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Everything posted by scoring_guru

  1. The standard of evidence necessary for a CIFAS loading is enormous - similar to that which would be necessary if the CPS were to prosecute. If Welcome were provided with information by you or by someone else which is of the standard necessary to achieve this level of proof you should take up with Welcome and with the dealership. In the circumstances, hit both up with SARs.
  2. Did you offer a directors guarantee? Assuming that the property over which the charging order is being sought is not an asset of the company then you may have a point.
  3. Your writing back after their acceptance isn't relevant: when they accepted that's the point of the contract. As for without prejudice: this is a wholly useless phrase in anything but conversations or communication between legal professionals and should be accepted as such.
  4. The question on this is: were you entitled to the £800 to which the answer is no. You spent it anyway meaning that you're now going to have to pay it back together with any overdraft interest and charges. You're welcome to make reference to the cock-up on the part of coop bank that lead to the situation initially but it's likely to cut zero ice.
  5. Try CCCS. She's got a legal liability for the debts as they were held in J&S liability. If the second mortgage is in her name and she is prepared to go through the hassle she should approach plod as this is a fraud on the part of her former partner.
  6. Yep - get your own legal advice and get your lawyers to talk to the mortgage holder.
  7. You're welcome to test it in court - and good luck to you.
  8. OK, here goes. 1. The transfer of the debt from your credit card to your current account caused HSBC to generate a debt where one had not previously existed for your wife: they MAY be on dodgy ground legally about this (NOTE: I'm NOT a lawyer) 2. Your bankruptcy does not absolve your wife of responsibility for the overdraft at least. On this basis, there remains a legal liability for your wife to repay the overdraft even if you have been absolved of responsibility for this by your bankruptcy.
  9. If you're keen to be able to make a full-and-final settlement, you should negotiate this with the DCA rather than the DMP. Given that you've been paying close to sod-all I think that the chances of your getting away with it are near nil.
  10. Your mortgage company are under no obligation to provide you with further lending. As for their letter to you - I don't believe that this is a legal requirement.
  11. Try SoGA (no mis-spelling pun intended) initially, either on not of merchantable quality or not fit for purpose. As for getting the card company to refund you - this is possible but I believe that there is a time limitation on it and if the original transaction was in February 2010 you're likely outside of it now. Before either of these things it's highly recommended to understand who you bought the goods from. This might sound easy but I mean the name of the company that was on the other side of the contract.
  12. Whilst s78 may apply it becomes necessary for a court to determine that - so you'd still need to be sued and then defend the action accordingly.
  13. I think that if the DCA can prove that you owe an amount (e.g., via the T&Cs of the original agreement) you may be on a hiding to nothing. That having been said, if you have a letter from a Black Horse appointed agent I would strongly recommend taking it up with the DCA in question and paying ONLY that which you agreed to pay. With unlimited funds it would be possible to challenge this as far as you want, through the courts and look at claims against everyone from the DCA, Black Horse, and all of their agents along the way including the auctioneer but in that case you'd presumably have paid off the debt in its entirety. Oh, and DX100UK? You're flat wrong on the 50% thing: that's only preventing the ability to recover the goods without a court order.
  14. Hello, sorry to hear that you're having difficulty with this. Before I start I have to explain: I am NOT a lawyer and as such my advice is NOT that of a lawyer or other legally trained professional. You might be able to get around it if you advertise your change of name in the London Gazette: you might ask the Irish Embassy about it?
  15. with the court case finished, does this mean that they've obtained CCJ?
  16. are you looking for a simple, basic bank account? Metro Bank are pretty good - I've moved my account to them (and no I don't work for them).
  17. Most overdrafts are re-assessed every six months / year based on volatility in the account: if you've had it for this long, I'm surprised that they haven't withdrawn it before now but they're well within their rights to withdraw it especially as - by your own admission - your ability to service it (e.g., your income) has decreased since the death of your mum.
  18. 1. Although PPI is referred to (and hugely charged for) there is no separate PPI documentation or details Recent changes from the FSA on PPI mean that you need to ask them for evidence of signing up for PPI and the terms and conditions. Mybank were one of the first to offer PPI with additional documentation and we've had zero complaints that we've been unable to defend successfully. 2. The agreement date has been altered after he signed the agreement (clearly not by him - can I quote Pigot's Case (1614) 11 CoRep 26B ?) Assuming that this a consumer credit act 74 regulated agreement, and you have evidence for the alteration, you would be best to bring this to the attention of LTSB. 3. They took off a loan payment while the account was in dispute (not by direct debit as this had been stopped but by helping themselves to the money) How did they help themselves to the money if you'd cancelled the direct debit? They probably have right of set-off against other LTSB accounts that you hold with them. 4. They sent CDs allegedly containing phone conversations, both discs were encrypted but the decryption doesn't work giving different error messages on both discs The encryption algorithm won't be provided (it's highly, highly secret IP) but if they've provided a password to the .mpg / .avi (etc) file you should ask them for it.
  19. Way too much of a gimmick. Don't believe that they'll do it.
  20. To add to advice given by others, I'm afraid that the bank making the payment into your account (presumably with them?) of the principal sum is likely to be sufficient for a judge in either the county or (more likely) high court to decide that an implied agreement for repayment exists and I would not expect you to be able to keep it. What security did the bank seek, and have the tried to exercise it yet? NOTE: I am NOT a lawyer, but I would strongly recommend that you take the advice of one as soon as possible.
  21. No, it's not a necessity under the Companies Acts but it's a pretty good idea.
  22. Yes, but to enforce any judgment obtained you would need to have the judgment registered with the Irish courts.
  23. From the other side of the table, you might find having a read around the Debt Buyers and Sellers Group (whose admin is run via the Credit Services Association), an industry body.
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