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Rustybike10

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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 absolutely no knowledge this was coming, as we'd not been notified in advance (thinking TO was keeping us safe). Our second mistake was trusting Shoos too much, like they would know better. Its all been a bit sneaky, quiet back door tactics.
  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 about, nor informed of by Shoos or Court, Even though our address was on the court forms as "main address for correspondence to be sent to". NO correspondence ever arrived with us. We found out from credit file notification (July 2018) 6 months after it was granted by court (Feb 2018). If wed have known it had gone to court, we may have been able to clear the debt or ensure TO was live, within the 28 days grace thus avoiding the CCJ. Shoos also wont admit the call we made to them on 5 April 2017 which would also mean they pushed the court action too early (within the 30 day notice period). The reason this has dragged on is because we logged a complaint with Shoos, they dragged their heels responding, and eventually sent a lengthy response saying basically its happened and there's nothing we can do about it. There is no leeway at all. Stupidly, we believed them. I've spent month digging and digging and am finding holes all over the place even though Shoos claim they've followed the correct procedures. Make any sense??
  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 back to court. All Nat**st through Sh***miths solicitors. The claim form amount, the TO amounts and their balance to us are al different too. Claim form amount is adrift by almost £200.
  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 were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, we'll extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge. I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that. And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!!
  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 linked to it. They will not set aside at their cost, and insist the matter is closed. If they wont agree submit an N244 and apply to set it aside on the basis that it was settled pursuant to a Tomlin Order dated xxxxx ..and request costs of the application.  This is my last resort but it’ll mean to avoid the CCJ I’ll have to pay the entire debt which I don’t have? Update them with your new address whilst your at it and also update the court. Is it my legal responsibility to do this?
  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. After the wrong docs were sent to us (someone else’s!) in Jan 2017 we signed the TO and sent back with a mandate agreeing to pay back @ £180 p/month. Shoos sent a letter in Feb 17 to say it hadn’t been signed, which we ignored. Mar 17 saw another letter saying it hadn’t been signed, I phoned them and sure enough we hadn’t signed one of the pages. They asked me to sign and send back. We delayed doing this, and end of Mar 17 saw another letter saying we needed to sign a new TO because the amounts were wrong on the previous one. This was dated 30 Mar17. It gave us 7 days to send it back or they “may” be instructed to file against us in court, (CCJ). I received this on 5 Apr17, it had to be back to them on 6 Apr17, I phoned and said there was no way we could get it to them next day, they said sign it, send it back, keep making payments. Payments had been made form Feb17 to this day. We signed fully the TO and sent back (recorded). We heard nothing else from Shoos. In May17 they sent forms for affordability analysis for us to fill and send which we did. Now, in July18, I get a ping from my credit file agency to say something had changed on my file. I checked to find a CCJ on my record dated Feb18. I enquired where and why, it was Shoos, because we hadn’t signed and sent TO. They filed with court May17, went to court Sept17, were granted judgement Feb18. I received nothing from Shoos about this, and nothing from Court. Shoos had my current address, so did the court, I suspect it was sent to our old address. Now, I’ve enquired and gathered info on this since Aug18, and been back & forward with Shoos, complaints etc, and nothing has been forthcoming. I have a response pack with new correspondence address on it dates Sept16. Shoos state the claim was issued to your last known address in accordance with the Civil Procedure Rules Part 6.9(2)1. to try and shrug it off, I don’t think this is right at all. Now, I need to know where I stand. I have no proof of the recorded TO I sent, they say they never received it, and say tough luck, and completely wash their hands of it all. I’ve pulled them up on the address issue, they say it’s our responsibility to inform the court of address change, bizarre seeing I didn’t even know it was going to court. The one thing I need to do is get rid of this CCJ, ASAP, but need help and advise as to where I stand. I wanted to avoid a CcJ at all costs as this would restrict lots of things like energy bills, bank accounts, work etc, one reason why we opted for the TO, to stay any action. Funds have been taken every month to date without fail. Legally, once notified of the Judgement, we had 30 days to act, to avoid the CCJ ie by paying it off in full. We had no opportunity to do this. Shoos say tough luck, take it up with the court. We’ve put an offer of £8k to NW as full and final but it’s been rejected by Shoos. I believe they think they have us boxed into a corner, and the only option is to complain to the court, they’ll ask us to pay to get it set aside on the address issue, and we’ll have to clear it in full (about £16k). what, legally, are our issues? Where do we stand now? This CCJ is crippling us. Any help will be very appreciated.
  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 updates as we get them. Thanks in advance for all your help Andyorch.
  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 even get into a new electric contract at home without a cash up front security. Also... I’m tempted to phone in, and see if they’ve got a copy of that “missing” order, and get them to email it to me.
  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 corrected one was sent, signed, and sent back with a direct debit. We then had a letter to say it wasn’t signed, we phoned stating it was, they agreed, but for the next two months letters came saying it was unsigned, saying they “may” enter judgement against us. The one thing we wanted to avoid was a CCJ. Turns out it wasn’t signed on the front page (wasn’t clear where to sign, usually you only need to sign once). Then we had a letter dated March 30th, received on 5th April 2017, saying the amount on the Tomlin Order amount was incorrect, and we had to sign a new one and send back. That had to get to them by the 6th April. I phoned them immediately, as I knew it wouldn’t get there in time, and we were extended by 14 days to get it to them. I sent it recorded the next day (since lost the reciept), and haven’t heard a thing since. Now, they’ve taken DD payments every month since Jan 2017, but.... in July 2018 we discovered a CCJ against us on credit file. Turns out they applied to court May 2017, went to court Sept 2017, and were granted CCJ Feb 2018. They claim they never received the new Tomlin Order, which has triggered it. Now, we were COMPLETELY unaware of this happening, and furious that we hadn’t been informed of this. I deeply suspect all the correspondence was sent to our old address, which is what’s on the claim form was from April 2016. Can anyone help with some info? we have no ides where to turn, we’ve trawled the net, there’s some good info, and some conflicting. I am considering making an offer of full & final, but think I need to get aside too.
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