i have raised a complaint with CCMCC and cc'd in my local court for the case file , that CPR 23.4 was breached by the claimant (another breach) (not serving me the application) and the court failed to serve me the application meaning i lost my right to set aside, vary or stay. also requesting a copy of the application and their evidence.- as ive still no idea what they have done or written. its so frustrating the claimant, just tries to side step me all the time (keep me in the dark) and i know the costs they will put forward will be ridiculous

Yes - it was , didn’t say what application for how can I object if have no knowledge of what application they have done , just that ordered to be listed for hearing - seven days up yesterday according to latest post I’m happy to have a hearing , just don’t want judgment without a hearing I just want the opportunity to defend myself - Money claims judge ordered a hearing - that’s fine but local court saying , doesn’t matter it’s what our judge says - that’s what worries me why do I have to be on speed dial to court because the claimant ignore all procedures and protocols the application should have been served with their evidence to me

They haven’t served me the application or any documents at all I only know this because I rang the court protocols don’t apply To them apparently they haven’t followed any rules - just pressure all time but I have a defence and I’m entitled to have my time in court with it

Yes - just got off phone to court - theyve applied for summary judgment money claims ordered it needed a hearing at local court - spoken to local court , they said doesn’t matter what other judge said their judge will look at it and decide if it needs a hearing or not I’m so angry with this one I put on a bullet point defence and I have a massive strong defence to be submitted upon allocation and witness at stage etc that the judge now will not see before making a decision on whether to allow summary judgement - please tell me they don’t give them out easily and most of the time allow a hearing instead

It’s fast track - no confirmation of allocation, case management anything - it will be months and months so Confused as to why they made an application and I got An n24 im more intrigued , what did they apply for ? they’ve made an application for something I’m on hold to court now to find out

ive had a general form or judgement or order - im confused its says upon reading the claimants application IT IS ORDERED THAT The claim be transferred to the county court at xxxxxxx(my local court) for the application to be listed for hearing (on notice) and served no ive not had any application paperwork served on me or anything and this order was made without a hearing. then received 10 days later a notice of transfer of proceeding -to all parties As a result of an order made on the xx of sept this claim has been transferred to the county court of xxxxx (my local court) so what the hell has the claimant applied for ? a move of court nearer them which was denied, or something else

depends i have two companies - one refuses to send SAR reported to ICO, but i still need the data and cant do anything without it another company responded with long email of how they use my data, but no documents whatsoever- so having to SAR again- as i need the information companies are refusing to send! they are playing hardball, its like ICO aren't in the office or enforcing things

i have not yet - its next on my list but anyone claiming an amount in court has to substantiate what its made up of surely? what does - 'there is no statements for this account mean'? exactly what it says on the tin, they have no proof how they got to £xxxx Ill get the SAR out tomorrow

i have received a printed copy now, still not signed in my eyes, just a blank area next to a typed name but i actually think the debt was sold on because they have stated in writing , 'the creditor holds no statements for this account so none can provided' meaning the reason they cant enforce is nothing to do with signed guarantees but, no evidence of the amount owed? i'm assuming they cant enforce without proving the figure ?

different topic- different loan and lender its nothing to do with that case-so can it go back to its own thread?

HI- i told lloyds i do not have personal guarantees for business loan £20,000 (£14,000 on closure )and overdraft of £5000 taken many months before. business now folded They said i did -, i said send me the signed guarantee knowing there wasnt one in february 2020. Fast forward to yesterday full demand for £20,000 only to myself , and a poor copy of a shortened version of a guarantee, husband signature blank (which is why they havent demanded on him i guess), witness surname illegible. Received date stamp illegible. The short form does not even match the lending taken out with loan of £20,000 it states £25,000 and makes no reference to any loans etc. just 'guarantees payment of the customers liabilities' with a cap of £25,000 no statement as to how they have reached 20,000 demanded. now the overdraft cannot be included, as guarantees cant be given for past consideration, and that overdraft was already in existance for a while, before this alleged paperwork. the first typed page they have provided , i believe they typed in house and stapled to another page to try and create a guarantee, as not page numbered or has serial number or footer on first page, but does on second- and the £25,000 actually matches an amount borrowed by our other company. So i have asked them to prove page one relates to page two not just by a staple. anyone have any dealings with alleged bank guarantees? .

But the way they have wrote the contract- which the agreed and confirmed in SAR is a standard non negotiated document states party 1 - borrower Ltd busines party 2 - Mrs xxx (guarantor ) party 3- Mr xxxx (guarantor ) so they are saying this narrative is enough - when I am saying it’s irrelevant as our intention as per contract law - was not to personally guarantee - as we have correspondence to prove we asked not to, and they didn’t provide the Dogi and debentures as they normally do when a guarantee is required . So I’m relying not just of the missing docs but English contract law of - offer acceptance, And Intention of parties etc and just to note I have dealt with this Co before - same exact loan product different company - now paid off And there was a dogi and debenture Attached that time - so Then and us both know this time these parts were omitted in this instance at our request but also to note - one of the alleged ‘guarantors’ has not signed in a personal capacity - their copy missing as per SAR - also

Just an update - N181 all done and filed - SAR returned main thing that JCF plc are relying on - is that the business contract itself is the personal guarantee, however in contract- execution section 7.1 clearly state -DOGI (deed of guarantee and indemnity) to be signed in wet ink and legal advice document from solicitor returned execution section 7.2 clearly states - debenture to be signed in wet ink and returned. neither of these were done as i told my broker that i would not personally guarantee or raise debenture (have emails to prove)- and the SAR prove these documents dont exist. The SAR also proves the lending report states DOGI and debenture must be obtained and 'is ok by client' (lies) so they are seeking to rely on the business contract itself creating the guarantee and indemnity -as they dont have the contract referenced DOGI or debenture, as they were never presented, done or signed and SAR proves this. now my argument is - if the contract itself creates the guarantee and indemnity then why are these clauses and documents listed, stated and required in the contract detail. because if the contract is the guarantee and indemnity , there is no need to reference or list as documents to obtain (ie there is no need for them) and they are clutching at straws.

