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About Rustybike10

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  1. I agree, we should have set aside earlier. We'd set the wheels moving with a complaint that dragged on forever, and as I said they (Shoos) made out none of it was their fault. They told us we should have notified the court of address change even though they'd had the new address for 13 months. I think the whole line of "we can send it to your old address" is rubbish. They 100% definitely had the address, and it was on court forms too which they would have had to submit to the court. So whos at fault here? We honestly had
  2. Yes - We did agree to TO, mostly to ensure we didn't get the CCJ. And we didn't fail to pay. We agreed to TO, signed it, and sent back. It was allegedly not fully signed, then later changed anyway as amount within it changed. At the time we signed TO, we've paid every month since. So, were not in default of payment.
  3. What's a N9A? I think the point is missed here . We believed we had a live TO which acted as a stay against ANY Court Action. We continued to pay as though it was live. We got to a point in time where this changed because Shoos messed up the figures on the TO. We signed a new TO and sent it back, continuing to pay all the time. Shoos claim this was never received. We had no knowledge of any court action going ahead as we thought we were protected under a live TO. Still continued to pay. Shoos went ahead with court action, which we were never told
  4. No defence filed, didn't know it was happening. We admitted the claim, although the correct amount wasn't on the form. We thought they'd received the TO and all was well. They sneaked this in the back door without informing us, and used one of their last letters that stated "we may be instructed to file judgement against you" within it as their notice to us. Annoyingly wed been paying every month before this happened, and every month since, never missed a beat. They claim because the TO wasn't signed, their client (NW) had no protection.... when in reality they could just go ba
  5. I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly. Now, these wer
  6. Set aside on what grounds, sent to wrong address? As they have taken payments every month since Jan 2017,...then obviously they had received it.....and still taking payments ? Yes - taken payments every month. Ring Shoos and inform them to set it a side at their own cost or that you intend to set it aside...there is a Tomlin Order in place and you have not breached the terms of the order..as reflected in your payments. ive rung them, they still say the TO is not live as it wasn’t signed properly, and irrelevant that payments have been taken as they’re not linke
  7. We didn’t. We contacted Shoos and supplied them with new address. However, we have a copy of the original response pack, and this states under the acknowledgment of service, our new address for all documents about this claim to be sent to. This is dated 1 Sept 2016.
  8. I’ve posted here before but now need to get further help. We had a Ltd Co business collapse in 2013 owning £21k on an overdraft with NatWest. We had signed a directors agreement for the OD so can’t get out of it. The Ltd Co was struck off in 2014. NW have pursued us since for the £21k, and in 2015 passed it to Shoosmiths, and the6 have pursued us since for it. After lots of complaints, and paperwork back and forth, and at the point Shoos said they would take us to court, we caved in, TBF we’d just had enough, and agreed to a Tomlin order. Aft
  9. **Update** After some back and forth phone calls, they have raised an “official complaint” on the matter. It would appear, after talking to them, they have slipped up in the process regarding payments/orders/paperwork. I’ve asked them to set aside at their cost and get us back to square one so we can adequately defend our position. Annoyingly, this is going to take some time, and I’ve made them aware there may be a future complaint for compensation from the hardship the CCJ has caused. It’s even made it difficult to change energy supplier! Will keep posting upd
  10. The DD mandate was with the first one, so I’ll guess they are working from that one. I’ll give this some thought, then contact them and see where it goes. Thanks for all your help.
  11. No Judgement or anything received from court. As for the old address, Shoos have definitely had that for a considerable time before they applied to the court. I’ve got several letters, all dated that are in the new address, so proof they have and have used it, they’ve neglected to inform the court. As I thought.... all a bit sneaky.
  12. So, what you’re saying is, that order is the only legal authority they have to take my funds? Without it they can’t take a penny?
  13. They’ve taken payments every month, we’ve not missed a payment. Statement to prove from them too. The Tomlin order, the initial one Jan 2017, isn’t live? It’s not fully signed, and amount is wrong. The second, corrected one they sent they claim they never got, which i think is why CCJ was applied for. They’ve also got new address, and have had it since Dec 2016, which is bizarre, but I suspect they may have used old one deliberately? It’s all a bit sneaky I suspect, and whilst the debt isn’t my biggest worry, the CCJ is, it’s really making life difficult. I can’t
  14. Yes, directors guarantee, signed when account was opened. Of course, no one expects to get into trouble. Client is NWest
  15. Hi all. ok, need some help with this one. Our business (Ltd Co) folded in 2013, and left us with a large (£20k) debt from the overdraft that we had to personally guarantee. The bank chased us for a while but eventually turned it over to Shoosmiths who have chased us ever since. We had a lot of complaints which slowed things down, and eventually became so tired of it all we agreed to pay it off monthly as we couldn’t afford to settle it all. We had agreed a Tomlin order, one was sent for us to sign, but had someone else’s details on it.... bit naughty. Another cor
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