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the worm that turned

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Everything posted by the worm that turned

  1. Thanks again - and yes I agree. I will wait and see what transpires. Looking through my correspondence I can see that they (3rd party) tried it on again late 2014 and early in 2015 and I made it EXTREMELY clear that no contract exists and denied all claims they made and explained that all future correspondence will be RTS. Nada since in over 2 years. Do you happen to know the timeline for provision of NoA? I would like to know to satisfy my own curiosity.
  2. Thanks Andy - sorry my two previous posts weren't the clearest!! They (NatWest) received an ex gratia without prejudice payment (settlement) from me. Not the other way around.
  3. Thanks dx100uk. BTW I never received a Notice of Assignment, which I assume should have come from the 3rd party upon when they claim it was assigned to them by the original lender. Is there a time limit for the provision of a NoA? I suppose I could carry out a SAR but why stir up a hornets nest when the Default will drop off very soon. So therefore I assume the only outstanding point then is as to whether they 3rd party feels they have a claim to the alleged debt and if so will have approx 8 months to do something about it before it becomes statute barred.
  4. Notice of Discontinuance by the Claimant (NatWest) - after receiving settlement of course.
  5. Thanks for your input Uncle B. I just want to clarify a few points on what you have said. Is it 6 clear years from last payment to 3rd party or to original lender? Do you have a reference to such information i.e. is it in the statute you refer to (Limitations Act 1980)? As to the following: That is a bit of a contradiction there. If they didn't reject the settlement offer (and bear in mind they had 5 opportunities to do so but in each case physically removed a stapled cheque) then they must have accepted it. Actions speak louder than words, and as far as I am aware, the
  6. Just for completeness I can confirm that this was settled out of court in the end.
  7. Hello All - I hope you can offer some thoughts on the below please. I had a reasonably large CC debt with a large organisation and challenged the validity of their paperwork etc approximately 7 years ago. There was lots of correspondence between us but eventually the marked it as defaulted (soon to be 6 year anniversary of default). I made an offer to settle with original lender via 5 equal monthly payments for approx 12% of original alleged debt. This took the form of an offer in writing and with a cheque for the first payment stapled to the offer. They removed the cheque and cashed
  8. BTW I now have this as written evidence, following a SAR from the Bank. Copy of written transcript that supports what I said and what is in the recording I have. The mis-selling of the account in the first place is now in the hands of the FOS.
  9. Both parties agreed to the CCJ being set aside and struck from the register without the need for a hearing and an officially stamped copy of the order was received from the court today. I now have a month to submit my defence. Happy days
  10. Cheers. I agree that they will argue this, I will argue the other and the Judge will make his/her decision. I am hopeful that they will agree to set aside the Judgment without a hearing as it is the right thing to do. But is that likely...
  11. Well in that case I will need to write the conversation down into an affidavit and submit it as evidence I guess.
  12. Well I have it in two recorded conversations. Good enough? I kind of take people on their word. How foolish of me hey?
  13. They promised that they would offer me a chance to defend before applying for Judgment. As a LIP I assumed that would be an actual offer to defend. Silly me. What they in fact did was send me a threatening letter about paying the debt or otherwise they would apply for a Charging Order (which is not even possible without a CCJ or other order, which there wasn't at the time). Hardly an offer to submit a defence. Lovely bunch. This was after they had accepted a payment to bring matters to a conclusion and mark the account as settled with all CRAs. Oh, and then lying in a Witne
  14. The first page of the thread you linked appears to suggest it would be a contract and therefore a payment under the terms of the contract rather than the payment being a gift.
  15. OK, then allow me to add some meat to the bones... dx100uk, hypothetically speaking of course, imagine that you loaned me £10,000.00 (you were feeling generous) and I agreed to pay you the money back in instalments of £1,000.00 a month, we would have an unregulated agreement and of course, assuming we met all the other criteria for the formation of a contract, a bi-lateral contract would exist. Now, unfortunately after a few months of paying you this money both I and my wife were made redundant, and after reviewing our financial situation we were forced to reassess our existing oblig
  16. Although the information here may in some way apply to my circumstances, I am hopeful that the discussion will prove useful to others. I am attempting to ascertain the rules/law regarding the receipt of offers by a bank (or other financial institution) both before and after a default is registered on an account. So some questions that will hopefully help with the discussion: If a bank is sent an offer from the debtor for monthly payments on a debt that is not in default, with the first payment attached via a stapled cheque made payable to the bank, and the bank removes and ca
  17. I had a further chat with my legal friend, who is also confident that I should be able to deal with this without her assistance, besides it wouldn't be her representing me so I would have to pay a colleague! Regardless of the 'already paid in full' argument, which the Bank could attempt to argue, she made me aware that my strongest argument for set aside is that the Claimant never made me aware of the application for lifting of the stay and judgment in default. In other words, I only received notice of the Judgment following me contacting the court and informing them of
  18. Thanks Andy. I am sure it is simple stuff for her, but I have already taken up a lot of her time discussing the ins and outs of the history. I assumed I could handle the set-aside myself and she said get back to her if I couldn't! Hopefully I can from what you guys are saying. The reason I asked about the claim being satisfied is because I wasn't sure if that part of the CPR meant that both parties had to agree in writing or something similar to it being satisfied. I am satisfied that it is settled as the Bank physically had to remove a cheque stapled to a letter containing an
  19. Just checking, but do you mean the WS I have already submitted with the application? Reading the link you gave, where it states How is the satisfied part determined?
  20. That is reassuring. The last time I had a hearing as LIP (strike out of defence (mine)) I got firmly shafted on the day and don't want the same again!!! Is there somewhere either on CAG or elsewhere where I can gain a good understanding of what I need to prepare document wise prior to and on the day of the hearing please? Are there requirements for Witness Statements to be served on the other party etc? Many thanks! A WS setting out that the claim had been stayed for a LONG time, that the bank (in recorded conversations) had assured me I would be afforded an opportunity
  21. I have received a date for a hearing in my local county court for my application for the judgment in default to be set aside. Now although I appreciate the kind and free advice my friend's wife has provided me, I would be keen to hear on this site whether others have been to such a hearing, what is involved, and whether it is something I should attempt to tackle on the day as litigant in person, or hire a solicitor to represent me. Your comments are highly appreciated! Cheers TWTT
  22. Correct, to stop malpractice completely requires a large effort from many. However reporting individual cases of malpractice to the regulating authorities is a good and relatively cheap step to ensure that these people are held to account. I had some great news earlier as I spoke at length with my friend's wife who is a solicitor and explained all and shared some of the documentation. She agrees with me on my assessment that there is no debt outstanding and is shocked at what the bank and its solicitors have done to me and more importantly, has agreed to assist me :-D:whoo:
  23. I've had varying success with these types including DCA writing off 6000+ as gesture of goodwill I don't like liars though!!
  24. That's not the spirit I expect from Consumer Action Group, I thought you would encourage me to let them have it!
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