Thanks for all replies - yes I have forwarded it on to the phishing email , obv a scam

Hi - just got this email , looks completely dodgy no registration no specific location phone number not available etc tried it put reference into local authority website - not recognised thing is a few weeks back my husband was getting written a ticket , but he said I’m in a rush just post to me - and they said ok so I am expecting something through the post but never had this in an email or without details ? Scam e-mail.pdf

Ok- duly noted

Is there a cease and desist letter I could send -bit like the three letter process , or is that not supported by this site and out of date ?

They haven’t produced evidence of a tick box or an IP address , just what I posted up how would they produce evidence of a tick box , IP as they didn’t use a signature confirmation site ? obviously it was done online - and I would of had to tock a box for the business application ? Ok - I’m getting frustrated with Capquest now - I’ve asked it copies of ‘signed’ documents - And a statement of account they wrote back saying we now have the Signed document (they don’t , they would only have the unsigned copy like me - otherwise it wouldn’t have been sold to them )- but didn’t include in the letter , just said email them as Capquest will only email client documents! I’ve written again and asked why wasn’t it included in first posted letter and said yet again must send to me by post . They also said in letter we are unable to revert to original creditor in order to obtain the statement of account you requested so they won’t send me docs and they won’t obtain or send me a statement of the balance how can they operate like this - I have a right to use the postal system due to Capquest email scams and a right to know how much is requested and how they got to this number

i was pleased when they did sell it on - and i suppose on reflection, apart from sending me a default notice making out like it was a personal debt under CCA 1974 - which it wasnt and they agreed when i complained, they never bothered me again until sold on. Quick question, I’ve read up a lot on the resending and signing of credit agreements when new credit tokens are given - but this obviously a consumer issue , and my debt is business so unregulated however is a credit agreement is presented and titled - consumer credit agreement under 1974 - does it become a consumer agreement , or it can’t be even though they title it so - as this would change someone’s rights significantly By them incorrectly calling the document something it is not and one area where I feel they don’t have a signed personal guarantee Is because a couple of years back new wave capital said their cards are changing from MasterCard to visa , please sign up to new agreements blah blah i said no - I’m not signing and I’m not agreeing to personal guarantees on a new different type of card - I’m happy how I am am but they issued and changed our account to visa without us signing anything as we refused because I would right in thinking they needed us to resign up as changed the product on us which we (I have in writing) expressly refused to do. I have found in my email archive a copy of one of the agreement and alleged guarantee , importantly to note though it does not appear to be signed signatory boxes are as follows Verbatim in words and layout box 1 this document is a guarantee. Sign it only if you want to be bound by its terms. signature of guarantor mr xxxx bxxxx (large area next to this unsigned and blank) Dated:feb, 17 20** box 2 signed for and on bald of NEW WAVE CAPITAL LTD signed: David Lxxx dated feb 17, 20** its obvious box 2 the person who is named has their name applied as an e-sig (after a colon) and is to be operated as such - the name was intended as signature but box 1 just mentions the signature of ********, there is no signed: ****** This clear distinction shows husband signature not applied in box 1 what do you think this inclusion of name on prefilled electronic document done online by the lenders does not reflect the operation of a signature under Mehta v J Pereira Fernandes SA in that name must be intended to be a signature and not inserted as a result of software and no legally binding guarantee and Under eIDAS regulation only qualified electronic signature (ie the ones using software like docusign or others) have equivalent legal effect to hand written signatures- required for personal guarantees under s4 of statute of frauds. so Not seeing a validly signed agreement any opinions welcome

do you think ? thought maybe it was because of covid 19 so just wanted cash quick,rather than unenforceable i did think it strange they didnt pursue themselves they (arrow/capquest) sent a letter saying had the documents/signed agreement but didnt provide with the letter, just said contact office to get it - which i wont, surely if they had it they would have included with the letter i was fully prepared to defend under Etridge principles if they found it - legal advice certification etc etc

i have a letter saying it has been assigned from new wave capital ltd to arrow global ltd on 15 may 2020 and on this date all rights of new wave capital as owner of debt transferred to arrow global ltd

ok - the offer was only because i feel they will come up with a document, and for me my time was worth £400 not to fight as i have so many debts to deal with after the closure of the business. but i dont know its been six months , do they loose these agreements sometimes?

will do pdf directions DQ.pdf

yes

ok - thanks , wasnt planning to engage with them unless they provide and agreement similar problem with another debt ( asset finance on closed business) apparent PG with £1810- o/s i sent recorded delivery letter provide docs in march 2020.- they wont collect the asset ever-recorded call-- so not mitigating my losses anyways now getting emails saying how you going to clear this , i said respond to my letter sent recorded delivery ( basically offer of F & F £400 out of goodwill or provide docs- no response) they said havent seen it - people arent working in offices etc but thats not my problem -is it? i cant write to someones home address and im not sending legal docs and personal info over email.