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Jameson78

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About Jameson78

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  1. Hi there, Hope someone can help us.. This is about a company loan, for just over £30k, which was used to refinance the overdraft on the company current account. Company ceased trading last year due to becoming insolvent and has since been struck off the register and officially dissolved in November 2018. Looking at the loan agreement, the security of the loan was a PG by the director for the full loan amount and the loan schedule it also states that there is a Debenture held and granted in the limited company name. RBS are actively chasing us for this amount to be repaid, however, the sole director is of Italian citizenship and has absolutely no assets in the UK. I want to send RBS the following letter to remind them that the company is been dissolved and whatever PG they have they will not be able to enforce it as the director has no assets in the UK, just uses a residential address for correspondence. Is there anything they can do as the director lives abroad, with no assets in UK. Would you suggest I add anything else to the letter? Thanks in advance! Dear Sirs, Re: xxxxx Ltd Account Number: xxxxxxxx It is with deep regret that I must inform you that the above company ceased trading, last year, due to becoming insolvent. The difficult decision to cease all trading activities had been forced upon me so as to comply fully with my responsibilities in law as a company director. Unfortunately, the company had insufficient realisable assets and no funds with which to appoint an insolvency practitioner and thereby initiate a voluntary liquidation, and I was not, and still not, in a financial position to fund this personally, as a result, Companies House struck off the company from the register and the company was dissolved on 20 November 2018, which brought about a final resolution of the company’s affairs. I live abroad and have no assets in the UK and use the address above as correspondence only. Yours faithfully,
  2. Thanks renegadeimp & Jamberson I think I do recall that the signs say that a ticket must be displayed. I will write to them and explain - see what they say.
  3. Hello gang Looking for some advice, I received a PCN from Cambridgeshire County Council last Sunday for reason "Parked without payment of the parking charge - Code 11) I had bought a ticket for the period in question but a gust of wind it must have slipped it off the dashboard as I closed my door. I still have my ticket and I was wondering if I have a case to appeal and if there is a template you suggest I could use? I have never appealed before - never actually had a PCN before. It's for £50 but will be reduced to £25 if I pay within 14 days, which is next Sunday. Thanks for your help Jameson Thanks
  4. Hi Andy, An update: My gut feeling is that the Claimant is bluffing and probably doesn't have a sufficient copy of the agreement that totally complies with the CCA 1974. You raised some fantastic points which I believe I am able share with the Judge during my hearing, which on balance, we agree that the Judge should have no choice but to dismiss the claim. Currently, I have no CCJ's. My 2009/10 issued default notices have started to drop off my credit file. I have a few left that expire start of next year and by middle of 2016, my credit file will be "clean". The finishing line is just in front of me, it's in reach. Taking this into account, I have decided it is not worth the risk of going to Court to see what will happen on the day today, I contacted the claimants solicitor and asked straight away if they would consider an installment proposal via a Tomlin Order. I suggested a nominal but affordable monthly amount and sent my I&E electronically. Two hours later, the claimant telephoned me to confirm the proposal has been accepted and a draft Tomlin Order was sent to me to sign and return electronically which I signed and returned immediately. The Claimant said that the signed order has been lodged with the court and a copy passed to their agent in attendance in readiness for the hearing on Thursday. I was told there is no need for me to attend court but I think I will go to make sure that the order is approved - it is my local court and only a couple of miles away. Of course, a big weight has been lifted. There is part of me that says if I knew just a little more about the CCA 1974 then I would fancy my chances as I do like a fight. But there is also a part of me which says that had I gone into the hearing and and lost and later a CCJ recorded on my file, then all the other battles and victories I have been fighting over the past 6 years would be negated by this one CCJ which I could have avoided. Although it is not a victory with a capital V, it is a matter I can pay a little less thought to now. This can almost be put to bed now. I will update the thread when I have more news. I hope others continue to follow this thread and pick out invaluable info that you and the team have offered over the years. You're an angel Andy, and team. Thanks,
  5. Andy, i guess this is the big question. Regarding point 23.1. I agree with you, I did not admit to this debt. End of. However, If I was the DJ/Claimant I would want to know my answer to their point 23.2: 23.2 The Defendant clearly derived a benefit form using the credit card provided to him under the Agreement. I am sure this has come up on different threads, but what do you say to that in Court? How can it be rebutted? If I approach the Claimant and ask, say during a phone call, if they would consider a TO for the reasons I will set out during my call, doesn't this mean that I admit the debt and so in court the claimant could say that I offered a repayment proposal, therefore their point 23.1 is correct - I admit the debt? Sham, I don't have an issues representing myself and putting forward AN argument during the hearing. The question is, does a 2004 agreement/application form, photocopied on an A4 piece of paper constitute an original copy of an executed agreement, which is what the Judge has requested in it's Directions. Copies to be sent to all parties but originals must be brought to the hearing. They either have the original or they don't. As Andy says, they must have something to bring it this far or do they? That's the question. I am happy to call them and suggest a TO but not if they could use this as ammo on the day of the hearing.
