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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

gideonssword

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Everything posted by gideonssword

  1. gideonssword
    when presenting a bankruptcy petition to the court do i have to prove that i have sought legal advice first? like a statement from the Citizens Advice Bureau or something. How little income left over after bills and living expenditure do i need to have left before the petition will be granted? Once the forms are completed do i telephone the appropriate court or call in and make an appointment?
  2. gideonssword
    OK Thank you, i already complained to Lloyds TSB by sending a letter recorded delivery i will see what they say, They made a mess of it anyway as they assigned my half of debt to one dca and my wifes half to another dca even though we never separated or anything so the Solicitor who got the ccj and put the interest on did it behind Lloyds TSB back, but the problem i am faced with is we have since been duped into signing a Tomlin Order. So unless i go bankrupt i think i am snookered.
  3. gideonssword
    After further reading i believe that Statutory interest can only be added once you make a payment on the judgement which starts the clock ticking all over again. Although judgement was entered against us by default in September 2006 we did not acknowledge the debt or make a payment until September 2008 so they should shave 2 years off the interest.
  4. gideonssword
    We signed the Mortgage 1/11/1996
  5. gideonssword
    Thanks Unclebulgaria, By the way this was a remortgage {our 2nd Mortgage}
  6. gideonssword
    Hello, In a Mortgage shortfall debt, we unknowingly signed a Tomlin Order because the guy that the Citizens advice sent us to see, i think it was a company called Money plus, he never once told us or explained to us that it was a Tomlin order or the implications of it. Does the Tomlin Order have to be signed by the Creditor as well as the Creditors Solicitor acting on behalf of the creditor and ourselves or does it only need to be signed by us and the Creditors Solicitor?
  7. gideonssword
    Thank you UncleBulgaria i have a copy of the Mortgage agreement upstairs i will dig it out, surely it should say on there if it is under the CCA In my ignorance i thought all Mortgages were not covered by the Consumer credit act will let you know if i find anything, Thanks again
  8. gideonssword
    Sorry my fellow caggers i think i posted this before but i am not sure, We were repossessed in February 1999 but were not taken to court by the creditor Lloyds TSB until September 2006 for the shortfall. I asked Lloyds TSB about interest being applied after judgement and quoted the 12 year limitation for Capital but 6 year limitation for interest. I got a letter a few days ago from Lloyds TSB stating that the 6 year limitation applies to Contractual interest and not Statutory interest. Now the all important question; would the creditor have to apply to court again to claim statutory interest if it was not included in the original judgement? Please answer me as best you can my fellow caggers it means so much to me to establish the truth on this matter.
  9. gideonssword
    Thanks Guys, I am in dispute with Lloyds TSB and HL over interest they put were adding, although we got it froze last year new information has come to light that they should not have put it in the first place. The trouble i have is that we unknowingly signed a tomlin order which keeps things as they are, Do i have any chance of ever taking the interest off?
  10. gideonssword
    Hello, Does a creditor have to go back to court to enforce a suspended attachment of earnings order?
  11. gideonssword
    !!! Well, Well, Well, !!! Looks like the Chickens are coming home to roost now for HL. been speaking to Lloyds TSB today, questioning the amount my wife and i owe them for a mortgage shortfall with joint liabilty. HL have been managing the debt and collections for Lloyds TSB on this account. HL claim we owe 7000 pounds more than what Lloyds TSB say we owe. Following the telephone conversation Lloyds TSB did not even know my wife and me are still together i apparently owe £2500 and my wife owes just over £8000 for her half. This explains why Shoosmith contacted my wife about the debt and did not include my name, Lloyds TSB are stunned that we have a joint CCJ and A tomlin order with HL in joint names and that HL stuck thousands of pounds of interest on without them knowing. HL have Lied through their teeth because Lloyds TSB told me HL were assigned to collect my half of the debt not both and Lloyds TSB said they assigned Shoosmiths to collect my wifes share of the debt. HL must have lied to the court because they got a joint CCJ and they requested joint incomes going beyond the mandate given them by Lloyds TSB and adding interest when they should not. I am now writing a report for the Solicitors regulation authority regarding HL Lloyds TSB are telephoning me tomorrow afternoon to try to sort it all out, i wonder if they are totally innocent in all this.
