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sausagepie

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  1. It's unlikely they'd get a charging order on a house in 100k neg equ, and even if they did it would be pointless. They wouldn't be able to get a comp sale order - because it's in neg equ. And if they filed for bankruptcy then that would save me 1k and sort out the problem with the house all in one go but would meaning they'd have to spend a grand to get nothing back too. It's unlikely they'd go to those measures on a 6k debt. Who else has been made bankrupt by a bank for a 6k debt?
  2. I'm looking for some advice from people who have had similar experiences. I moved to Oz about 6 months ago. I left behind a house which is in neg equity but I have found a tenant which covers the mortgage (although I didn't get the bank consent because they wanted to quadruple the mortgage, but that's a whole different kettle of fish). I had a CC with smeg but, because they are absolutely rubbish (and after a protracted battle in the courts and then through the ombudsman), they ended up having to pay me 5k and write off the debt. I had a CC with Barkleyshark but it's an old CCA with no agreement available (and they weren't able to produce a recon cos they don't appear to have my address from when they alleged the agreement was signed) so haven't heard from them for about a year (and not paying). I had 2 other CCs and a home shopping account which were paid in full before I left the UK. That just left an 'account' with Thirst Die Rectum at approx 6k which I'm having lots of problems trying to sort. I'd like it to be sorted so I can get on with my life as much as possible. This 6k is an amalgamation of a CC and an OD which they consolidated together. They sent a loan agreement but it didn't reflect what was agreed on the phone so it never got signed (although Thirst Die Rectum reckon they have a CCA for it but they definitely don't). I've got together 2.5k to pay them but they're just not having it. But that's all the money I have in the world and its in a UK bank account. Although I get paid more here, the cost of living is way higher. I can't service this debt. I've told them all this and they have my address in Oz so know that I'm here and not fibbing. We've played ping pong for the last 3 months with a cheque. I send it them, they send it back with a declined letter and ask for me to complete an income/expenditure, I send it back saying there's nothing else, they send it back saying they'll issue a final demand unless I make effort to pay, etc, etc. My understanding is that Oz courts won't accept jurisdiction for CCA's from the UK (i've read some of the pie and beer stuff) and that they can't get a judgement because I'm not resident. So what can they do to make my life a misery? And, other than upping the offer which I can't manage, what can I do to get them to accept the offer so everything is settled.
  3. Thanks for the info everyone. I've no problem taking them to court. Already done it with the charges, etc. And BC had to payout for SmEgg after I took SmEgg to court for £5k and won - had to go to FOS to get them to pay though, and to remove adverse stuff from my credit record. They wrote off the account in the end - think they couldn't be doing with the hassle we were giving them! Not worried about housecalls - they'll get the sharp side of Mrs S's tongue - not a good place to be! How sure are people that Default Notices have to come from the creditor? How sure are people that Merc are not deemed to be the creditor (as they are, in fact, BC)?
  4. Hi So, it doesn't really matter what BC/Merc did, or that there is no Agreement - it can still be enforced in the judge lottery? I actually have 2 letters, dated a day apart, from 2 different people. They basically say the same thing. "We are unable to provide a copy of the credit agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. With immediate affect we have suspended your account. We have taken this action because in our view there is a significant risk that you will cease to make payments. Not withstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt" Does anyone have any opinion on the credit file?
  5. Hi Hope someone can help me. Have a BC from late 80s. I wanted to see the Agreement because I was getting a bit fed up with the %age increase, etc and so did a CCA. BC have never reported anything on my credit file as yet, not for the last 20 years. I did a Section78 request around a year ago. BC first sent a 'reconstituted' agreement that had the wrong address on. When I pointed it out they sent a letter saying they weren't able to produce a copy of the Agreement and that they couldn't enforce the debt but that I still had to pay. They also noted that they had immediately suspended my account - at that point my payments were all up-to-date and I'd never been in arrears (other than the odd payment through the years that was a couple of days late). That was about a year ago. Just after Christmas I had no more work (self employed) and started claiming benefits so stopped paying BC. I received a letter from Merecers at weekend which was a default notice telling me to pay £1,000 by 14th July. It also said they would file a default on my credit file. I wrote a letter back to Merc they same day saying that the account was unenforceable and that there was no agreement for them to update my credit file. Just got a letter from BC today which is a final demand for the full balance of £15k and that I have til Sunday (8th) to pay otherwise they're going to send a debt collector round to collect the money and they will also file a default on my credit fil. I have a couple of questions; 1. Is it still the case that BCs inability to perform their obligations with regards to my S70 (or whatever it is) request means that they cannot enforce the debt to the point of getting a judgement against me? 2. Is there evidence that BC will go all the way to court to frighten me? 3. I think that BC have no right to send a Final Demand to pay the full balance 5 days before the default notice deadline. I think this is a cock-up on their behalf. Can I use this to my advantage in any way? 4. Does anyone have a copy of T&Cs and Agreement from 1987? 5. Am I right in thinking that, without a signed agreement, they have no right to update my credit file. Especially as they have NEVER updated it? Thanks for any help you can give me.