  6. Andy, your * wink * is noted, and I agree. But, just privately between just us I am thinking about my MBNA/Restons thread from a few years ago, which you helped me resolve successfully with a Tomlin Order. You helped me avoid a CCJ by guiding me through the process. I can't help thinking about this as an option. The reason why I rejected mediation when offered is because I did not have the paperwork the Claimant referenced in its POC, until now, sent bundled as part of its WS. So what I am trying to say is, if things don't go my way during the hearing, is the proposal of a TO an option to avoid CCJ - reason based on late submission of WS/Bundle and no compliance to my CPR request? I'm going into this thinking as in your post above. I'm just trying to see if I have some wriggle room if thing don't go to plan. Thanks.
  7. Thanks Andy, 23.1 Noted and I will of course highlight the difference between having financial dealings in the past and admitting I entered into an agreement. Although it seems a little straw clutching, one thing I have learnt over the years is that it's all about the wording. Point 22 certainly is where the battle will be. Can they enforce the agreement if they produce copy of a microfiche/archived agreement? Here it is: Or do they have the actual original and will produce in court? I do take comfort from your post that they seemingly admit that they have been having difficulty in recovering said agreement. They must seem pretty confident whatever they have will be enforceable, otherwise why come this far? Perhaps they want me to capitulate and settle.
  8. Hi Andy, Yesterday I rang the Court to check if they have received the Claimant WS and the court confirmed that it has still not been filed. After this call, I wrote a 2nd letter to the Court and respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2),(a),(b,)© of the Civil Procedure Rules, or other such order as the court deems just. Late yesterday, I received an email from the Claimant which enclosed a PDF witness statement dated 20 November and a note stating a copy of the same has been filed with the court. 8 days late. I am angry that, in this case, there has been failure to comply to the Judges directions to issue paperwork to all parties at least 14 days before the hearing. The Claimant has flouted the order and "files" 6 days before the hearing. Their WS is as follows, after the standard introductions: PARTICULARS OF DEBT 6. The claim of the Claimant is for payment of the principle sum of £3,xxx.xx being the balance of monies due... Now produced and marked S1-7. is copy of the agreement. It's one page application agreement - I assume it's been micro-fished/archived and wonder if they have to produce the original at the hearing? 7. The Defendant's Agreement is regulated by the CCA 1974 and is dated XX June 2004. 8. Under the Agreement the Defendant was provided with a CC which was set up and serviced by the OC under the account number XXXX XXXX XXXX XXXX XXXX. 9. Now produced and marked S 8-31 is a copy of the Defendant's Statement of Account with the OC. 10. The exhibit above provides the following information: 10.1 The Defendant has clearly enjoyed the benefit of the credit facility provided by the OC under the Agreement. 10.2 The Defendant's last payment to the OC was made in the sum of £95.XX on 02 August 2009. This is wrong, it was £96.XX on 02 July 2009, as can be easily checked on the Claimants attached statement of account. 11. Now produced and market S32 is a copy of a Default Notice sent to the Defendant by the OC. dated XX November 2009. 12. The exhibit above provides the following information: 12.1 The DN sent to the Defendant was served under s87(1) of the CCC 1974 and the Defendant was provided with 28 days to pay the overdue amount of £2XX.XX from the date of the letter. 12.2 Should the Defendant not clear the overdue amount in the time frame specified within the DN, the OC would terminate the Defendant's account, issue a Statement of Default, and the Defendant would permanently lose all spending privileges in the account. 13. The Defendant failed to pay the overdue amount as stated above. 14. Accordingly, the OC sent a Statement of Default on XX December 2009, a copy of which is produced and marked XX 15. The exhibit above provides the following information: 15.1 The OC had officially placed the Defendant's account in default and the Defendant was notified that there was an outstanding balance left on his account of £3,XXX.XX; 15.2 The Defendant was notified that he had now lost all spending privileges on his account, and the OC now had the right to immediately demand full payment of the remaining balance owed. 16. The Claimant's Claim against the Defendant is for the outstanding sums under the Agreement which remain due and payable. The Claimant's entitlement to the outstanding sums is set out below: ASSIGNMENT OF DEBT 17. The rights and benefits of the Agreement were duly assigned from the Originating Creditor to the Claimant by way of a debt Sale Agreement on or around XX July 2014. 