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Everything posted by 1099OID

  1. Ok Andy thanks for the help i will get back to you tomorrow
  2. That's correct. The reason that the judgment letter stood out was. A, It was in a brown envelope that looks official B. I hadn't seen any post for my son for ages. so if i had arrived at mine in late november as the court told him, I would have clearly noticed.
  3. I Am not sure. I won't get to speak to him until late to day, as he is on nights. so can i ask the two outcomes. 1/ yes he did many years ago before moving. or 2 No he didn't, because he believed he paid it off and cut up the card.
  4. I need some help with trying to set aside a judgement. My son has has just received a judgement against him in the post. but it came to my address. My son hasn't lived at my address for around 10 years and has lived at 3 other address at since. just to point out he gets very little mail, if any at all coming to my house. he has not received any court papers otherwise he would have dealt with it. he has contacted the court to find out it was a Debt for, as he has no knowledge of the debt. it turns out it is a credit card that he had he had over 8 years ago which he believes he paid off over 5/6 years ago he cut up the card. because he was saving up to get married and remove temptation. He has just recently got a mortgage from a building society and nothing came back in the credit search. Otherwise the Building society would have pulled him up about it. He checked his online credit score last night and it came back as 998. Due to his job, he works funny hours he has asked me to help deal with this. I have called the debt collection company and asked can i have all the paperwork, contract, default notice etc, so he can try to sort this out and they said no. he will have to apply to the courts because they have already got the judgement. It has been a long time since i have done anything like this,. so I could do with a running start to jog the old grey cells. so what would be his best course of action and defence be? I look forward to hearing from you all.
  5. It's great to be back, I need some fresh legal advice, and the only place to go is here  

  6. I have been asked a good question by a friend. M&S near us have now introduced a 4 hour free parking, using Parking Eyes as the administrator. But they share’s this car park with 2 other large stores, Tesco and outfit. *This is a massive car park and people use it park and walk to work, There are no options for all day parking, The bays are not marked with any floor paint indicating whose bay they belong to Tesco or M&S etc. PS. To be fair to my friend she use M&S most days to get her lunch. So her question is, there are no parking sings on the entrance that she uses to get on to the car park is she still labile if they put a ticket on the car. My question is what are the laws on signage on car parks?
  7. My friend has just called me because someone has told him that because his son has used his dad address to register his business they can force entry although its a private dwelling. he said that he didn't know that the business was registered at his address only that the business mail came to his house because his son stays there a few nights a week. he thought it was because it was easier to pick up his mail while he was there.
  8. My friend has just got a bailiff final notice letter through his door on Monday but it is for his son. Or should I say, His son business. His sons registered business address is at his dads’ home. So, I have assured him that as long as you don’t open the door the bailiff cannot enter your property as it is a private dwelling belonging to him and not his son and they cannot drill the locks either, it’s just a bluff to get you to open the door and pay someone else debt The final notice just says client XXXXX borough council. For the value of £423. I have spoken to the son who has no recollection of anything form the council or anything from the courts. Now heres is the thing. It only take a second to enter the sons company name in google to see where his work place is but to get to his unit they would have to cross over someone else land. His dad is worried that they may go to this unit and take his work tools which would stop him from working and earning a living. While they sort this out. His sons company is limited business. Both are very nervous of calling the bailiff so I have offered to call on their behalf. But some help from you guys would be great, the more knowledge I have the better. It says on the notice they will be back one morning this week. The normal BS to remove goods. Since it’s the council it’s either a parking ticket or business rates. His rates are paid by DD so it must be parking ticket. He is happy to pay for a parking ticket but they have added there fees on top. what is the best way of getting this back to the original charge assuming it is a ticket.
  9. The DCA is 1st credit. They bought the debt. They took me to court, the judge sided with them, they got the judgement. so to stop them applying for a warrant for control of goods and bailiffs knocking at my door for my wife's sake, I have offered them verbally a £50.00 a month they want me to fill in one of their financial statements first before they will consider my offer. obviously it to see if they can get more out of me than what i have offered. i just want to know what they are intilted to as far as the information and the paper work proof i may have to provide to them. and what i dont have to provide just because they have ask for it. I also wanted to know do i have to change things to suit them. like i am a member of a decent gym and pay £60 a month i dont smoke, but I like to work out can they insist on any cut backs to get more money. I can not get any straighter than that.
  10. A debt collection company bought the debt off the Halifax and they took me to court and won. Either I set up payment plan or wait for the bailiffs or they go after my wages and I lose my job. and be assured my job would go. I am trying to find out how much are they entitled to as far as the information I have to provide, also do I have to change things like cutting back so as to pay them can they force things like this. I am completely in the dark, so I need some help
  11. They are asking for evidence to support my Financial statement. how much documentation are they entitled to ? what do i have to provide them. can you help. Thanks
  12. I had been fighting a credit card debt since Dec 2013 due to losing my job after selling it on to a DCA back in 2014 they decide now to take me to court. let’s just say the judge was not on my side i got my pants pulled down and duly spanked. now i have to sort out some repayment plan. I was wondering what i can claim for, for example i go to a good gym I do amateur dramatics and raise money for charity, my son and his wife do clay pigeon shooting as a hobble and they have got me going with them as a family outing, so will I have to give these up to pay the DCA
  13. your 100% right DX I got the wrong end of the stick. while at work i nip on the forum in between jobs, i should have read the post more clearly i thought this was your own form that you supply into a DCA instead of filling out there forms, it is for you to work out your own incoming and outgoings
  14. I recently lost a court case and the DCA got judgement for around 5.5k i dont have this kind of money, so i offered to set up a payment plan. I made them a offer Of x amount but they wont except anything until i fill in a financial statement which rubs me up the wrong way but they have the judgement i guess i have to play ball to a point. i have a few question i need help with. They have asked for my wife earning, where i work etc Do i have to include her earning since the debt is not hers and that is her private information and she may not wish it to be given. also at this point do i have to provide my employer at this stage of the game. i know if they contact them that's my job down the road. also do i have to sign it ? If i am a member of a gym do i have to join a cheaper gym or give up on some of my Hobbies and interests to accommodate the amount they think is fair if they dont except my offer.
