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My Way

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Everything posted by My Way

  1. Have received Court Claim and as a result of making CPR request have now got copy of original agreement and statements from loan account together with letter of default. What is the most efficient way to establish whether I can or cannot build a defence case - a lawyer I know but dont have that sort of money.
  2. Thanks - Fixed Sum Loan Agreement used to finance a balloon payment due at the end of a hire purchase agreement. Both supplied by the same company but after 7 years without problems redundancy led to difficulty. I sold the car but the proceeds came up short leaving around 4.5 - 5k outstanding (against an original loan of 47k). The company was advised and in line with CCCS advice offered a token payment until circumstances changed. They were asked to freeze interest and charges but never have which has seen that debt rise to the 6.2k they're now claiming through the court. Despite complying with all their requests for income and expenditure details they sent a notice of termination in June 2011, another notice (doesnt say what notice it is) detailing most recent 6 months transactions followed by a solicitors letter / demand and now court claim. At each step I've written back requesting support and patience but to no avail.
  3. The past 4 hours of research has probably armed me with that amount of information that is more than useful but possibly dangerous! Would anyone else find a simple decision tree useful? I'd be happy to start something off based on real scenario as follows: I've received court claim from one of a number of creditors - based on telephone conversation they'll be after charging order on property -I'd prefer to avoid a) not a lot of equity , b) places them in advantageous position over larger creditors and c) they had security to begin with over the car but because they exaggerated on future value it hasnt worked out So firstly from a moral perspective I'm certain I want to resist which might be the 1st decision point. Then, can I? Amount claimed contains high levels of charges despite them being asked to freeze interest and charges as soon as problems emerged - I dont know how they've arrived at their claimed amount. Agreement - I have a copy of the original agreement and based on what I've seen can't see any obvious issue - who know's however whether they have a copy. Agreement dates back to Sept 06 so less than 6 years old. Payments: I have kept up token payments in line with CCCS advice and furnished them with supporting income & expenditure details and evidence. Initially they had gone along with this but recently wrote claiming payments hadn't ben made -I challenged and they accepted then that they had a systems error -these payments (although not to the size they'd like) had been received. Soon after, Legal firm appointed and bang - Court Claim lands. Not sure whether I challenge the whole claim, ask for the agreement under CPR 31.14 along with transactional history, or accept partial liability. Any advice gratefully received,
  4. In short - Business was funded through an Invoice Discounting arrangement with RBS that was backed by Personnal Guarantees on my former partner and I. The business was a casualty of late 2008 downturn and prompted by the Banks lack of support went into liquidation. At the time the Bank were owed c.£85k secured against the book debts. Without any cooperatin from RBS we collected £81k over the next few months so were suprised to receive a demand for £25k 4 months later. After 12 months of repeatedly asking for evidence of how this balance can be, two CCJ's were issued against my partner and I. We challenged these today and whilst the judge was very sympathetic to our case there existed a "Conclusive Evidence" Clause that effectively means that provided the Bank produces a Certificate of Indebtedness then we have no means of challenge. So there we have it -the Bank can put whatever they like on such a form and dont have to justify it or demonstate reasonableness in any shape or form. So a debt that stood at £4k beacme £25k and eventually £36k -no justification, no questions asked of them. A small clause 3 lines long in the PG = your screwed. I would suggest anyone out there that has PG's in place at least attempts to add a line suggesting reasonableness etc, based on my experience today. Banks of course will not agree but my experience is that this clause is there to be abused. Hope this sad story might help someone.
  5. Sorry for the late response. I dont have the information you have asked for -I guess I can request this from the card provider? In approximate terms the 1st repayment was early 2004 or 2005. Charges were approximately £27 per month and ran from start date to early 2009. The amount was added to the card balance and interest was charged at their standard (but inflated) rate of c.26%+ I've read somewhere here the technical term used to request all information held relating to the account and perhaps I should act on this unless the above facts suggest otherwise? Many thanks.
