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honeymonster5633

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About honeymonster5633

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  1. I don't understand. If the credit agreements were good, correctly defaulted and assigned what else can be used for a defence?
  2. I did do some work with this to see if it was possible. I compared other cases on your site to check the credit agreements and if the debts were correctly assigned and defaulted. I did a CCA, SAR request and I checked with the credit report and everything seemed to have been done correctly and she doesn't dispute the debts. So rather than try to delay the inevitable just waited for judgment by default.
  3. Thanks dx100uk. That has really eased my mind. Should be able to sleep tonight. Thanks Andy. Will let come back with any updates.
  4. I have looked at my wife's credit file. First default is 2012. CCJ's started last year just before statute barred. If she does not pay anything just avoid/ignore bailiffs. Should I be worrying about beneficial interest and them coming after the house? Title deeds are in my name only and my credit score is outstanding.
  5. Have not paid anything for years. So you think it is pretty safe to leave it for the moment and try and pay something if circumstances are improved? Or will paying a token payment of £1 per month keep them off our back. I understand that the creditor or receiver has to prove beneficial interest in the property by proving that the debtor has contributed financially i.e. to the mortgage, deposit, improvements and general upkeep of the building. Is that correct? And just being married is not sufficient on it's own to prove beneficial interest? I have the original receipts to prove that I paid all the purchase value of the house 14 years ago and my wife has paid almost nothing since then. Plus my will leaves our house to my daughter. So do you think proving that my wife has a beneficial interest is difficult?
  6. Debts are 7 credit cards ranging from £500 to £9000. Most have been bought by debt collection. Some have got CCJ's already. I have thought about offering a token payment of £1 but this maybe a struggle as we are on low incomes. Other than that bankruptcy seems like the only option. I could borrow the £680 free from family. There is no hope of being able pay them off in full due to increased income due to long term illness. The thoughts of loosing the house due to beneficial interest is causing me sleepless nights i.e. due to them getting a charging order or my wife declaring bankruptcy and the OR issues a sale order.
  7. My wife has about 40k in debts and is thinking about going bankrupt. The house is in my name only and we are worried about beneficial risk. The house was purchased before we got married and I paid the mortgage off 2 years after marriage with my own money. My wife has paid nothing to the upkeep of the house and improvements since marriage. My will leaves the property to my daughter Is there any risk to our house due to beneficial risk do you think?
  8. I admit I spent the money and that I am the debtor. I know there is a moral side to this. But, I have been screwed over that many times in my life by banks I really do not care about that. I believe the central banks have been stealing from every man, woman and child on earth since they started. But, where do I stand legally? The person on the ccj is not even similar to my name. How can they enforce judgment? Legally, they can only go after goods/property/bank accounts/salary etc belonging to the debtor. I cannot see how it even affects my credit file. I am not likely to turn up in court and say that I am not the person on the ccj as this could be taken as admission of the debt itself. Surely it is up to the creditor to prove that I am the debtor. Unless they have eye witness's/cctv footage etc that I used this credit card (very unlikely after more than 5 years) how can they prove this when my name and the debtor's name are not even similar?
  9. I have sent a SAR to the original creditor. Got a reply today and it appears that the name on the original credit agreement is wrong as well and the same as the name on the ccj. If more than half the name is incorrect on the original credit agreement does this mean that it was incorrectly executed? This is not just a small typo it is completely different name.
  10. I did receive the claim form but when I came back from holiday and the default ccj was already entered. I did not ignore just missed it. I don't know how a judge would rule but I do not personally regard 33% letters wrong a slight name issue. Is not the surname the most important in legal terms? and that is less than 50% correct on the ccj. Nobody recognises that as my name, online or offline. Why should I respond to it? As that is not my name.
  11. Not only that but all the names on every letter from the creditor are exactly the same as the defendants and are also, completely wrong. So I suspect it is the same on the original credit agreement. I know if the creditor finds the real name they might be able to go back and change the defendant's name. But, I doubt if they can do that if it is wrong on the credit agreement. So what do you think. As it stands is this ccj enforceable as it is?
  12. I found the last statement with a payment. It is September 2013.
  13. I have been at this address for 20 years
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