  12. gideonssword
    Hello, What time limit is there on applying to the court to set aside a CCJ Thank you.
  13. gideonssword
    How do i post it Mike? i will put it on if you tell me how to do it Thank you.
  14. gideonssword
    If i check CCJ and its in my name alone what would happen? The mortgage shortfall was joint liability. Surely they cant get a second CCJ for the same debt?
  15. gideonssword
    Thanks, we are both liable for the shortfall because we are jointly liable, the CCJ was issued against us both. Lloyds TSB Should know this as Hl were assigned to collect before shoosmiths.
  16. gideonssword
    Thanks Citizen B Lloyds TSB are the claimants, HL Stuck an extra 7000 pounds of interest on their balance is different to Lloyds TSB balance.
  17. gideonssword
    Sorry to my fellow caggers, I did mention this in an earlier post but not got an answer to this question. My wife got a letter 2 weeks ago from Lloyds TSB stating they were assigning a mortgage shortfall to Shoosmiths of Manchester. My wife got a letter from Shoosmiths Friday saying that they were contacting her to come to some sort of arrangement with her to recover the shortfall and enclosed an income and expenditure form. Please bear in mind we already have a ccj for this debt of which we are paying HL solicitors each month under a Tomlin agreement as agreed to by the court. Shoosmiths seem oblivious to this fact as do Lloyds TSB, Also there is no mention of my name by either Lloyds TSB or Shoosmiths and these developments only occured after i sent them a SAR request. who do i pay each month?
  18. gideonssword
    If Lloyds TSB have biinned off HL that leaves another dilema We are paying HL through the court under a Tomlin Order, Should i tell Shoosmiths where to go? even though we had a letter a few weeks ago from Lloyds TSB stating that they were assigning it to Shoosmiths.
  19. gideonssword
    Thanks dx is that NO they cant apply for a CCJ twice for same debt?
  20. gideonssword
    can a creditor put a CCJ on you a second time for the same debt? I think they can only try to enforce the original CCJ am i correct?
  21. gideonssword
    !!! What the Hell is Going on !!! my wife received a letter today from Shoosmiths stating that they had taken over the debt and to recover the outstanding balance. It does not mention my name at all yet it was a joint Mortgage. The letter shows us the balance owed which proves that HL Solictors have tried to defraud us out of 7000 pounds. The letter to my wife encloses an income and expenditure form. This is a CCJ we are paying off which we have an agreement through the court to pay HL each month, why are shoosmiths asking for an income and expenditure form from my wife? By some strange irony the CCJ falls of my credit file tomorrow 22/9/2012 What should my next course of action be, all of this stinks to high heaven of treachery.
  22. gideonssword
    Thanks Bandit 127 I am also challenging Lloyds TSB because in 2001 a statement was released by the Council of Mortgage lenders stating that its members of which Lloyds TSB are a member would not pursue a shortfall after 6 years, yet they took us to court in 2006 after repossessing us in 1999. I intend to play the unfairness card.
  23. gideonssword
    Got a letter today from Lloyds TSB. They said they agree in part with my complaint about missing letters, They found my original letter of complaint, yet not found my letter asking for a copy of my original mortgage agreement. But they now found my SAR request letter and told me they have until 10/10/2012 to reply which is true. They offered me a cheque for £100 for the inconvenience of not replying to previous letters and hope to resolve this matter amicably. I cant wait to examine the SAR details when they eventually turn up.
  24. gideonssword
    Thanks dx I will wait and see if this SAR ever turns up. I got to do this because 7 weeks ago i sent Lloyds TSB a letter asking why as part of the council of mortgage lenders did they agree to a statement in 2001 not to pursue capital and interest on a shortfall after 6 years i got no reply, I then sent a letter 4 weeks ago and requested a copy of the original Mortgage agreement and got no reply. So i finally sent a SAR request still awaiting, i telephoned them they said they dont know where it is they are looking for my letter and get back to me. Then yesterday we got that Letter from Lloyds TSB saying that from now on Shoosmiths of Manchester will be handling this. SOUNDS FISHY !!!
  25. gideonssword
    The strange this is when i spoke on the phone to Lloyds TSB before sending off the Sar request they could not find the Account details at all, it is only when i mentioned my wifes name that they found it. The letter received today from Lloyds TSB was in my wifes name only. The mortgage was a joint Mortgage.

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