  6. I wonder if anyone can answer a quick question about the court process? A friend of mine owned a business which he sold 2 years ago. He had a contract with one of the service suppliers which said he would be personally responsible if the company didn't pay. It's a long story but my friend thought that the contract was ended. He's not heard anything from then for a number of years. Earlier this year they issued court proceedings against him and his old company and addressed it to his old company so he didn't get any of the paperwork. The company had his personal address as it was on the contract but they didn't contact him there. They applied for a judgement in default which was granted on 19th May. The old company sent the judgement to my firend and he received it around 23rd May and immediately made an application to set aside. In the meantime, the old company also made an application to set aside on the basis that they weren't party to the contract. On their application it states that they were contacted by the claimant on 9th april and they told them that they were nothing to do with my friend and to issue the summons against him only and they gave them my friends address. The claimant never contacted my friend, didn't change the court summons details, etc but just went ahead and got the judgement in default even though they knew they had the wrong address. Anyway, my friend applied for the set aside around 25th may and had a date set for hearing on 28th oct. In the meantime, the claimant applied for an interim charging order in july and it was awarded to them. My questions are:- 1. Is there any 'contempt of court' or anything like that if the claimant went ahead with applying for judgement when they knew that my firend could not have received the paperwork? If so, can someone point me to the rights rules or regulations? 2. Is there any rules about charging orders? I can't see how they could apply for a charging order when a set aside application was waiting to be heard? Thanks
  7. Yes, Citibank at Canary Wharf. Barclaycard have never reported anything to a CRA ever for the Barclaycard account or for the Egg account. Egg initially stopped reporting in Feb 2009 when they did the blanket terminations and they set it as settled with no balance at that time. Then they marked it as defaulted in May this year.
  8. Morning My wife has just been declared bankrupt via a debtors petition (she's no longer working so not bringing any money in) and I REALLY need to get my outgoings down or I'll be going the same route. I've just had notification from BC that they can't comply 'at this time' with my SAR as they are "currently unable to provide a copy of the credit agreement". My acct was opened in the mid-80s. I did the SAR last year, a few reminders this year (sorry, too busy with work to keep on top of things) and they finally responded last week. In the same notification, the also noted that they've now suspended my account with immediate effect as, in their view, I'm at risk of not paying because they can't produce the agreement. I'm paying in full and haven't missed any payments. I reclaimed charges earlier in the year (refunded to my account) and the next month they upped the interest so now I'm paying about £20 a month more than I was before I made the claim. I'm trying to figure a way of sorting this and I wondered if, in light of the non-existent Agreement (at least at the moment) I could get them to freeze interest (or remove it??) and pay a much smaller amount each month (say £100)? Or offer a small F&F - £10k owed - how much do you think is reasonable and how long would they give me to get the money together? By the way, Barclaycard don't, and have never, made updates to my credit file. There's never been a listing for this account on my file. Don't know why this is. My wife had a BC but taken out 15 years later and this is recorded on her file each month.
  9. Geez, another case of a creditor getting away with not doing what the act says.....
  10. Hi I don't get much luck with responses to queries I've raised on this forum but hopefully someone (anyone!) can look at this for me. Pretty please. I haven't paid Fresco for 3 months. I've issued proceedings for recovery of overlimit charges and this is being dealt with by Cobblers at their end. Have been faffing about with their 'request for further information', etc but we are just waiting for the court to set a date now. Cobblers have already offered a settlement of about half which I've rejected. The claim is for just less than £1k. In the meantime... Fresco sent a DN dated 6th May 2011 which said I had to pay "no later than 17 days after the date of this letter". I wrote to them and said that the account was currently in dispute and to stop enforcement until it was settled. But I got no response. Today I've just received a Termination Notice. I think the DN was invalid. I think it should have given me 14 'clear' days from the date of service. I didn't get the letter until 12th May but date of service would have been 10th May (assuming 1st Class, 7th & 8th May were weekend). 14 clear days would take you to 24th or 25th May I think. Whereas their letter said 17 days after the date on the letter. Date on letter was 6th May and 17 clear days would be 23rd May. Could someone check those dates for me to make sure I have it right? What should I do now? I assume there is a default on my credit file somewhere but I'm not too concerned about that at the moment (not looking for extra credit or a mortgage.
  11. For anyone who is interested (it doesn't appear anyone is) the advice given in the library to ask for the defence to be struck out and supply the Lincolnc court ruling, etc, etc is flawed. The Judge responded to mine with "...it has no basis in law and the cases quoted have been superceded". Or words to that effect. This CPR18 is Cobblers standard response to claims and I see hundreds of notes about it on the forums. I can't believe there's no-one here who has responded....
  12. Just to add, I included a full list of charges (with interest calcd) in schedule 2 of my POCL and I noted to the court that this was the case (even though Cobblers seem to suggest in they're defence document dated 30th March they've never seen the list). But I received a letter from Fresco dated the same day as their defence which included a list of charges. I have pointed this all out to the court and told them they are wasting the courts time but they still told me I have to respond.
  13. It's the standard 'request for further information' that lots of other people have said they received... 1. In your claim you state "....a penalty on breach of contract and thus unenforceable and an unfair term under the UTCCR 1999". Ploease provide the following in support of your claim:- 1.1 in realtion to each charge a) the date when the charge was made b) the amount c) reasons for charge 1.2 In relation to each charge a) is the case that it should not have been charged b) if yes, why? c) if no, is it that this amount should not have been charged? d) if yes, why and what charge should have been made? e) if no, please state your case 2. In your claim you state charges are "an unfair penalty under the UTCCR 1999" Please specify all of the facts relied on and identify which regaulations are relied on I've cut it down a bit but that's basically what it says. I used the standard PoCL from the library as my claim. I see from lots of other posts that this is a standard document that Cobblers send out but I'm unable to find anyone who has responded to it. Please note that I have an Order from the court requiring me to respond.
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