  6. Sky response ref PPI.pdf Hope the above works. Basic scenario here is that this PPI was just simply added - I never ever buy these offers. I asked the lender to confirm my authority to purchase and got this letter back. Didnt follow up because a) was struggling with all debt payments and thought they'd just see this as diversionery and b) all looked complicated as a process. Have just come across this site and feel re-energised to take up the fight. Thanks for any tips
  7. I would like to get some opinion on a letter recieved but struggling to see how to get the image up. Ive scanned the image that is now a word file and I've used "Draw rectangles" to blank out personal data. That said, if I upload it as a word file I guess any reader can remover the rectangles that are protecting personal data. I also tried Copy - Paste of the image into this box. Didnt work. Thanks.
  8. Just checked their letter and it just says the account has been passed to them as a 3rd party collection agent for recovery. I dont have the original correspondence that moved the account from Sky to Barclaycard but think the latter just acquired all (arrears and non-arrears) accounts from Sky. So I'm not really sure a) who to pursue and b) method of pursuit i.e. should I take the case up from the point at which I received Sky letter claiming I agreed the plan by phone. Many thanks
  9. Original credit card taken out with Sky Card who included PPI without my agreement -I challenged this mid 2009 whereupon they claimed I agreed the plan at the time the card was opened by phone. Their letter also states that whilst they record calls they have no record of this such call. I didnt pursue this (too many other debt challenges overloaded me) and soon after Barclaycard took over the Sky Accounts. Since this time I have maintained token payments on the account which in turn has gone through 2 DCA and has recently reached yet another. Work commitments have been reduced so I'm now going back over things like this. Given that there is no way I would have agreed this plan and the above facts I am just wandering where I should start. Do I pick up from the original response from Sky (in which case how do I respond to their spurious letter claiming telephone agreement) or should I start afresh with the current account holder? Thanks for any tips.
  10. I'm not sure there's anything about the claim I can dispute -I have the standard PG document that I signed but dont know if it can be challenged. Like many others on here it was all signed last minute and presented late by the bank who by then knew I had no choice -none of which cuts any mustard it seems. Bottom line is I have no assets for the bank to go after but I'd like to negotiate soemthing rather than have it hang over me for the rest of my life.
  11. At the moment they are accepting token payments but I'm struggling to see what my incentive is to earn more as it feels as though whatever I earn over and above will forever be subject to this bank forcing their claim under the Personal Guarantee. Alternatively if I can get them to agree to a sensible amount and as Coledog notes -I'm hoping that by exposing them to the possibility of this course of action (me going bankrupt) they'll open their eyes and see sense.
  12. Thanks for responding - my underying concern is one of wishing to bring some sense of a way forward. Another part of the same bank has already had a CCJ granted albeit this will be subject to a challenge based on process and value claimed. I'm trying to avoid just rolling over and having the process manage me. The house has very little equity in it so I can't really see the sense in any creditor pursuing CCJ - Enforcement - Bankruptcy. Equally I can't really see a way where I am going to be able to come up with any sensible repayment plan for the Personal Guarantee amount that is being pursued by the bank. Whilst I have no desire to shirk legitimate debt this particular claim is riddled with issues that I probably have no legal defence against so it feels like my best option is to try and negotiate on the principle and then agree payment plan that is linked to circumstances. However, if they hold firm on the principle then I can see no way in my lifetime of meeting the obligation. Hope that makes sense and thanks again for all input.
  13. As a newcomer I have just read through a good portion of a thread sharing the inner workings of DCA's. In one post the former employee suggested that to threaten bankruptcy was not a good idea but as the thread is closed I'm unable to ask why. My circumstances are that following a business liquidation I am challenged like many on here. Most of my standard consumer debt is managable with the understanding of lenders whom I maintain regular dialogue with. However, the former business bankers are pursuing a large sum based on Personal Guarantee regrettably signed. Without their willingness to consider some negotiation on the amount I am in no position to even consider repayment options sensibly and although I'd prefer to avoid bankruptcy it does seem like the only way forward. In that event the bank would get nothing which is why I would hope they would at least consider an alternative of x pence in the pound. Can anyone enlighten me though as to why this step might not be the right one to take. As I said at the start -an old thread from a DCA insider alluded that it might not be. Any help appreciated.
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