18. NOA was served upon the Defendant by the Claimant on XX August 2014 in accordance with the provisions of Section 136 of the Law of Property Act 1925. A copy of the NOA served upon the Defendant by the OC is produced and marked XX 19. The NOA clearly states that the Defendant's account with the OC is now owned by the Claimant. DEFENDANT'S DEFENCE 20. The Defence can be summarised as follows: 20.1 The Defendant alleges that the particulars of claim are vague; 20.2 The Defendant admits to having dealings with the OC in the past; 20.3 The Defendant alleges that he is unaware of any legal assignment served upon him; 20.4 The Defendant alleges that the amount under the Claimant's claim is not owed; as he has not been provided with a copy of the Credit Agreement or Default Notice; 20.5 The Defendant alleges that the Claimant has not responded to his request for documentation under CPR 31.14; and therefore considers the Agreement unenforceable. CLAIMANT'S RESPONSE 21. The Claimant unreservedly apologises to the court in the delay in providing documentation. 22. The Claimant is a debt purchaser and relies on obtaining documentation from the OC. As such the Claimant can encounter problems when trying to obtain documentation which has since been archived. 23. Form the evidence, the Claimant will state as follows: 23.1 The Defendant entered into the Agreement. The Defendant does not deny this. 23.2 The Defendant clearly derived a benefit form using the credit card provided to him under the Agreement. 23.3 The Defendant subsequently defaulted on his payment to the OC, and to the Claimant under the Agreement. 23.4 The Defendant is liable for this balance to the Claimant, as the assignee of the debt pursuant to the NOA adduced within this WS. 24. The Defendant's Defence serves no other purpose but to obfuscate. 25. The Defendant's Defence is entirely devoid of any merit on analysis of the Claimant's evidence. 26. It is clear form the overwhelming evidence adduced by the Claimant that the balance is due and owing and the Defendant is liable to the Claimant as the assignee of the debt for the sums claimed. 27. Pursuant to paragraphs 6 to 26 of this WS, the overwhelming evidence is that the Defendant is liable. CONCLUSION 28. In the first instance, the Claimant requests that the court exercise its directions under CPR 3.4 to strike out the Defendant's Defence as it does not disclose any reasonable grounds for defending the claim. 29. Alternatively, the Claimant requests that the Judgement be entered against the Defendant for the full amount plus interest and costs at the hearing fixed for this matter. STATEMENT OF TRUTH. The End. So that's all their cards in the table, so to speak. I did mention in my WS that there is an outstanding CCA request with the OC and that the OC should not have assigned this debt whilst this is outstanding. In this WS they also allude to documents being microfiche/archived, could this mean that they may not have a copy of the original agreement? Is this what the judge will want to see. On the directions it states that we must all bring original copies to the hearing. What do you think is the likely outcome here? Thanks for all your help Andy. Regards, J.
  9. Thanks Sham. I wrote to the Court and posted the letter recorded an hour ago. Will arrive tomorrow. Like Andy said, it's registered now and I will follow up by the end of the week.
  10. Greta thanks Andy, Will prepare a short letter addressed to the Court Manager tonight and send it tomorrow. Regards, Jameson
  11. Hi Andy, I waited until the very last day to send my WS to the claimant. To date, they have not sent me their copy. I have read your comments from a different thread on this matter where you advise a poster to never exchange until you have received theirs. However, my Notice of Allocation and directions does not state a specific penalty for not complying with the dates. It just states that the Judge may refuse to consider a document or take into account if a copy had not been sent to all parties no later than 14 days before the hearing. This is something I could not afford to risk and I feel I had no choice but to comply with my directions. I telephone the Court this afternoon and the Court confirmed that they have received my WS/Bundle but there is nothing on their system to show that the Claimant has sent theirs. The Court confirmed that they have paid their hearing fee and there is a possibility that the Claimant may have filed their WS at the same time, but someone should have put it in the system at the time. To conclude it would be fair to assume that the Claimant has not sent the Court their WS. Hmmm. Time is running out. What is clear that we are approaching 7 days before the hearing and no sign of their correspondence. Clearly the Claimant is not following directions here. Do I formally let the Court know that I have not received their WS as per instructions in the directions? Thanks J.
  12. Will do. I will ensure they receive on the 14th day before the hearing, as my directions. Hope they play ball too.
  13. Thanks Andy, I will go over once more and tidy up the areas that I appear to repeat and send to court and claimant next week. Have a nice weekend
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