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Everything posted by Nobby_v

  1. Had a client with a similar problem. I have written to the debt collector asking for the later default to be removed. Default should be within three months of the first date of non payment. My understanding is that only the original creditor can place a default on file. No reply from them yet.
  2. Firstly drop them a line -post it, take a copy first. Write out by hand if ness... Dear Sirs. MoorCroft Reference Due to my present situation and the illness of my partner I am struggling to cope with your constant calls. I can now only deal with this matter in writing. Please cease all calls with immediate effect. Given my present circumstances I am only in a position to make a token payment of £1 per month towards this debt, this will be paid by standing order. Please send me your bank details. I hope to be able to engage with you some more once my stress levels have reduced. Yours faithfully. xxxxx Then block them on your mobile/landline (if possible). You don't have to feel stressed by this people. Provided the debt is legitimate and not a 'bum biting debt' then the token payment will work - but don't let them bully you. More information below (sorry CA - couldn't find your link). Harassment by creditors WWW.CITIZENSADVICE.ORG.UK How creditors are supposed to behave when they are trying to recover their money, what kind of behaviour is not acceptable and how to tell if you are...
  3. Couple of things. 1. treat all creditors equally if you are in a debt mess. 2. If money is tight, offer a token payment only - £1 per month until things get better. 3. Only deal with debt collectors in writing. Make them write to you and you write back, no phone, no email. These things will create a breathing space for you. If you have not not yet created a priority debt list yet do so. Bite your on the bum debt - needs to be deal with first - mortgage/rent council tax, inland revenue all need to be dealt with before credit debt.
  4. Ok no pms. Was not trying to flout rules. For sure, add in the last year amount that was ommited and drop a note in. Just be honest. You should be able to get this keyed in now. If you don't have access to the revenue site, I'd get a shimmy on.
  5. Oh. I don't understand the indemnity. If it was a business expense that has come back and it was an expense last year than it needs to be entered in back on the income side.
  6. Don't see a major issue with any of that. 1 IT equipment upto £2k is normally ok. 2 daughters cost, provided it has been transferred then no problem. Mp's do it all the time and it's below the ni and tax thresholds. Depending on the business£18k does not sound unreasonable. I've spent the last thirty years doing my own tax returns. Get in touch if you are stuck, if I can help I will. - not sure if that breaks forum rules. Sorry if it does.
  7. Not a specialist but I have successfully defended myself against one. Seems poorly worded. Be interested see what others think.
  8. That is how I would deal with it. An attempt to force them to reveal their hand, and being very clear. These people are a pain, and they have apply due process. After action fraud, an ' in ' is missing.
  9. Fair point. Mind you, similar noted forced NCP's lot to respond over a parking. The didn't turn up for court tho... Happy Saturday.
  10. Hold back on any evidence or references, they are not need for the time being. Or even as Dx100... replied as above. I would respond in the following manner. References etc. .. The demand made is an abuse of process. So far you have ignored any "pre court protocol" and I request for any claim to be closed - what you are threatening is an abuse of the legal process. Any attempt at formal legal action will of course have an immediate request that it is struck out as it has no chance of success. It’s clear that you do not have no intention of adhering to a formal process and are hoping that I will settle this matter. Your client is in breach of a number of consumer protections that have been in place for many years, and the service provided was not fair or acceptable which is how I successfully managed to recover the funds already paid, that claim went unchallenged. Given that your client has had the opportunity to discuss this well in advance of your involvement I am surprised you are attempting to pursue. In order for me to continue discussing this matter with you please provide full details of the dispute, the signed copies of the contractual agreement and an explanation as to why there was no attempt to settle this at the time of the Section 75 process. As you will be aware, if there was any liability under any contract I would not have been able to use this process. I look forward to hearing from you in relation to the above points. Please do not send me any further correspondence with out answering the above points which I believe is a far and reasonable response. If you do write without supporting evidence I will take the matter up with my MP and the local police as an example of harassment. Note that this matter is already under investigation by trading standards/action fraud which you are now implicated in.
