Smoothound
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Everything posted by Smoothound
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Yes that's the one
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Thanks dx100uk. I was sort of under the impression once I started talking to them and agreed an F&F it would get marked as settled and show on my history again? If this is not the case then I will talk to them and see what I can agree!
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Hi All, It's been a while and I'm just after the best way to go with a couple of CCJ's that are off my credit history and my current Experian score is 999. Been paying £25pm on both for ages but I'd like to get them done and dusted by getting agreed in writing F&F but would hope to not mess with my credit score due to up coming projects that may rely on it. I had an email today from the Hoist one offering a settlement of around £5k on a £10k balance but I'm not sure how this would affect my score if I agreed or raised my head and offered them £2k to settle? Your advice please
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Phoned the court they say I can apply to vary but in the meantime I am likely to get a visit from the bailiffs to enforce the judgement. In real terms what are they likely to do? We have nothing of real value for them to take so are they likely to just go for a charge on the house or something else?
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No response from the Claimant so far
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Yeah it is. Think I've ignored it before
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Well I won't be able to do that for nearly 3 weeks as I don't have £50 to spare till I get paid I'll email the Claimant as a start I guess One of the others I am paying an amount to every month has now sent a letter out asking for a breakdown of my current finances. I guess bad news travels fast
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How would I go about that
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CCJ delivered by hand today it appears. I obviously don't have the money to pay it in full so how do I proceed to get it changed to a sensible monthly amount
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Is there a set layout if I write to them to make some sort of offer?
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Small Claims I'm not really sure how to put my WS together as I said earlier in thread. I'm not good at this sort of thing! I may try writing to them this weekend but I won't hold much hope as I'm sure the robbing gits will want the full amount at a stupid rate per month even though the debt cost them peanuts
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Out of time now I guess. Another one for the queen!
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Attached Yes opening date is 25/2/2008 I will try and do WS tomorrow but I'm running out of time to do mine now They were late paying their Fees and late serving these documents on me as I mentioned further up this thread and Andy said we should hold off and see if anything arrived which it has. I would assume they sent an already dated and signed agreement purely because I can see no reason why I would have forward dated it if/when I signed it??
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The dn and other docs were put up a page back I'm at work so not got papers with me. I have statements and dn which I put up earlier in thread. Loan was for £15k originally. Hearing is on the 8th. I have not done my statement because as I've said before I don't understand it really plus they didn't pay on time nor did they send docs on time so I hoped it would not go the whole way! Now they have supplied docs appears I'm done for
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OK accepted but reason I came late was that the Claim arrived while I was away as said before and the SAR CCA went in and they failed to respond at all so although late they were never going to respond As far as asking the bank for info what do I need to ask for. The start date is correct for starters that I know for sure?
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Well that was my bad then as I mentioned SAR and all that was said was CPR and CCA and forget Satans Bank
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I'd say the date on the agreement is correct. I have no statements that old and I have never SAR'd Abbey was advised not to bother near beginning of thread. Running out of time to do anything now as Hearing is on 8/10 and I need to return my Witness Statement 14 days prior to that
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All docs attached except the Witness Statement that will need a fair amount of editing and I am pushed for time currently, work etc. Hopefully I've removed everything I need to and not too much. Any comments not sure where to go with this? Do I just roll over or is there anyything I can do?
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I am sure it was 2008 but at work so can't check currently 2/2008 Best course of action now please?
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Blurry CCA Witness Statement 2 photovcopies of my proof of address and signature DN Notice of Assignment Name change doc from Abbey to Santander Account statements
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Paperwork arrived today
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Nothing arrived here today either
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Thanks Andy. So my SD will just be my CPR letter and my CCA letter there were no replies to either. Do I also need to include copies of proof of posting and signatures? Just reading my defence I didn't mention the CPR letter directly so not sure whether that should be included or not? " 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request. 3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding paragraph 2, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 4. Paragraph 3 & 4 are denied as The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant. 5. On the 23th May 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim. 6.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief."
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Right just phoned the woman said there was nothing on the system but it may be there just not been opened and logged on yet. I have received nothing in the post today from them!!
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I am just confused by it all Andy Just reading the notice of allocation to fast track and the hearing is set for 8/10/15 I have until 14 days prior to that to get all this paper work to the court and claimant it also says at the top of the letter that the claimant by 10/9/15 file and serve 6 documents I have received nothing or is this just to the court?
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