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sean28

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  1. Thanks you your frank and honest comments, that's what I like about this site, you get every possible angle. Well I thought all along that she would have the upper hand as mum was too trusting to get all the money witnessed or signed for. She has got her to sign on the same piece of paper where mum takes the balance from so that may help. If mum does nothing she'll get nothing so if she sues and gets nothing at least she has dragged her name through the courts and may help to warn others. I only found out today that my elder brother (not wiser though) has also lent her £3000 last Oct and only had 100 back. I'm now going to help him sue as well, as he has a written agreement and signed. I may wait a few weeks until I can secure her trust on mums loan. As for the Police and splitting the family, I think the damage is already done. Where not a close family like that but mum is still close to her sister but she has had a gut full as well. I hope the Police at least investigate as this will show we mean business. I like your train of thought on the underhand way of getting her to sign an agreement to acknowledge the amount she owes, nice plan, I'll let you know the result. I might even not go to the Police yet, I'll use it as a bargining tool for her to sign. Thank you Sean28
  2. Thnaks everyone for the feed back and advice. She and her husband both live in rented accomadation and as far as I know have no real assest. Even just to see them in court would be good as it stands now mum is unlikely to get her money back so name and shame me be sweet justise. If a court did award in full can we then go for an attachment order against their wages? As for the Police it is a route we are thinking of any. As for her parents (mum's sister) she owes them 21k. but it doesn't stop there. She owes a friend 5k, my brother 3k500, any probably many more. I knew the small court was only up to 5000, but at the end of the day if mum gets the loan and card paid that would be great. Solicitors and C A B have all said much the same about taking her to the small courts but the reality of actually get anything back is small. Once again thank you all for the advice I'll keep you posted. As I'm also help my brother sue her for his first. Sean28
  3. Hi not used this site since I sued Barclays and Won, so I knew this was the place to come for some good sound advice. My mum lent her niece and her then husband over 13k over a three-year period and has been trying to get it back with out any joy. It first started when they came in to difficulty with money and needed to sell the house to pay other debtors. My mum foolishly lent them all her savings of 8k. Over the next year month’s etc. they kept coming back for more after seeing how easy they got the first lot, mum even borrowed on her credit card to give them a further £1400. They even persuaded mum to take out a loan for 5k to help with the selling of the house on the under standing it would be paid in full after the sale. Since she and her husband have now parted and the house sold she still owes mum a lot of money, and false promises that it will be sorted. Any profut has been placed into her son’s account. Since the loan was taken out she started to pay the £154 monthly payments but they have now stopped as well and mum is paying that as well, and working all hours to make ends meet. In her mind mum has excepted that she will never get her savings back but needs the loan and credit card settled. I’m thinking of starting legal proceedings against her through the small claims court but would like some advice on how likely we our of getting our money back. Mum has some signed pieces of paper of how much was borrowed and the running total of payments back (which aren’t many) but is this enough too take to court. One piece of key evidence is a headed letter from C&G building society addressed to them but written to mum saying that they needed£2700 to help secure a loan against the house of £43k, this is when the loan was taken out. One look at the letter and you could see they had typed the middle part and placed it over an original and photo copied it. Surely this is obtaining money through deception. Should I start by sending a LBA and 14 days after a final letter and waiting the 28 days and then submitting court action? Do I take court action against them both as even though the niece signed the pieces of paper his name was on the forged C&G leeter? We await some advice.
  4. Thanks for your opinion, I have since received a call from a charming lady called Mrs Chambers, as my claim was for £1498 + 120 cost, I was offered £1467. She said that there was some discretion within my calculations and the figure was about £157 less than mine. As I can't be sure of the correct interest levels used I swayed it to thinking of taking the offer. I will be phoning her agian. Any thoughts please. Sean28
  5. Hello, every one Been away from here for a littkle while. My court date is fast approaching on the first of March, at what date should I contact Barclays or should I wait for them to contact myself. Thanks in advance Sean28
  6. Hi again, thanks for the support, it felt quite good actually posting the bundles off, and knowing this is nearing the final home straight. As you say just a case of waiting for a response. Court date is booked for 1st March, so I'll give it to mid Feb before I start thinking of contact with them. Will keep you posted. Sean28
  7. Just a quick up date every body. Court bundle now ready and in a anice presentable pack. Will post over the weekend (recorded delivery) to both court & bank. Sean 28
  8. Thank you jigrfor the PM, will keep you all posted. Sean28
  9. Mnay, thanks once again jigr69, will PM you later whwn I've worked out how!! Sean28
  10. Hi everone. Not been on over the Xmas period as awaiting a court date. A belated Happy New Year to All. Just received my court date through the post this morning, and have been given the 1st March. No real problems with that but he notice has a something in it that I've not heard about on other threads and it is in capital letters so it must be important, It says: PLEASE NOTE: THIS CASE HAS BEEN ALLOCATED A SECOND FIXTURE LISTING. pARTIES SHOULD BE AWARE THAT SHOULD THE FIRST FIXTURE LISTING BE EFFECTIVE, THIS CASE WILL NOT PROCEED ON THE ABOVE DATE. Q: Is this standard or not and what does it actually mean? Q: I have my court bundle already but when is the best time to send? Q: When if at all is the best time to phone the bank to see if they wish to settle? if somebody could help and answer these I would be very much grateful. Sean28
  11. Thanks for that jrgi69, I have yet to receive a court date, so will refrain for phoning until then at least. Will keep you posted. Sean28
  12. Hello everyone, Just got back from handing in my AQ AND AS m4n said I didn't have to pay as my claim was for £1498 + court cost on top, so it was under the £1500 limit. handed it in two weeks early so hopefully this will speed things up. I've read a lot of threads over the months where people phone the banks to "talk" about there claim and to see how it is going, in th ehpe of settling early. Is this awise thing to do and if so, at what stage of the claim should it be done. As of yet i ahven't been given a court date. Bye for now. Sean 28
  13. Thanks for that deller1, will keep you all posted Sean28
  14. WHAT A NICE START TO THE FESTIVE PERIOD......... WELL DONE WELSHMAN.
  15. First thing first. CONGRATULATIONS TO WELSHMAN, nice early xmas present Just had my letter from the courts transferring it to the Bodmin county court, and attached the N149 Allocation Questionaire. Their defence is fairly the same as every one else's I have read like Welshmans etc. I will complete the form in the next day or so, but just a few quick questions. 1. With the section G part I have copied and pasted it from Welshman's thread, can I print this on to the AQ? 2. Have already compiled my bundle and just read some where about the number of pages, mine comes to 86. It only includes the relevant pages from my statements not all pages. Does this seem enough pages for a complete bundle? 3. Do I send my bundle in with my AQ or take it in with me if it gets to court? Any help gratefully recieved. Sean28
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