  11. These people also stalk these forums. They are public after all. They think that by bullying you, you will settle it. As I have said before, it's stressing me and it's not even my case. Drop them a line - tell them if they think they have case against you, their client can take it to mediation which you are happy to do they can adhere to the pre court protocols in full and then take you to court. These people are utter b******s. Ignore them. Report it to your MP. Wait and see if they dare take action. If they do, then deal with it then. This is just one big game to them. Richard
  12. I don't think it will get that far. Write to them, ask them for the evidence. Offer them ADR Wait and see. Richard
  13. The county court service is designed to be used by consumers. Here are the rules that all must comply with. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct an outline of the rules But I would be inclined to write to these people. As far as you are concerned their part of the contract has not been fulfilled and there is no further liability for payment. Ask them to confirm the basis for the claim. Ask hem to provide all documentary evidence they have in order to support their claim. Offer them dispute resolution Then wait to see what happens - i'm finding it stressful just reading the thread. But don't let these people bully you. The court service is there for both of us, not just them. Richard
  14. Personally I feel that all of these things are sent to test us. If they think they have a case against you then let them take their chances in court. In nearly all of these cases, they are just trying to bully you into settlement. It's a numbers game for these legal firms and debt collectors - send ten letters - get one settlement. Profit made, they move on. Then the list of debts get sold on to another and then another.... Collate the evidence and your reasons for non payment. If they think they have a case, let them tell that to the court. If the court decides against you then you've been unlucky. Balance of probability in my thinking is that will never happen. However the stress of mithering over it will shorten your life. They know that if they harass you sufficiently you'll pay. Not because there is anything they can legally. This is not a business that is run for legitimate purposes - it's whole reason for being is to perpetuate at near scam levels. Learn the lesson, move on. Richard
  15. My client rate for freelance work is £200 it's just me making them slightly less important. But, if was to ask a solicitor to respond that is probably what it would cost
  16. I would deal with this the same as I deal with the Parking People. 1. Get stroppy - fight for your money back. 2. Tell the debt collectors - this is harassment - and charge them £196 every time they write to you. 3. Court action for the return of your funds. Or write off what you've paid and accept the lesson on the chin - but maintain the issue with the debt collectors if they pursue. These people are utter [Insert Your Own Words Here] Richard (Nobby) PS Oh and edit the post to put some space in the post if you can.
  17. Got the same issue at the moment with Hermes. Mobile phone sold on eBay. Used the eBay services for posting. Hermes lost the parcel after collecting it. But have to wait 14 days. Overall pretty poor but will take county court action for the costs. If I find out more I'll post here. Amazon usually credit once the item is collected. Pretty messy.
  18. They have the goods back. You may not receive one. You could he worrying for nothing. There is a good chance you won't hear anything. Take a deep breath, stop worrying. When the email or letter arrives deal with it. It's a civil matter, no police will call, social services won't be told. It's not criminal. Rlp is not a fine, it's a request for compensation to them. As there was no loss it's difficult to ask for compensation. Meanwhile, don't do it again.
  19. Deadpiratesteve - thank you for that and the link. I suspected that, have used the Shelter site before just not for that. Thanks again.
  20. My understanding is that's all periodic tenancies become a monthly rolling contract at the end. However we were told by our agent that was not the case and our yearly contract would end causing the landlord to serve notice. it will be interesting to find out the answer from someone that understands the legalities of this.
  21. Potentially, the assets of the marriage will be spilt. There are lots of issues here and questions arising. If you want to stay married, then simply rewrite your Will, cutting her out from your estate. Make provision for her with a token gift and leave the rest to your daughter. If your daughter is still a minor on death it will be easy for your wife to contest the gift but any decision will be made by the court and not you. Is the house owned in joint names? Bottom line here is, whilst you are married she will be entitled to claim - which is fair under English law, she may also be entitled on divorce. There are lots of ways this can go against you/her. You will need consider your options and plan accordingly. But doing nothing is not a option, not really.
  22. Honeybee13 sure would concur. Meanwhile the law is clear on these issues. Key for him will be do get a divorce under way and deal with the 'child issues'. The Will, will then become a secondary issue.
  23. You don't need to leave a valid will. Which means you can destroy your current document. Divorce or marriage means your Will be invalidated - so it will need to be redone (there are some nuances here). If you die without leaving a 'valid Will' your estate will be 'intestate' https://www.gov.uk/inherits-someone-dies-without-will you can rewrite your will leaving her out of it - but she will be able to contest that, meanwhile if she dies as US national there may be further complications. Meanwhile, start the divorce proceedings.
  24. This seems to be a commercial matter, not a consumer one. I suggest you refer to the original contract with them which will outline the rights and obligations of each party. If one has breached the terms then you have a right to end the contract or take action. Specific legal advice may well be required.
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