Jump to content

IWanttobeFree

Registered Users

Change your profile picture
  • Content Count

    10
  • Joined

  • Last visited

Community Reputation

1 Neutral

About IWanttobeFree

  • Rank
    Basic Account Holder
  1. Sorry, I should have clarified. The claimant was HPH2. I don't think I won because I only sent a defence to a badly put together claim and challenged the basis of the claim. they were forced to provide me the agreement, but obviously they didn't have it, and wrote to me saying if they couldn't get it by certain date then they are obliged to notify the court of their intention. Now they have sent me a statement with all the court costs and interests slapped on. I think they will try again. And if they do, then which section of CCA I need to quote in my defence to prevent them from claiming these fees and interest charges? Secondly, with these costs and interests, they have pushed my debt closer to £5,000 limit. Can they at that stage take a different route of bankruptcy?
  2. I defended the case and they had to discontinue the claim, but now they sent me a letter, with all the court fees and interest added on a periodic statement, almost £600 added to debt. Can the buyer of defaulted debt keep on adding fees and interest where the default debt was less than £5,000? Or could it be a ploy to get me to make contact with them (to prevent it from becoming time barred) as I never made contact with them since default some 4 years ago?
  3. I am grateful for your replies, and thank you Andyorch for answering the central question - that if I accept the claim and pay them in installments then can the claimant get 8% interest for the period from judgement until it clears. You said, they cannot claim statutory interest because the debt is less than 5K. But I heard differently from the judge when I attended the hearing for another judgement over a year ago. The judge seemed to suggest to claimant's lawyer who asked for interest for just 1 year in their claim, "You have restricted yourself to 1 year's interest, but I generally would award 1% if asked for (until the debt clears)." The debt in that cases was less than 5K. This to me seems that if the claimant asks for interest going forward until defendant clears the debt, then it will be awarded. I fear this as installments I can afford may only be used for paying 8% interest on that sum, and I will end up in a debt trap. You said that they cannot claim interest if debt is less than 5K - is this in CPR? If yes, then do you happen to know the section? Yes, I am owning up to this debt as I mentioned in my original post, but I am just worried about 8% interest going forward, and was seeking some guidance on this. There was some confusion, I think I should have made it clear that the debt start date was 2009, but default was 2015. Thanks
  4. I have just received claim form for a CC debt of about £4,400 from 2009 and they have claimed interest for 6 months + upto the date of judgement, but no mention of going forward. I don't mind paying them original amount in instalments but I am worried that if I accept the claim as it is then they may ask the judge for 8% interest until the debt clears, which may mean the payments I make will just pay off interest. Someone has told me that if I defend the case by asking them to prove the debt then they are likely to concentrate on proving the debt and not ask for interest going forward. But if I accept debt at the first stage then they are most likely to ask the judge to add 8% interest. Is this correct assumption? But I know that if I defend then I will be slapped about a £1,000 in further legal costs. What could be the best course of action in this case? Is there an argument against paying interest of 8%, which I may be able to use? I will be grateful for your comments.
  5. Hi, I just learnt that the Legal Service Commission was closed on 01 April 2013, so what happens to the Statue Charge they had put on my property. They have not demanded anything from me in past, but I made some payments in July 2012. Does the debt move to new Legal Aid Agency? Or could the charge be removed from the Land Registry? Any information regarding this will be much appreciated.
  6. Hi, I don't know what do you mean by putting up a link. I am not going to defend the CCJ and let them get it from court cos by defending I will only be lying to court. I think the conversation is going in the wrong direct. I put up this thread in the hope to get some answer to my original questions regarding Bankruptcy and Bankruptcy Offenses. I am copying them here again and I would appreciate if someone could help me answer these questions. Could the following be considered Bankruptcy Offenses; If I stop paying my mortgage (which has a negative equity of about £15,000) and secured loan, then could this be considered a bankruptcy offence as I would have piled up debt? I am employed full-time and my take-home pay is about £1500 with overtime. But I want to give up this job as it exacerbate my Sciatica pain. I want to do taxi-driving for a while which I did before. Will OR consider this an offence as my income will go down to about half? I had stopped paying my creditors over a year ago, so could this be considered an offence or fraud? I am also the director of my own LTD company(book publishing) but it made a loss of about £1500 in the first year. I am not hoping to get any financial reward from selling any more novels in the near future. So if I sold the entire shares to a friend or family member then could this be considered an offence. I want to do this before bankruptcy as I know I cannot remain a director. Thanks
  7. How can I defend it, I do owe that money to Aqua? I don't want to lie under oath, or I will have severe consequences. Further, I sent Idem CCA request which they acknowledged on the 3rd of Oct but then they just went for CCJ and never provided any proof that I owed them the money.
  8. Thank you for your replies and help. Here are details; Aqua £4,350 - started Jan 2013 - Now Idem Secrities, which are seeking CCJ - I was advised to ignore the form. It is still in my in-tray. Natweat CC £3,470 - started Jan 2004 Barclaycard £6,250 - started Mar 2008 Vanquis CC £1,350 - started Jun 2014 Capital 1 £1,450 - started Apr 2012 Halifax CC £4,170 - started Jan 2007 Natwest OD £2,500 - started Sep 2002 Secured Loan £600 left - started Aug 2005 - originally £14,000 Argos C £590 - started Apr 2014
  9. Hi, I am new here and I looked through the forum but the questions that I have, have not been asked before. So I am starting a new thread. I have been in credit card and secured loan debts for more than 15 years and most of the time, I have been working to pay my debts. The life had been very hard. But last year a friend advised 'not to pay any of your credit cards debts as you are just killing yourself', and I did stop paying them which gave me some breathing space. Now I have one creditor taking me to court to seek a CCJ. I have reviewed my financial situation carefully and I have come to a conclusion that I will not be able to pay any of my debts for at least another 10 years and I am 48 now. The same friend has advised me now to stop paying mortgage and remaining 2 secured loan payments and apply for bankruptcy, which I agree to but I am worried about committing BANKRUPTCY OFFENCE, and ending up up to 15 years of BRO. Could the following be considered Bankruptcy Offenses; If I stop paying my mortgage (which has a negative equity of about £15,000) and secured loan, then could this be considered a bankruptcy offence as I would have piled up debt? I am employed full-time and my take-home pay is about £1500 with overtime. But I want to give up this job as it exacerbate my Sciatica pain. I want to do taxi-driving for a while which I did before. Will OR consider this an offence as my income will go down to about half? I had stopped paying my creditors over a year ago, so could this be considered an offence or fraud? I am also the director of my own LTD company(book publishing) but it made a loss of about £1500 in the first year. I am not hoping to get any financial reward from selling any more novels in the near future. So if I sold the entire shares to a friend or family member then could this be considered an offence. I want to do this before bankruptcy as I know I cannot remain a director. Thanks in advance for your help!
×
×
  • Create New...