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nick20045

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Everything posted by nick20045

  1. Anyway, personally I think they are just using it as a threat. For a start they say you have to answer to the demand within 18 days. Bankruptcy in the United Kingdom - Wikipedia, the free encyclopedia says answer has to be within 21 days. BUT IF they do then do not worry. There is one easy way to get the demand thrown out of Court but I am not going to post it yet in case they are reading this thread. ;)
  2. No problem. Write back to them asking them to prove if they have a CCJ yet. As far as I know to make somebody bankrupt you have to have a CCJ first to prove why you have to make the person bankrupt. Otherwise anybody can say "I am owed money and want to make that person bankrupt". The ONLY person that can a person bankrupt without a CCJ is the person himself. i.e. You make yourself bankrupt.
  3. Ahhhhhhh we now know who is the wee man. Just so you will know I have replied to the pm by Martin3030.
  4. Incidentally, so you will know further, a Charging Order is something you register with the Land Registry. It stays there accuring interest at County Court rates (which is the same as the interest that was being claimed for the bank charges i.e. 8%) and then when the property is sold (or if the debtor falls in arrears and breaches any agreement the property is forced to be sold) the Charging Order is discharged. So how can you do a Charging Order on a car or furniture? :D
  5. As far as I know it doesn't. You cannot ask for a Charging Order for example on furniture. And in fact you cannot get a bailiff to confiscate furniture that is needed for normal day to day living either.
  6. So effectively, you bother them with daft letters and invoices. They look at you like a flea biting at a horses backside and then you go for a small amount. Oh a Charging Order (which shows how much you know about law) is actually done on the property so in the case of a DCA, as most probably it will be rented property, you cannot do one. Just a trick question to see how much you know. :D Suggestions!!!!!!!!! Go and do a bit reading and learn. Why the heck should I go around suing a DCA and then have to chase after it for £250. Jeez wept! I can put that in a simple Costs/Disbursements form. Just for info purposes................ if I want to sue I do it big style. Got an ongoing one at the moment which involves Durkin and Kpohraror and it is against a bank. Between losses suffered and damages looking at something in the region of about £15,00 to £20,000. I do not play with little kids but with the big boys. But I will give you one tip. (Seeing how you know so much). Use a court bailiff. A normal bailiff will most probably not want to touch you as they get the work from DCAs. A Court bailiff has to be impartial so do a search, find the nearest County Court to where they are based and then contact their bailiffs to execute.
  7. No. My family landed in Russia and now sell Russian meerkats for any harem. :D Simples.
  8. Why do you not go for a Charging Order. :D Bonny lad. Quite a few on here have had judgements against DCAs. All you need is for them to default. Here is a tip for you. Keep all the "bills" to under £250. Why? Because for them to challenge it in Court it will cost them more then that so they prefer a default then challenge. removed
  9. Just fill this in. Print it and upload it. Job done. http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=338 The English saying is: The proof is in the pudding And the "pudding" is that you have collected. Otherwise you aint got nothing.
  10. Already explained in Laura Cookes other thread. Already explained to you in your other thread how it works. Post 88 http://www.consumeractiongroup.co.uk/forum/citicards/244896-laura-cooke-citicard-5.html#post2739857 And if you want to see how it works read last page of this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/204622-halifax-mikeeb-help-defense.html And if you go to http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190222-notice-assignment-default-notices.html and you read the wording in the Notice of Assignment and Default Notice (i.e. How to submit the argument to the Court) you will see that default charges are unlawful. Now............ when you have something unlawful can you enforce it in court????????? Dont just go for one route. Try different ones. To make it unenforceable it is not just a faulty DN or a faulty agreement. There are other things.
  11. Link = at top of screen you have where it says Address. Highlight the thread link in there, right click and then paste it in your post. Simples.
  12. Eerrmmmmmmmmm We are not interested in reading a claim form. Anybody can do a claim form. Post a Judgement in your favour AND a copy of the cheque from the DCA sent paying the judgement.
  13. In my opinion that is not a valid DN. It is a covering letter referring you to what agreement you have with them and giving you different options with a threat at the bottom that if you do not comply, they will want the full amount and will default you with CRAs. As vint said for a DN to be valid it has to say what are the arrears, date to pay by and full total etc etc. BUT one thing I notice is that you seem to be "set" in certain things and not willing to investigate other routes. And two routes that you can investigate are: a: PPI and b: Default charges Default charges for a start will render the agreement unenforceable.
  14. Usually it helps if the OP makes a link to the thread they want somebody to look at.
  15. Read post no 88. Decided to have a look at your uploads and have told you what I personally think. Personally, (and again this is my personal opinion and anybody can challenge it or say otherwise) once again, UNLESS you can get a copy of the agreement and can rip it apart as being unenforceable, my opinion is that the only course of action you have is to challenge on Unfair Relationship if it went to Court. (It is suggested that a debtor never makes a claim against the creditor but let them sue you first). Just got over a headache and you gave me another trying to understand what you mean. Calm down and think. At the end of the day the maximum that can happen if you were to lose at court is that you explain to the judge your financial difficulties and pay token payments. Something like £4 a month. So do not panic.
  16. Shakespear with a lisp: 2p or not 2p Now that is the question. :D:D
  17. Have a read. Last few posts should give you an idea. http://www.consumeractiongroup.co.uk/forum/legal-issues/204622-halifax-mikeeb-help-defense-3.html#post2738475
  18. Just a couple of points: 1: Agree with vint. DN seems ok and do not think a Judge will throw it out 2: The debt has never been assigned. If you read the letter it does not say that "We have bought the debt". It says that they have been contacted by Citi to collect on their behalf. i.e. as agents To be honest, UNLESS you can get a copy of the agreement and can take it apart and find flaws in it, I would suggest you start looking at having everything terminated on the basis of Unfair Relationship due to the charges that have been added. Unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999 http://www.opsi.gov.uk/sr/sr2008/pdf/nisr_20080199_en.pdf
  19. No. Just gave me a headache just trying to read it which I stopped after about the 3rd line.
  20. I was under the impression that in McGuffick they failed to give a copy of the agreement. McGuffick started proceedings. The bank found the copy of the agreement but failed to send a statement. And in whichever case, I would contend that NO they do not have a right to issue a default because they can ONLY use my data as per what agreement I had agreed to. e.g. IF it said on the agreement asking me if I agreed to my data being used for marketing purposes to trusted third parties then THAT is all they can do with my data. Otherwise, are you trying to tell me that if I sign anything, you can use it to pass it on to Tom Dick Harry and half the population in the UK? So show me a copy of what I signed to see what authority I gave you and I will then agree. To me that is why, in fact, before they can default you they have to send you a letter to notify you of the possible default. You can then contest it using the Data Protection Act 1998.
  21. You are lucky in a way. I sent an SAR to my bank. They sent me a packet back that is about a 2 foot high full of documents. Still going through them.
  22. Also 6 years of statements. Any default charges on them? Any PPI on them? They all help getting any potential claim struck out.
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