 hours in holiday time already taken !!1 Need some advice / help in resolving this as I think that i have not been treated fairly or in accordance with employment laws but i will need to quote "acts" or actual laws so that I can show my employer if i am being treated incorrectly Thank you in advance for any advice
  5. Thanks Bazza I understand the maths and I understand I was speeding. I just wanted to know if they HAVE to state that their recording was an average speed or a single speed. That's all.
  6. Thanks. Think that answers that. Was hoping someone would have tested it in a "real" scenario
  7. Thanks. So even if all the signs say average speed cameras at any one moment travelling over the advertised speed limit would mean I am guilty (which I am not disputing) ?? Does that mean they don't take into account your average in any way shape or form?? So if anyone slows down before they approach the cameras they would be "safe" ??
  8. Hi Just a bit of advice please. I got a NIP for allegedly speeding in an area of the M3 between junctions 2 and 3 where there are average speed cameras but on the NIP it does not state my average speed only a single speed. Where do I stand? I was most likely speeding ... Doing 61 it the average area of 50... But I am sure I slowed down to make sure my average was within the speed limit. Any advice would be appreciated. Thanks.
  9. Ok. Thanks for the advice. So i will write to the broker and company. Can i ask that they freeze any further payments, etc, until this matter is dealt with? Also do i need to specify an ideal outcome??
  10. H That's is e correct one. And yes they went through a broker... Who I have asked them to give me all policies sold to them by so I can take a look at them.... Wo do I need to complain to ?? And is there a form or letter template that I can use? Thanks honeybee for taking time to answer.
  11. Hi I need some real help with this .... my parents took out a Pegasus Wealth Preservation Plan in 2005. I had no knowledge of this but it is what it is. Apparently it was advised for the to take this out to reduce their potential tax liability on death. This is ridiculous as there is no way to avoid inheritance tax in reality !! Any way they were told that they would be paying £65 per month and that there would be a review at some point in the policy. However, having looked at all the paperwork there is no review mentioned or no review date mentioned. They were also told that if and when a review did occurs the increase in the premium would be small. When I read the renewal paperwork it has increased to almost £400 per month !!! Now my query is what should they do..... My father was 63 when he was sold the policy. The plan schedule is very misleading as it does not mentioning review at all. Also in their Standard Provisions of the plan There is no clear percentage rise in premiums stated at all. My father cannot afford the premiums going forward and he feels completely cheated and miss old the policy as it is not doing what he asked for. What can I do??? The policy renewal is due on the 11th march 2015 so I actually have very little time to deal with this. I have contacted the Financial Ombudsman who has advised to write to the company directly and then they have 8 weeks to respond,...... Is this correct?? Also what do I write to them and say?? Any advice would really help. I hate seeing my parents being conned in this way. Thanks GB As add on my father has just told me that he has asked for the surrender value of the policy (which will almost certainly be next to nothing!!). I have advised him NOT to surrender the policy or he will lose any rights of appeal or contest... Is that the fit thing to do ??
  12. Thanks for that i did ring them and they say it takes up to 10 days after the notice for it to go on to their systems... so will ring next week!!
  13. An update... i got this in the post today.... Re: marlin capital europe ltd vs xxxxxxx We write with reference to the above and we have been instructed by our client to discontinue proceedings and as such please find enclosed a copy of the Notice of Discintinuance by way of service upon you. Is it over now ????
  14. Hi Just an update. I have heard no further rumblings from these guys. Is there anything further you would advise me to do? Do i need to do anything further with regards to the courts?? I want to thank everyone who has helped or contributed to this thread. It was an immense help and took a load off my mind.
  15. Andy I have no idea when it was terminated. I honestly cant. They have sent no other paperwork at all. Where does that leave their court claim?? Is there still a time frame in place here? Also if they are claiming that date... has that not passed now?
  16. Hi all I got this letter from mortimer clarke solicitors this morning.... am so confused as to what i should do now You have alleged that the claim is statute barred. Section 5 of the limitation act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. The six year limitation period runs from the latest date on which: 1. A payment was made towards the debt; or 2. The agreement was terminated; or 3. You acknowledged the debt in writing. We are instructed that in this case the cause of action accrued when the agreement was terminated on 19 june 2008. Therefore proceedings were issued within the 6 year limitation period, and so the claim is not statute barred. If you disagree please explain why. We confirm we are taking our clients instructions in relation to your document request and will come back to you as soon as we can. In the meantime the matter has been placed on hold. Yours faithfully Mortimer Clarke Solicitors. ..................... What do i do now? Is the date they mention significant? Can they go over the time limit for my document request ? I still have not received the cca request Thanks
  17. Got a letter from the court confirming what you have said Andy. Time to sit tight i guess!!
  18. Thanks andy Defence submitted..... Now I guess I have to wait and hear what the reply is...... Is there a time frame for this?? What I submitted.... 1 The Claimant's claim was issued on 20 JUN 2014. 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £8066.02 or any other sum, or relief of any kind is denied.
  19. Hi I received the following dated 15/07/2014 Re:marlin capital europe ltd vs xxxxxxxx We have received your CPR31.14 request and acknowledgement of service. We are currently taking instructions from our client regarding your document request and will come back to you as soon as we can. We confirm that our client is willing to agree to an extension if 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing if the agreement. Yours faithfully Mortimer Clarke Solicitors What does this mean?? Do i still file my SB defence?? Why should i write to the court? Is it in my interest to give them another 28 days? I made no such agreement!?
  20. Again thanks Andy. I will submit this defence as soon as. My one concern is that they have not sent me any of the documents I asked for, even the CCA request. Is there a time frame for these to be provided? I am almost 100% sure that the claim is SB. However, if they come back and say that it is not SB what do I need to do? I know this may be jumping the gun but I need to get things clear in my own mind, perhaps for my own peace of mind. I have read as many of the forum posts as I can and I feel confident but there is always a way these companies get in your mind and try and play with you. I want to be ready for their nonsense !! GB
  21. Thanks andy. Can you point me in the direction of the link to the SB defence so I can make sure my wording is exactly what it needs to be. Also is there any advantage in leaving the defence until the last moment or should I just do it as soon as is possible ?
  22. Update..... I still have not heard anything further. Can anyone please advise me of the exact date that i need to enter a defence by ?
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