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notgottaclue

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Everything posted by notgottaclue

  1. Yeah, I was thinking that he had!!! Not a lot of options I guess!! I'm just a bit miffed it all goes quiet for at least three years, then bam!!
  2. 20 November 2014. I assume the bank's formal demand in November 2008 was the calling in of the overdraft.
  3. No, it wasn't a fee paying account, just a current account. There was various correspondence between myself and the bank during October and November and I then got a formal demand letter in November 2008. The Court told me it was for an overdraft and the total was just over £500. I was pretty sure that Royal Mail did not redirect claim form envelopes, but the person I spoke to at the Court was pretty clueless and didn't know! I have read that overdrafts are pretty difficult to know precisely when the default occurred which in turn makes it difficult to know when it becomes SB'd.
  4. I now have a bit more info on this. The claim was issued in October, which I never received. The account was closed by the bank in August 2008, some correspondence in early October 2008 and then nothing from the bank just letters from various DCA's. Would this make it SB or has it just slipped in?
  5. Hi I would appreciate a few pointers on this. The dreaded BC has obtained a CCJ by default againt me. The problem is that I never received the original claim form, so had no opportunity to defend the claim. I'm not even sure what the claim is for, but it's possible it's for an old Co-op bank account overdraft which has been in dispute since 2008. I want to apply to set it aside, but I've been reading that it's very difficult to do this. Also the fee of £155 seems a bit steep!! I understand that if I can get BC to agree to a set aside it will only be £50. The whole debt, including fees, is just over £500. I believe the claim form was sent to my old address, although I have a redirection in place, the claim form was not redirected. I Have not received any correspondence from BC or anyone else demading money either, so I'm a bit puzzled really. Had I received any correspondence I would have just sent him the usual account in dispute. It may even be statute barred anyway. Had I also received the claim form I would have dealt with it. The problem I have is that I can't find out from the Court at the moment the details of the claim because I'm having trouble getting through. I don't want to pay out £155 if there is no chance of getting it set aside and if it is the Co-op Bank, I'm not sure I have much of a defence as I probably do owe some of the money but not the amount they were demanding. They simply refused to send me any statements or an explanation of how a closed account incurs charges! I am minded just to pay it off within the timescale but another thing that concerns me is if I have to pay BC direct what guarantee have I got that he informs the Court that it has been paid within the timescale and not to register the CCJ? How do I know he won't register it anyway? I also thought I could try and get BC to agree to a set aside and then negotiate a payment plan. I'm not sure how likely that is bearing in mind his reputation. I would appreciate some advice on the best way forward.
  6. I have spoken to my friend today, and she says that she did inform all relevant people that she had moved. Not only that she had mail redirection in place for well over a year, so not sure why no other documents were not received. Anyone got any more info re if payment is made in full, will this stop the other party proceeding. Even the National Debt Helpline could not help her. In fact, they said that had never heard of this happening before! Usually companies just go for the money and then Bailiffs etc.
  7. I have a friend who is in a bit of a pickle regarding a car on finance - although not through a major finance company, but it is a agreement under the CCA. Basically, she stopped paying because she was out of work, get another job started paying again, then stopped again. I'm not sure of the amounts, but there is around £1,500-£1,700 still left on the agreement. To cut a long story short, a money judgment was obtained for the arrears. During this time, she moved so never received any further communication regarding the matter for well over 18 months. Today, a court notice dropped on her mat with a Return of Goods Hearing for next week. She has not received any other paperwork regarding the hearing, no other claim form or admission form. I believe she should have received an N9C form stating what her intentions were. The major problem she has (really stupid she knows) but she sold the car. I can't find any definitive answers on what happens at such a hearing and the fact she did not receive any other papers seems a bit odd. She has a relative who can lend her the money to pay off the full balance outstanding under the agreement before the hearing, but I don't know if this will solve the problem or not. I can't advise her as I can't really find anything out. She says it's impossible for her to attend the hearing with only 5 days notice and in any event she is working away for the next couple of weeks. If there is anyone who knows anything about this procedure, I would appreciate your input. I have told her to contact the Court first thing on Monday and explain that she has not received the appopriate forms for her to respond to the claim and what she should do to try and get the hearing adjourned and tell them she is intending to the pay the claim in full. Also, once the balance is paid in full, would this then make the ROG hearing null and void? She is obviously really worried about this and any advice I can give her to put her mind at rest would be great. Thanks. Any thoughts?
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