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battler1966

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About battler1966

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  1. I take it you have read my first post? In dispute since April 2016? I have also requested validation of the debt via letter on 2 occasions and have been ignored. No paperwork has EVER arrived at my house, no calls nothing so yes, it appears to be THE 1ST EVER fraudulent effort to obtain a credit card and APS are not helping me to get to the bottom of this and if I know nothing about the debt, how on earth can I answer the question about how it appeared on my CR.
  2. Hi As stated, it is not my debt so how can it be correct data? Please clarify if you could. Many thanks
  3. Hi Guys Despite my constant attempts to get APS Overdraft to 1. Supply me with evidence of the debt and 2. Mark it as default or in dispute They are constantly updating the report with a 6 marker but no default. The account shows no payment since March 2016 and hit 6 in Sept 2016. The message on the credit reports states; "agreed repayments are more than 3 months behind but you have agreed new repayments with the lender" which is total BS as I have never acknowledged the debt as it is not mine. My last letter to Equifax stated; Dear sirs This accoun
  4. The claim is for just shy of £10k including court costs that have been added. It is a single name claim (married, mortgage holder, no tangible assets to speak of solely in my name) I have been reading and it seems that the debt is covered by my BO (Under Section 382 of the Insolvency Act 1986) but how do I get further proof of it in addition to what i have submitted?
  5. Hi, I made the payment in December, 5 years after he lent me the money which was also the first contact (via email) I had had with him. This was also 2 1/2 years after my BO. All contact was made to stop him turning upon my doorstep, which he was doing constantly and by his own admission the court.
  6. That was the first payment since he lent me the money so in 5-6 years, nothing had been paid off it at all previously as I was laid off and out of work due to illness. Yes, the payment was made electronically.
  7. I foolishly made a payment under duress to get them off my doorstep a couple of years back, it was only AFTER my BO that I was told about the statute bar and my rights after discharge etc.
  8. Hi guys I was made bankrupt in October 2008 and was subsequently discharged 12 months later. In February I received a court claim from a personal debt that I forgot to include in the BO. I filed all the defence forms and the Judge ordered that I provide proof of my bankruptcy so they could consider the claim being struck out. I filed a copy of my credit report (showing date of BO and ref number), a letter from HMRC that was stating due to my BR my UTR was closed etc, a letter showing the release of interest from the OR in my property. I was unable to provide any more p
  9. Hi Guys Quick update, the Judge dismissed their claim completely and also told them that they were to pay all the costs for this hearing and not to add anything to our mortgage account. He also gave them a hell of a roasting for incompetence and time wasting. Happy days, thanks guys for all your assistance.
  10. Thanks Ell-enn Finished draft 1, here is the meat, anything need to be added? We did not attend the initial court hearing as I was informed by the claimant that the hearing set for the xx.xx.15 was procedural and after I granted my consent to them to change legal representation, they stated that no attendance by me was required. This conversation was recorded by the claimant. The details contained within xxx witness statement are incorrect relating to the both the last court date appearance and the total of arrears being paid off. The details contained within xxx witness st
  11. Hi Ell-enn Almost finished, just a quickie, the arrears showing have been split on the statement and the rest are showing as fees and costs balance plus additional interest. Is it those that should not be present on the statement? Sorry to be a pain...
  12. Thank you Ell-enn, I shall crack on with that now. I have done the maths and since the court date in '09 the arrears should have reduced by £6,500 but they have in fact reduced by £6,595. Hope this can be resolved, absolute nightmare without any warning, I thought they were just changing their solicitor as per my telephone conversation with them. Thanks again.
  13. UPDATE: Just spoken to a solicitor and he mentioned that I should note to the courts that the original date was only a procedural hearing and state the conversation instructing me that no attendance was needed was recorded by them. He also made a mention to the fees balance on the account (which are greater than the total arrears) may be unenforceable as a repayment plan was in place via the courts. Does this all sound correct? Thanks.
  14. Hi Guys I will try and keep this brief as I am after a bit of guidance. My mortgage company changed ownership last year and in February they sent us a notice that they were changing solicitors and as the property in subject to a SPO since Nov. 2009 they said it would need to be approved by the court. I rang them well in advance to the date and they asked if I consented to the change, I confirmed this and they then instructed me that we did not need to attend. After the court date I then received an adjournment notice to 16.04.15 (tomorrow) and shortly after I received a wi
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