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focus594

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Everything posted by focus594

  1. Even if you aren't allowed to take holidays from September to December you are still entitled to full entitlement for the year, which is 5.6 weeks including bank holidays.
  2. As far as I know the deadline for the CCJ register has passed. It took 5 weeks before the set aside hearing. Can he still claim anything back from HSBC/HFC? If you can give me some advice on how to go about that he will be chuffed to bits. I don't know the full history of why he stopped paying originally but I think it was something to do with a dispute with the retailer. I don't think he took it up with HFC/HSBC though.
  3. Sorry DX just noticed this reply when looking at a little used email account, clicked on it to find a second page! August 2009, Bryan Carter did send a summary of payments to him as part of the set aside submission, which showed 7 payments made from Sept that year. Then a default notice fee, some further interest then a transfer to balance fee, whatever that is. Ive got everything that BC and Lowell sent him scanned on my computer.
  4. It wasn't from a site it was something that I composed for him. That was only part of it but the last 2 points were from something I saw on here. I have appended the other two points to the bottom of this post if its any help but it would appear that I've approached it from the wrong angle. I was under the impression that it was up to the DCA to prove absolute assignment which they haven't. He's still waiting for the CCA from DCA but they still have another day or two yet. I fear its of little value because there is no dispute there is a CCA, which I
  5. That's the first time I've seen mention of a signed agreement? Are you referring to the Original Credit Agreement? A copy of this was requested from the DCA as part of the SAR and wasn't forthcoming, they said he would have to obtain any documents from the original creditor. This formed part of his comments on the set aside to the Judge, in which he said " 3. My major concern is whether [DCA] have absolute assignment over the debt. Without it they are unable to issue a county court summons as they have not taken over full rights and responsibilities of
  6. Update. The set aside hearing has been heard and gone in the DCA favour. From what my friend has said the Judge looked at two issues. Issue 1 was the lateness of submitting the defence, and the Judge dismissed it as he had ample time to get his defence in prior to the Judgement being issued. This is accepted. Issue 2 was in respect of whether it was legal for the DCA to bring a summons in the first place. The DCA solicitors submitted their comments in writing and said for cost reasons they wouldn't be attending. In the written comments t
  7. 11 days late, he'd forgotten about it until the reply to the SAR turned up. Had there not been an error on the website his defence would have been in (albeit late) judgement was entered on the 10th day and set aside application made 2 days later and acknowledged by court 3 days after that.
  8. The defence wasn't filed because it had already been entered into Judgement the previous evening, although it would have been that the dca was not the original creditor and therefore had no legal authority to issue a summons. The set aside application was done the next day. He is going to request the various stuff from the solicitors and the CCA from the claimant as you've advised. Should the defence also be included via a further witness statement to the court (previous witness statement attached) and copy sent to solicitor?
  9. That's part of what I'm asking. Should the defence be sent in now, or should he wait until after the hearing for the Judgement to be set aside, then submit the defence? Thanks John
  10. The DCA claims to have had the debt assigned to them. That being the case they should hold all the details of the account as if they were the original creditor. Of course, if they haven't had the debt absolutely assigned they have no authority to issue court proceedings, as far as I understand. Regards John
  11. My friend was issued with a summons which he wished to defend because he believes the DCA has no authority to pursue, and this was going to be the mainstay of his defence. He acknowledged service, asked for 14 extra days and sent SAR to DCA. DCA claim debt has been assigned to them by OC. DCA replied to SAR and stated that they couldn't provide breakdown of account, interest etc or provide CCA because it was with original creditor, and he would need to write to them. He was late filing defence when he went to do it there was an error at moneyclaim
  12. There was an agreement to pay £30 a month with the solicitors but not through the court. It is unlikely that many payments were made.
  13. This in relation to another thread I have but just running an idea through my head. Say someone is issued a judgement and later a charging order. 5 years later they discover that the claimant had no right to issue the summons because the debt wasn't legally assigned to them. Obviously the judgement can't be set aside but in theory could the defendant point this out to the claimant with a demand for payment equal to the judgement, which if not satisfied ie by clearing the debt/charging order, the defendant then issues a new summons for the same, on the grounds of fraud by the claimant (le
  14. Judging by steampowered comments in post 11 getting the judgement set aside after 4 or 5 years would be highly unlikely, mores the pity. I was aware of the charging order myth having looked into it a few years ago on behalf of one of my mates after he was hit for a 67k co (sole debt joint mortgage) and I showed him that thread at the time. Much as I would personally call their bluff, it isn't my house at stake. Her deceased partner is still on the mortgage/deeds so would she be still only be liable for her interest in the property or the whole now she has inherited his share? I think
  15. No, I can't say she has. At the time of the Lowell CCJ's she went through a very stressful time at work, and took 2-3 weeks off sick through stress not long after. I think that was the reason Lowell got completely ignored.
  16. OR is Lombard Tricity, and to filrobbo about £150 in charges. Shame about querying the legal assignment because she has just received a couple of lowell letters for two credit card debts that were CCJ'd by them in 2011. I know for a fact they wont have been legally assigned. Unfortunately she didn't contest them (has stuck her head in the sand big style over the last few years) and when I found out about them they had already been ccj'd, and she didn't have the £150 needed to set them aside. I guess they will also go down the charging order route. I was going to suggest to her waiting for t
  17. Yes indeed, I remember seeing them both. Should an original creditor be allowed to pass on telephone contact details to a dca when a letter has been sent to original creditor forbidding telephone contact?
  18. You may remember I said upthread that I was dubious that this was a legally assigned debt? Heres the reasons for my suspicions My friend received a county court summons in 2008 from the solicitors for the new creditor. There was no mention of the original creditor and my friend wrote to the solicitor requesting info, which they supplied. It contained a letter dated 2007 from the solicitor saying the new creditor had now taken over the debt as agreed with he original creditor and it was now legally assigned to them, and a fax of the original agreement. Also on the same fax was a break
  19. Both herself and her partner are on the deeds and the mortgage. He died a few years ago (after this debt) but she has never done anything about taking his name off because, due to his age, couldn't be insured, so there was no question of the mortgage being cleared following his death. The mortgage is up to date from what she says, it has another 17 years to run.
  20. What a disgusting state of affairs. My opinion of Lowell was already low before reading this thread. It beggars belief that a company, supposedly governed by OFT, can behave in such a despicable way. I hope you get every penny you sue them for Foggy.
  21. Large sum is owed to Argos and a letter was sent to them saying no further telephone contact. They have now passed the debt to Fredricksons who are phoning day and night on both landline and mobile. Letter will be sent to Fredricksons but I am just wondering. If Argos have a letter warning of telephone harrassment should they have passed on telephone contact details to Fredricksons? What happens if Fredrickson then pass the debt to someone else, would the calls start all over again. Also Fredricksons have already been sent an harrasment letter regarding another creditor, w
  22. A friend of mine got a final charging order for £3000 in 2008. Nothing has been paid off the debt since then (lots of debts, small income) and she heard nothing from the company in the meantime so it was forgotten. Company solicitors have now sent a letter saying they are looking to force a sale since nothing has been paid. Two concerns: The debt was allegedly legally assigned from a well known finance company to an offshore debt collector. I remember at the time asking my friend to get proof of the debt and legal assignment as the first she knew about it was when the new company issu
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