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arcturus

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  1. On Tuesday I wrote a cheque for just under £500 to a painter decorator. At the time I wrote it, I did not have funds to pay it in my account but it is a joint account and my husband had agreed to pay some money in. Long story short, he didn't pay it in. On Friday I noticed the cheque debiting the account and taking it £200 overdrawn. We have no overdraft facility and I would expect such a cheque to therefore be returned unpaid. I went into my branch to see if they could tell me if it would be returned. They said they couldn't but they could stop the cheque. I asked them to do this for me (so that I could avoid charges and explain to the decorator and pay in two instalments) and they said they had stopped the cheque and it would re-credit my account later that day. By 8pm it had not re-credited so I phoned the bank. They said the cheque was being paid. I queried why when there were no funds and we do not have a good credit rating. I said I had been told the cheque had been stopped. They put me through to a customer care department where they said they would recredit the cheque and 'ask the payee to pay the money back'. At the time I was so relieved to not be £200 overdrawn (with no money then accessible to me at all, from any account) that I just said thank you. They even offered me £25 as a sorry for telling me they had stopped it when they hadn't. My bank statement still shows the cheque having gone out but a credit for the value of the cheque from 'customer care'. Now in the cold light of day I am wondering what they actually meant. Presumably the money would normally credit the payee's a/c on Monday. Will it not arrive? Or will it arrive then disappear the next day? Will they actually phone up the payee and say pay it back and if so, why on earth would they? I want to pay this bill as soon as I can but if my husband does not help I cannot pay it in full till 21st of this month. If the cheque recredits I fully expect the bank to take back their credit and I will then pay what I can to the decorator and pay the balance on 21st. But what happens if my bank can't get the funds back? Is that their loss or will they redebit and put me overdrawn again? Very confused - and also very confused as to why on earth they would let me go £200 overdrawn when they won't give me a planned overdraft of £50!!!!
  2. A few days before Christmas last year, I got a call from Bryan Carter & Co on a mobile number I had had for years advising me a CCJ had been awarded against me and I had 2 days to pay it or I would miss the payment deadline. I asked for details of the debt and they would give me no information other than the creditor and amount. It emerged it had been sent to an address I had moved from more than 2 years before. I said I disputed the debt as I had no idea what they were talking about but they were just saying I had to pay. On reading threads here, I wrote to them asking for a copy of the agreement etc. They replied saying that the creditor in question (The Moneyshop) didn't have to abide by the CCA and so they had no obligation to send me anything. I filled in an application to set aside the judgment and posted it off. They then sent me a letter with a single sheet of A4 with some cheque numbers and amounts and dates on it, saying this was my proof I owed the money. I said it was no proof at all and then they said that if I sent them proof that I had not been living at my old address on those dates they would tell the court to set the CCJ aside. I sent the proof, heard no more and received no notification of a hearing so assumed it was settled. Till a couple of months ago when Bryan Carter & Co sent me a letter to tell me they had a warrant of execution and bailiffs would be calling. I immediately filled in a new application to set the CCJ aside and sent it off. This time I got a date for a hearing at my local County Court. I didn't hear a word from BC. Today I attended my hearing with a very nice judge. BC didn't show but had sent the judge a letter in which they said their client had 'misplaced' the original paperwork but that the CCJ should not be set aside because I had not acted 'expeditiously'. The judge ruled in my favour and set the CCJ aside! She said that while it appeared the notice had been served correctly at my last known address, BC could not prove the debt was mine and it was their legal obligation to do so and their problem if they couldn't. She also felt I had acted expeditiously as I sent the current form off the day I got the letter about the warrant. She set the CCJ aside and said I have to file a defence within 14 days. Does anyone know if that is to the court that awarded the CCJ or the court I just attended?
  3. If anyone is interested, the CRB came back after 7 weeks and the PND wasn't on it - it said 'None recorded' in all sections.
  4. I have been offered an admin job in the Safeguarding department of my local council, subject to satisfactory Enhanced CRB Disclosure. In Jan 2007 I received a penalty notice for disorder for making a false report to police. There were mitigating circumstances and it wasn't a time of my life I particularly wanted to talk about so I hadn't told my potential employer as I had been led to believe it didn't go on my criminal record. From my research now, I understand it might come up on the disclosure, it might not - it's down to the Chief Police Officer as to whether or not they think it's relevant. However I understand Thames Valley Police don't have the best record for only putting relevant information. I also double checked my application form and although it only asks for convictions, cautions, reprimands or warnings, it does say that if you fail to tell them of any 'conviction or other sanction', you may face dismissal. I guess a PND counts as a sanction and so I should have told them? I am now not sure what is best to do. My CRB is in progress. Should I tell the employer now, before the CRB comes back, just in case? Are they likely to think it relevant and serious? It didn't involve children or vulnerable adults, if anything I was the vulnerable adult when I did it.
  5. Well I posted the N244 off this morning with copies of all correspondence and proof that I wasn't living at the address they served the claim form on when they served it. Let's hope the Court is reasonable!
  6. Just under £1200. The Court ordered £50 per month. BC's most recent letter says: We await hearing from you with your N244 form. The debt relates to a transaction that took place at the Money Shop. Money Shop transactions are for service and not for credit and are accordingly not governed by the Consumer Credit Act 1974. The Claim Form was served at xxx as was pre-action correspondence, this being the proper address for service as the last known address. If you did not reside at this address, please provide us with the evidence of your places of residence and we will consider setting aside the Judgment. [some BS about a phone call they lied about] We look forward to hearing from you with your proposals for payment or with details of a valid defence.
  7. Correction.... in the text from the County Court, BC said I had agreed to pay under ACCOUNT number, not AGREEMENT number. Thanks for the advice, that's what I've been planning to do, hope it works!
  8. The information the Court sent me also said I had been ordered to pay in monthly instalments so BC were talking garbage saying I had to pay it all in one go anyway. I pointed this out by letter and they tried to gloss over it. They don't seem to be backing down an inch.
  9. Yes, I have told them that I have not lived at that address for two and a half years. They said it was my last known address and therefore it was valid to serve it there. They won't tell me anything about the debt other than who it's to and the amount. I contacted the County Court and got them to send me the details they had. The only information BC had given was: 'The claimant's claim is for the balance due under an agreement which is now all payable. The defendant agreed to pay monthly in instalments under agreement number XXX but has failed to do so.' I have never agreed to pay monthly instalments on this debt because I never heard anything about it until just before Christmas! I have the form ready to send to set it aside but they are making me doubt now that I have a valid defence!
  10. Bryan Carter & Co phoned me on my mobile out of the blue just before Christmas, saying a CCJ had been registered against me and I had to pay within the next 3 days. The only information they would give me that it was a transaction with the Money Shop. Now, I have used the Money Shop in the past but I have no recollection of owing them any money. It's possible I do because I ran up a lot of debts during a period of mental breakdown a few years ago when I was living at the previous address where they say they sent all the forms. However this was in 2006 and I moved from that address in July 2007. I made a CCA request and they said that they didn't have to send me anything because the CCJ had already been registered. I therefore told them that I was applying to set aside the judgment on the grounds that I didn't receive the paperwork and that they had provided no details about the debt whatsoever so that I can't verify if it's a real debt or not. They replied saying that as the Money Shop provides services not credit, it is not regulated by the Consumer Credit Act and therefore my defence is not valid. They said they would only consider setting aside the judgment if I could prove I had never lived at my last known address. I am sending the application to set aside tomorrow but do I have a leg to stand on or are they right? I just want some evidence of this debt, I don't think that's too much to ask.
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