  15. I know this is an old post but why is your partners wages on the form, as the debt is not theirs and what they earn is private,
  16. I will have to scan and hide details so bear with me it will take some time . In the meantime. I applied to the court for a set aside under CPR rule 13. 3 the defendant has a real prospect of successfully defending the claim. i show using their court bundle that it does not have the prescribed terms required under section 60. And under section 61 the signing of the document with a prescribed term missing did not comply and then I said under section 127-3 the court cannot make an order for enforcement under section 65 if section 61 has not been complied with. Their solicitor just sat there and just went on about the money. The judge said I had a defence. But she has made an order that 14 days to file a full and proper defence which I did. But may i ask does my original post (see below) hold any water. In that there is no contract with the credit limit on with my signature. and that the application form with a missing prescribed term caring only one signature does not comply with section 61? In Schedule 6, CCA regulations 1983 is says Credit limit 3. Agreements for running-account credit. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit. On the agreement/ photo copy of the application form, it does not state a credit limit, it just says, we will tell you your credit limit? Which I still don’t know what the opening credit limit was. but never the less, does this comply with term above (or the manner in which it will be determined? section.
  17. sorry guys for being late with my replies i have come down with the flue on Saturday and have only just got out of bed I have filled out the Questionnaire form Dx100uk Name of Claimant 1st Credit Date of issue was the 03/04/2017 What is the claim for – Breach of contract. Particulars of claim 1.The claimant is the assignee of a Bank of Scotland plc debt, in the sum of £4500 assigned on XX/XX/2014. Statutory notices of assignment were sent to the defendant. 2.The debt is a credit card account first opened by the original creditor on or about the XX/XX/2005 under reference XXXXXXXXXXXXXX. The defendant used the credit facilities on XX/XX/2009 the account was defaulted with an outstanding balance of £5.000. 3.The claimant and it predecessors in title demand repayment of the sum due in breach of contract the defendant failed to repay the sums due. 4.AND THE CLAIMANT CLAIMS 1 The sum of £3500 2 statutory INTEREST pursuant to S69 county courts act 1984 at 8% per Annum from 08/12/2014 The original creditor was the Halifax who the BOS bought. What is the value of the claim? £4500 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? 2005 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It was bought by a debt purchaser who has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? I do not have one in my files but it does not mean they did not send one Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments? Lost my job struggling to pay at the time. I got introduced to FMoTL etc (I have moved on since then) I thought I would see if they had a contract I asked them for a copy of the contact. They only sent a copy of the application form and reconstituted copy of some terms and conditions the application form did not have all the prescribed terms. What was the date of your last payment? Oct/Nov 2013 Was there a dispute with the original creditor that remains unresolved? In so much as it was the original creditor who I first asked for a contract they then sent it to 5 other debt collection agency’s before the last one. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I paid a set amount a month before Dec 2013
  18. i will have to gone now, i Finnish work in the next few minutes and I will going straight to the hall to set up the stage for the singers. speak to you guys later. i fell better just getting this out. Sorry Dx 100 I am at work, I had finished my work set out for the day early. i have to stay until the end but they let you use the computers. i dont have any copies with me they are at home. please forgive me, i see what you mean the link on one of your posts i will try to complete it tonight. when i get home.
  19. I will post the original POC, it is for breach of contract. i might not be able to put them up until Saturday i am helping with a a charity event to night and tomorrow we are setting up the stage and lights etc. and show tomorrow. it is to raise money for local Hospice
  20. I got too big for my boot and got a smack in the mouth by the courts for challenging their jurisdiction. I said how can I put a defence in when I haven’t received a contract and paper work I have requested and they haven’t complied with the pre-action protocol? By providing me a copies of a contract. Well the CCBC gave them the decision, so I had to fill for a set aside. I went to my local county court and won the set aside. They said I had to submit and serve a full defence within 14 days. That was last month since then I have received a N180 saying this case is suitable for the small claims track. I have to complete the form N180? I have submitted and served the other party But now I have so much doubt in my life, sleepless night as my confidence is shot and my wife thinks I am drinking too much a nd I have been finding myself going to some dark places. I have buried my head in the sand to long I need to deal with it, it isn’t going away.
  21. Just to add, the application carries my signature, it was not signed by the original creditor, it is a debt collection company who has bought the debt and is taking me to court. so can i take it, in its present form it would not comply with section 60 and 61 of the consumer credit act 1974 and it is pre 2007. would i be able to use section 127/3 of the same act in a defence?
  22. In Schedule 6, CCA regulations 1983 is says Credit limit 3. Agreements for running-account credit. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit. On the agreement/ photo copy of the application form, it does not state a credit limit, it just says, we will tell you your credit limit? Which I still don’t know what the opening credit limit was. but never the less, does this comply with term above (or the manner in which it will be determined? section.
  23. Schedule 6, CCA regulations 1983 Credit limit 3. Agreements for running-account credit. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit. On my agreement it does not state a credit limit, it just says, we will tell you your credit limit? Which I still don’t know what the opening credit limit was. But does this comply with term above (or the manner in which it will be determined?)
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