Excellent result and well done.

Just to support what has been said already and add: Chargeback is not applicable to bailiff enforcement and attempting to utilise it may land you with a whole pile of extra problems. If fees have been applied incorrectly the applicable law will ensure they will be returned, and more importantly that the warrant of control is cancelled. Until the authority cancel the warrant, it is still live, no matter what you may read elsewhere. This means that if you take you money back, the bailiff is fully entitled to continue with the enforcement. If you have just returned your SD etc. your enforcement will be on hold, not cancelled, cancellation only, may happen if the court agrees with your arguments, the fine would not yet have been cancelled in any case. Sorry for repeating what has already been said, but thought it is a point which needs to be emphasised.

Hi Andy I came across this on my travels. It relates to acknowledgments of claims ala CPR12.3. Default judgements should not be entered even after the deadline of 14 days, even if the acknowledgement has been registered out of time. There is to be alteration to the cpr. Anyone who files an acknowledgement late should check if the default Judgement has been actioned. if it has not, the acknowledgement stands and the debtor should contact the claimant and quote the case. Cunico Resources v Daskalakis [2018] EWHC 3382 (Comm) Happy days, Peter

More info here https://www.askthe.police.uk/Content/Q760.htm

Why thank you. I also hate dogs, especially the little barky ones.

I am fairly sure that cautions are recorded, at least they would be brought up if there are any other similar cases. To be fair, what were the shop supposed to do? Nurse or no, she broke the law. A round of applause perhaps?

Didn't answer you query. They can pursue if they have either purchased the "debt" from the previous owner or are collecting on behalf of the owner for six years since the original debt was invoiced and not paid. That would be he full debt not instalments thereof. If you have made a payment or otherwise acknowledged the debt after the invoice/demand, it is six years from them receiving that payment So you could try to ignore for a couple more years then they will stop. I have issues with the way they treated customers back then, and dont like ignoring "debt".

I dont know if this will help, i got one of these a couple of weeks ago. After some tracing I found it was originally from a supplier. They were guilty of not supplying bills or records of usage to their customers for months on end, as a result many underpaid. It was in the press. Many of us told them to sod off when they sent "made up bills" for this period, and expected a lump sum to make their figures balance. The FOS stepped in and wrote the majority off, but some fell through the gaps in their paperwork, which it seemed still existed. I sent a letter indicating the reason I would not be paying, I have heard nothing since. Perhaps I will now.

Very good. However in my opinion you need to differentiate the agreement sent and the agreement you would have signed. For instance, is the APR on the document the same as an early statement, if not it cannot be a true copy. Are the default payments the same, is the address the same in both the CCA and where you lived on the execution etc.

As said earlier the DN 87 is a different thing to a notice to place the marker on the file. Further such a notice can be sent and recorded at any time before the statutory section 87 notice is sent. But The CRA must give information which is correct, and after a section 87 default has been sent the file must record this. in that case a thirty day notice must be sent to the debtor ASAP after the 87DN(or with it) then a default recorded So to repeat , the recording of the default on your file may be made at any time before the section 87 notice is sent, but must be recorded as soon as the 87 is issued. When trying to determine a start date for a marker, you would be right therefore to say that the DN date is the last date where your default is recorded, but odds are that it was recorded well before that and therefore should fall off your file earlier.

Hi Tedd It looks like you were given the statutory time before the car was lifted. However the insurance thing really does not sound right. I cant see how the insurance being fully comp would be relevant, maybe it didn't insure you for bumps on private land. Did you ask which sections of your current insurance were deficient. Also who are the new insurers? Did you get a new certificate, is the pound a broker? Why couldn't a member of their staff deliver the car to the kerbside? Did you pay cash or credit/debit card, I am hoping the latter.

A court hearing would be a good thing. The judge generally reduces the offer. They are very aware that these companies "set people up to fail", by burdening them with to high a repayment schedule. You could insist that a judge ran his eye over the document. Dont let them bully you with threats of going to court, call their bluff. Make sure you get everything on there, Christmas, Birthdays, holiday savings travel etc.

If it was an IVA it would have effected your property. Easy to get in not so to get out, whereas an agreed arrangement you can just walk away Yes it seems to be. These were challenged in appeals some years ago, because the term for Total Credit read "Limit" or some other . There were also other prescribed term issues, sadly it failed, and I dont think they have been challenged since.

At 12% I would pay it off, you will save a lot in interest and you will have the extra every week, which would have gone to your loan. We had a similar decision to make last year, but chose the opposite course. Our mortgage was jut under 2% though and a three year Nationwide bond would give me 3.5%, so we put our money in there, for now. Yes you can always do a early settlement, and they will refund your unpaid interest from the final bill. Ring them and ask for a settlement figure.

Hi Have you received any monthly statements for this account? Dont worry its very unlikely they would be able to enforce anything. I mean any more statements, they cant charge any more interest if they have not. CCA 77a? What happened to the IVA? Are you now on a DMP

Hi I agree, in this case, just ignore. Generally there is no agreement for an overdraft in any case, so good look to them in finding one. I dont know how old the OD is, or if you have had a final demand before, but In the case of a bank OD, the Statute Bar runs from the date the bank sent its first demand for full repayment.

If you are talking about it being on your file, then it is the CRA first. Then when they get back to you, the creditor. Sort of, " my debt is over 6 years old and has been on my record all that time, this is contrary to Data Protection rules". If you suspect that an agreement is SB, you should always make a claim to the creditor saying so. "just a little detail , not to much. "I have had no contact, and the debt was closed over six years ago." When the creditor threatens an action to recover money, the burden of proof falls on the debtor to show that he is not SB. However once you replay and state you are SB, if becomes incumbent on the creditor to show the debt is not SB.

"Anyway. Does anyone remember that 80's sitcom with Richard Briers and Penelope Wilton - Ever Decreasing Circles................................." Yes I do. Felicity Kendal, and some other people in it .No wait a minute. no that was the Goodlife wasn't it? Both had Richard Briers though.

Was it the unfair terms or something which was mentioned earlier. Wont help. the 2015 act

Makes perfect sense. I think you are looking at this the wrongly Your confusing cancellation by the buyer and breach of contract by the supplier, apple and oranges. The legislation has nothing that may help I am afraid.

yes indeed I have a thread on here with the case n it, cant find it just now. Well, they would not put a D on your file straight away, they would have to considers that your fiscal relationship in this matter had broken down, usually a few missed payments. They may not have issued a DN either, but i think it likely they did. The law regarding the beginning of the SB period says, the creditor must be able to enforce for six years. Due to section 88 of the act there can be no termination or enforcement under default until a DN has been issued and not remedied for fourteen days.,

Cancellation refunds are to protect the buyer on the occasion that he is unable to travel; for medical reasons or whatever. It is taken out by the traveller not the supplier, and covers him for the failure of the supplier.

Hi Ian. First thing, if you were given the money and did not give it back, you acknowledged the loan. You firstly have to understand that a notice of default on your file is not the same as a default notice, which, 14 days after delivery, gives the creditor to pursue the debt in court.