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fighting bull

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  1. if i have had a clean break clause in my divorce petition is it legally right that my wife can deliberately circumvent the law by getting the csa to attempt to claim from a successfull court case unrelated, is it correct that the csa are only interested in what i earn as opposed to what i win in legal case, similar to an OR would if it was a personal injury.... any advice please
  2. Hi, all, need advice please, i have a judgement by default which after 5 months the defendant has requested decn to be set aside, the judge has requested a hearing, however when they filed there n244 they dont even know my name and its been filed in the wrong name. can i request the court strike out there set aside request at the hearing on grounds they dont even know my name. my evidence is also contradictory to what the business is claiming. if so could someone please advise me on what legal standing i should refer to in front of the judge thx peoples:?:
  3. Hi thought would give you an update, have filed for judgement heard nothing from defendants, will wait and see, if they do request it set aside i will contest it as they have had ample time to respond
  4. Hi all been reading some of the threads on here about PPI, my cases have been ongoing for over 2 years with fos , so sick of it now, built up arrears on credit cards as in debt management however given taken that long in getting anywhere actually no where, i have one cc with MBNA they have ignored my complaint letter and stated deal with FOS, who are taking there time with everything i am contemplating small claims but cant seem to work out what exactly they would owe me back. Halifax another CC again complaint ignored and gone on for 2 years again FOS still investigating, although Halofax now send me a letter advising sign the acceptance form and they will refund my PPI, they wont tell me what the refund would be unless i sign the form?? . i explained deception breaking CCA and Oft debt coll guidelines a well as CSA guidelines but they apparently what do i know. Oh and they have also both ignored section 10 notice, not even a response to that , any suggestions on taking that forward seperately, HSBC slight different tack from these creatures, taken and paid of two loans seperate in there entirity at two former addresses, yet HSBC claim they will refund the PPI, but because i am in arrears with my cc they claim they will take it from that balance, my understanding is that if it was for 2 loans at two different address which i paid off, they cannot reimburse me under CCA off of a different debt unrelated from again different address, and what would the amount be given as a refund it was for loans i had and paid off in full HELP much appreciated from you guys and gals
  5. Hi, ok so if they do this, can i argue that i have tried all reasonable avenues to resolve the matter and they should not be allowed to request it be stayed, given they have ignored correspondence from me , from my mp, and from the courts, wont a judge give a dim view on this, as for them to let it get to this stage, garnishee order what is that please not heard of that term before
  6. Hi, you can defen any action they try and take specifically an rog order, they would initiate it and you simply file your defense you dont pay anything, as i mentioned youshould claim restitutionary damages if they pursue this avenue. i believe given the terms they have quoted it may be a motor loan, you really need to let us have a look at the agreement, you own that vehicle if it is a motor loan, and given what you have paid it is more than 50% they cannot simply take the vehicle from you, it is idle threats and by default they breach oft guidelines by making threats that surmount to nothing or are inrealsitic and as such you could say there behaviour has been totally unreasonable and thereby in breach of treating customers fairly, new legislation introduced by FSA
  7. is it really that straight forward, can they not do something after judgement ?
  8. Hi, thanks for help, i spoke with mcol yesterday it wouldnt let me in on there website, i called three times etc, spoke with a woman who stated they are out of time to respond to the claim and i could file for judgement, , the defendants really are unbeleivable, they havnt responded to me they havnt responded to my mp they havent responded to the courts now??? what happens next
  9. Hi, my apologies Notice of Default, it sounds like the agreement is a motor loan if it is then you own the vehicle and more so over 50% of the vehicle given what you have paid, and the only avenue they have would be to go for a ROG order. You have the right to see any documentation claiming they have repudiated the agreement and on what grounds, in which case you could say that you dont owe them anything further untill they take you to court, however this would not be in your best interest. You can defend the ROG. Dont worry about re financing, out of the question at the moment. I would call/or write to them and forewarn them you will defend any action they consider taking against you. Approximately 75% of the arrears if you can pay would be 388.00 minus any charges. Any reasonable company would/should accept the 75% and split the remainign arrears without charges over a period of months to mutually benefit both parties. Failing this or they refuse make sure you keep a record of all names dates times of calls, you could advise you are recording the call , they will possibly claim that you cant without there consent , in fact all you need to do is advise them your are recording the call so long as you make them aware they should not obstruct you doing this unless they have justified reason for you doing so. Ask them the question outright is this a motor loan or a Bill of sale or another type of finance agreement, make sure you have written down what you ask them and there response accordingly if you are not recording it, if they start banging on about charges tell them you will only consider the charges at the end of the contract and before closing the call advise you will only deal with them in writing from that point on wards and they should correspond with you in writing only. If they then persist in calling excessive after you have notified them to do this you can counter claim breach of OFT debt collection guidelines, breach of csa guidelines and breach of and CCA
  10. Hi, j ust so i understand, they sold you a vehicle that was not fit for the purpose it was sold for did nothing to rapir the vehicle for you, then repossesed the car, were you in arrears, did you get DEFAULT, it does sound like an illegal repo if they cannot prove there was a legally binding type of contract between you ie BOS, could also possibly come under mis representation act, in that you were lead into taking out the finance agreement on the basis this was done through the courts in order to make it legal , this never happened, if the finance agreement is classed as a BOS by the finance company then it would have to have have two signatures signed on the premises by there own staff. It would then have to be approved by the supreme court of england and wales under the terms of BOS, again if this was not done then they cannot enforce the contract, it also appears they have sold the debt to either a DCA, ie apex in pursuant of a debt that potentially could be unenforceable , if it is classed as an illegal repo then, you would be entitled to have all of the finance you have paid reimbursed, plus the car back and any and or all costs incurred. HOWEVER, if it is proven to be a different type of finance contract then you should look into ruling this out immediately.
