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About Minionator

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  1. Yes, sent the form in. Just wondered if the claimant could try and get back the money some other way, other than taking it from my wife's pay. We rent, no assets. Just trying to get by! Looks like this old debt will haunt for a few more years as a result of us not dealing with the court summons.
  2. Is the court likely to send bailiffs and try to take our belongings if they know we have no money? Also, if ppi and charges claim successful, would the bank keep the money saying it's owed, even though they've sold it to a dca?
  3. Thanks. I'm really glad to have come across your forum. Very helpful. So, if they execute the judgment within 6yrs can they continue to pursue the debt without any limit? We don't own anything, nor have any valuable assets. My wife is on maternity leave with no plans to go back to work due to childcare. After reading a bit more on your site, is it worth pursuing unfair charges with our own claim against Barclaycard? Do unfair charges stretch to credit card companies? The account goes back as far as 2003. Given the ccj now exists, I suppose the options would be to either pursue the unfair charges after a CCA request to verify the enforceability of the debt (even though I understand the ccj does not require this, it may prove useful in negotiations). Any advice?
  4. Emailed the court and requested that it be suspended due to my wife not working. What would be the likely scenario for this debt in the future? Does the dca have 6 years to collect and then it is removed from the credit file? Or does each time a payment is made the 6 years are reset each time? Or does the 6 year rule not apply to the enforcement of a ccj? Thanks for all the advice so far too. Can I still make a request for the credit agreement, or is it pointless? Surely if I can prove the debt is unenforceable because the agreement does not exist it must mean something? Or, as you have stated, because the ccj has been issued, then this would have no bearing on the case.
  5. She just can't get it done whilst looking after our newborn and other kids. I'll email it this evening and call the court tomorrow morning to confirm receipt and that no enforcement officers will be visiting.
  6. The reason I said tonight is because I'm at work right now. As soon as I get in I will email it to the court directly. Are they able to ignore the statement of means because it has been received after the deadline? I appreciate they can also make my wife attend court to explain why she hasn't responded in time.
  7. The document was served on Friday 18th November. Are the 8 days counted as working days or literally 8 days from then, which would have been this Saturday gone. So now we're late with that as well if that's the case.
  8. My wife is named in the N56 and I believe it matches a case number given in previous correspondence. Surely this demonstrates the court has on at least one occasion sent documents from one case to a completely unrelated one? Or am I clutching at straws, too little too late. Admit the debt, and show my wife can't pay? I just can't believe it got this far. A tough lesson.
  9. What I meant was that she received someone else's case documents in the post with a different case number, but posted to her with her name on the envelope. It would appear that they have sent her someone else's letters by mistake. I believe it has a different case reference number. The confusion has arisen as to why she would be sent these in the first place. Possibly a postal mistake on the part of the court. But what I wondered was whether this was enough to demonstrate that the court documents had not been correctly delivered to my wife - given the evidence we have that they send documents to the wrong people.
  10. Ok, could the court be at fault here for not following correct procedures for notification? My wife tells me she received communications from the same court but for someone else's debt. She does not have all of them, but has kept at least one that states the case was transferred (obviously in the other persons name). It detailed the person's alleged debt etc. This confusion, as silly as it may seem, led my wife to question the authenticity of the documents thinking it was the dca attempting to coerce her into admitting the debt. Whilst I appreciate this is a bizarre situation, having seen the other person's correspondence, I would be very concerned that I have received supposed official court documents, and then also receive those relating to other people. Is there some scope to defend on these grounds?
  11. Is it not possible to state extenuating circumstances due to the birth of our third child? If I can get the money together am I able to get it set aside? If so, do I state that the court has judged against my wife wrongly, given that there was no proof the debt ever existed?
  12. I haven't read the other threads. I will need to have a look. Are there any in particular that would be useful? I'm just conscious of time, and the little I have a available. I don't earn much, my wife is on maternity, and I don't think I've got the money for the set aside either. For the defence, should I propose that the claimant has not provided a copy of the true agreement, and, as such, it is unenforceable and should be removed from her credit file? Any advice much appreciated. Sorry, if I am not on the ball, I'm coasting on a severe lack of sleep and just trying to juggle too many balls in the air!
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