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Haunter

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Haunter last won the day on September 24 2017

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About Haunter

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  1. I have already said DCA's have no power. I'm not scaremongering at all. I'm talking about the new owners if the accounts are sold, they become the creditor. Original creditors do accept full and final settlements in in genuine cases, such as ill health for example. The creditor will not freeze interest and charges on the account simply because his debtor asks him to, he will want to know why, and telling him that you are suffering ill health is a genuine reason and the creditor must then help his debtor. Haunter
  2. There must be a genuine reason for seeking a full and final settlement payment with a creditor, the valid reason must be communicated to the creditor otherwise the creditor is not obligated to provide any help to his debtor. Aneb has a health condition and she has said that her position is not going to improve in the near future, she has some funds available and she wants to settle her debts so that she doesn’t have to worry about them, this is the purpose of her thread/case posted here. Her creditors will want to know why she is asking them to accept a lesser amount in ful
  3. When you are suffering from ill health, the last thing you need is a load of stress from worrying about your debts and how to keep paying each month. I think it would be far less stressful for you if you write a letter to each creditor and inform them of your ill health and that you currently have access to some funds and you would like to offer a settlement payment in full and final payment of the account, and can they please provide you with a figure that they would be willing to accept as a full and final payment to settle the account, close it and mark the balance as ‘0’ on their
  4. “Other half opened a M&S account in September 1989.” The agreement is subject to the CCA 1974 before it was amended in 2006, if the agreement does not comply with the statutory requirements of containing all the prescribed terms within the ‘4 corners’ of it, then you can rely upon s.127(3) of the 1974 Act before it was amended and the authority Wilson v First County Trust, House of Lords decision on this point, where it was held that such an agreement was irredeemably unenforceable against the debtor. s.127(3) of the 1974 Act was repealed by the amendments in 2006!
  5. In the first post you said "the insurance companies", did both insurance companies find that no party was liable, or, is the claimant's insurance company disputing liability? Haunter
  6. What are you intending to defend with macker? Haunter
  7. The only thing that you have to file to the court is your Defence, but you do actually have to have a Defence. If you have a Defence, then post it up here for comments, suggestions, advice, and if it is a valid one, then send it to the court only by Royal Mail Special Delivery. What is your Defence so far? It's unfortunate that you stopped making payments on the payment plan. Haunter
  8. Your friend is not obligated to answer the leading questions posed by the solicitors. DPD are most likely using the same insurance company and their solicitors, and they are most likely relying upon the insurance company's investigation into the accident and its findings. The claimant appears to be contesting the findings of the insurance company and he is holding DPD liable for the accident. Haunter
  9. Were you still making the payments in accordance with the payment plan at the date they issued these proceedings? If you can't remember, check your bank account statements. This is important because the payment plan supersedes the original terms and conditions of the amount you have to pay monthly, and if you are or were still making the agreed reduced monthly payments, then the creditor is estopped from bringing his claim to enforce the agreement for the full amount. Haunter
  10. OK, our posts crossed there. It is down to the court to decide whether to allow any enforcement action in the light of your application, which the court has now acknowledged receipt of and will make an order on it which may involve the parties attending a re-determination hearing if the claimant rejects your offer to pay monthly. If the claimant now seeks to send the bailiffs around, the court may consider such action to be premature as you have made an offer to pay the judgment debt monthly. Haunter
  11. As you jointly own your home, the claimant could obtain a charging order against your interest on your home. Have you asked the court to re-determine the amount you have to pay and to set it at monthly payments? I think the first thing you should have done is lodge an appeal. Unless the court puts a stay of execution on the order, the claimant can take whatever legal action is available to him to take. You still have time to lodge an appeal. Haunter
  12. Your friend should inform the solicitors that he is not filling out that witness statement as it is loaded with questions designed to procure the particular answer/response that they want him to say to the court, and that he is aware of cases where the witness and the solicitor who drafted such witness statements have ended up in a lot of trouble, including witnesses who have been given prison sentences in relation to such witness statements. As they are not willing to cover his reasonable expenses he should refuse the witness statement. Also, even if your friend does act as a witnes
  13. I haven't made any assumptions, my post is based on the facts posted by cupid07. The claim has been made against DPD and not the driver (the friend), the friend is being asked to fill out a witness statement. A person does not have to be 'employed' as in PAYE on the payroll of a company for that company to be vicariously liable for any wrongful act of its employee, a main contractor can be held vicariously liable for any wrongful act of his sub-contractor, see the legal policy underlying the principle vicarious liability and the substantive case law on the point. upid07
  14. DPD are asking your friend to be a witness in this matter. Is the witness statement loaded with questions for your friend to provide answers to? If it is, he must not fill it in. If he is to be a witness then his witness statement must be in his own words and based on facts which he has personal knowledge of. DPD are vicariously liable for the claim, the relationship between your friend and DPD is employer and employee relationship. You have already said that insurance company has found no-one to be at fault, therefore your friend is not liable for the claim. Your friend is
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