  11. Hi, i have come across this before, the contract is not a finance contract/agreement and is not enforceable as such, given there comments did you take this out under distance selling, what did he mean about the web site? They are obliged by law to give an induction under H&S in the work place pending if it was distance selling, if i were you i would write a stongly worded letter, wouldnt bother calling them anymore. send it recorded delivery clearly stating as you never signed a contract it is therefore not reasonable of them in the pursuing of an amount that you are not contractually obliged to pay, and to that under H&S given you never had an induction on how to use the equipment you consider suing them for placing or leaving you in a dangerous situation, unless they of course they showed you around the gym. If you have insurance for your house/car some insurance policies normally cover for free legal advice, failing that there is always the legal section on the cag , or Cab
  12. Hi, i require some advice on a small claims process please, i have issued a letter following legal advice giving 14 days to the defendant to respond or face legal action, they failed to respond to me at all, hence submitting small claim, i received a letter from northampton county court bulk centre advising that i have till the 9th may to issue particulars of claim, which i did on the 5/6th, i then read up on the small claims process its states they, the defendant then has 28 days to respond to me or the court. given they are not regulated and have ignored every correspondance i sent to them. what should i do if they ignore the court claim paperwork. should i speak with mcol who i raised the claim through. 9th may has passed and i have heard nothing from the bulk centre or the defendants.
  13. Hi, i have been reading all the posts on this , have you even considered this might be an illegal repo of your vehicle, if they took the vehicle back with out anything to justify why they are doing it, ie arrears or VT, or basically vehicle not been fit for the purpose it was sold for, you would be entitled to sue them to claim back all of monies paid and return of the vehicle, given they have taken and sold it already you could sue potentially for the value of the finance agreement or just the car. If however it was mutually agreed this may change things in there favour
  14. Hi, what sort of agreement is it please, have they use the term volntarily relinquish, If so it may be a motor loan, they can't if you paid them the NOD amount this would cease any activity, if they tried and repo the car after you have paid, it woudl be classed as an illegal repo and you would be owed all of the finance you have paid back and the vehicle. My advice forget about who did what with the Default, focus on paying the default amount to satisfy the NOD. Who stopped the DD, i really could do with a look at the finance agreement, if you can scan it on, remove the finance comp details and your details. Anything you send make it recorded delivery, and when it comes to the payment for the NOD value then dont send a cheque, pay it by DC, on therr automated pay system if they have one, if not call them and make the payment if they refuse or decline to accept you paying the NOD amount without any charges they cannot do this legally, refuse a payment or offer of payment. Any Judge would see this as them been totally unreasonable specifically when you are offering or are clearly showing you are trying to resolve the matter, a judge would not be impressed with it going for a ROG order on that basis, which leads me to beleive it again is a motor loan, if they try you can counter claim for costs incurred.
  15. Hi hope this helps, it should say in you agreement if you have paid over the 50% and what the figure is, if you could scan the doc on i could help with that, just omit finance comp details and your details etc, they should have arranged a pre inspection of the vehicle at place convenient to yourself, at there cost not yours. If faults were identified at pos then it is now not enforcable after they have already collected the vehicle and they did nothing to rectify the damage when you purchased the vehicle. What are they saying they want 1165 for. With any reasonable finance or reputable finance company it should have been inspected first by there own agent , if there are dents or damage to the vehicle you should have had a report of this when they took the car, did they have you drop it of at a site of there choosing, ie did they say take it to .... site for example and you went along at your expense, if you did then you could argue for your costs back, along with anything you may have done to increase the value of the car prior to VT. When a person VT a finance contract they potentially lose out on the future value of the finance agreement and so take a hit on the agreement, the finance companies dont like this and so try to recoup what ever costs they can, but like i say any reasonable or reputable finance company should not do this. Hope this helps
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