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mrjon

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  1. I will post the letter when it arrives, thanks for your advice.
  2. I made an offer to Barclaycard for a full and final settlement of £2.3k for a debt of £7.1k, the £2.3k to be paid by a family member, Barclaycard accepted the offer, and written confirmation is on its way, from the telephone conversation it was stated the debt will show as partially settled on the credit file and they would not pursue the remaining balance. Are these terms acceptable? I am not worried about my credit rating, can I be taken to court for the remaining balance? can interest be restarted on the remaining balance or does the not pursue in effect end the matter? If the debt is sold on, the agreement not to pursue the remaining balance will the new debt buyer be also hold to that? Thanks for your help.
  3. 30 years ago I returned my car that was on HP to VW Finance after they obtained a court order as I had not paid the final payment, the court order was for the car to be returned and to pay 5k final payment. I posted the keys back to VW and was told the car would be sold at auction and the sale proceeds would be deducted from the 5k final payment, I never heard back again, I doubt the car would have sold for 5k, I would have expected some outstanding balance. This all happened 30 years ago, I am now buying a house and I am concerned could this come back to haunt me? I understand after 6 years the courts permission is required to enforce a CCJ and there must be a good reason, also court records would no longer exist and the claimant perhaps would need the original CCJ to even attempt this. My worry is if I buy a house and out of the blue I get a statutory demand or some other claim for payment, can anybody give a view on this please? Thanks
  4. I do have a copy of the terms and conditions which state before the point of ready-to-exchange contracts abortive costs are 25% of the full bill, and if at the point of ready-to-exchange contracts then 90% of the full bill is aborted, my argument is that the other party were never in a position to exchange contracts, simply one side in a position to exchange is not enough, as the exchange cannot happen without 2 parties in agreement.
  5. Request for advice I was buying a property and the sale was aborted after 18 months, I received a final bill from my conveyancing solicitor for 90% of the original fixed price quoted, I made a complaint about the bill, I was expecting the bill to be 25% of the fixed price as the sale was aborted, as per the terms and conditions that I signed, I also complained that the solicitor had not acted in my best interests by not getting information from the vendor's solicitor that I requested and I relied upon this information, which caused me a financial loss. I proposed in my complaint that the bill should be regarded as settled with no outstanding balance, I heard nothing back immediately from my complaint and I assumed they accepted my complaint and the matter was closed. After 8 months I received an email response to my complaint making demands for full payment, I exchanged a few emails with the solicitor, but he was quite aggressive with me I proposed alternative debt resolution or mediation to resolve the matter, and the response was I had 3 days to pay in full or enforcement action would commence, my response was you have not complied with pre-court action protocol and refused alternative dispute resolution and that is not the proper way to behave or deal with a complaint, I was ignored. At that time I was living with my son and he was in Thailand I planned to visit him, as the solicitor had stated that enforcement would commence in 3 days, I forwarded an address for service where my son was staying in Thailand otherwise I would not receive any court paperwork as I would be abroad, the solicitor did not respond to that. This happened a year ago I am back from holiday and I have not heard anything at all about this again, can I assume the matter is over or did the solicitor attempt to serve me out of the jurisdiction? the bill was £850, I am worried he may try to rack up the costs of service etc and try to push up the claim to £5000 to make it a bankruptcy matter, he was so aggressive I find it difficult to believe he has just dropped it, I suffer from an anxiety disorder, and could do with some clear-headed advice on this. Thanking all the helpful people on this forum.
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