baileyboy
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Everything posted by baileyboy
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Hi, you need to start a new thread since you have tagged your post onto someone else and you won't get the help you need otherwise.
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DCA Chasing me for a Disolved Company Debt
baileyboy replied to Global_Mongrel's topic in Financial Legal Issues
If the debt was in the name of the company, then I cannot see how they can chase you "personally" unless you had given a personal guarantee to the amount at the time. They should have lodged the claim with the Administrators when the company was disolved.- 1 reply
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NatWest Will Not Release Secured Charge On House
baileyboy replied to dkcjm's topic in Financial Legal Issues
If you read the paperwork for the security charge on your home, somewhere within it will state that they can use the charge for all debts owing the bank, not just the one for the reason the charge was set up for. They don't give it up easily as I found out recently. -
Mike Dailly is clearly on the case and we will have to wait and see how it pans out. The masses however look to the forums such as CAG, Leagle seagulls, MSE, Consumer's forum (formerly Penalty Charges) and others for leadership and a glimmer of hope for getting their charges returned post the SC ruling which was a good old kicking for bank customers. It does appear to me as a member of CAG that most forums have in fact thrown in the towel long ago. The only exception appears to be the Consumer's Forum who, after a long wait, offer at least a way forward for its members to consider, only to be pulled to pieces with negative comments from other sites. What would be beneficial to every victim of bank muggings would be for every forum site to build on this POC or come up with alternatives, and not just bin it out the way as a non starter. The Supreme Court didn't rule out that charges may be challenged via other legal routes but none of the other forums appear to embrace this route with any relish which is a crying shame for skint members. For those Caggers interested, I see that there's an article about this issue on the Consumer's Forum home page.
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BankFodder, thank you for your comments on this latest development regarding reclaiming bank charges. Each and every working day customers are being pummelled with bank charges with no sign of an end to their financial carnage. Since the Supreme Court ruling in the banks favour, are you confirming that in your opinion all hope is now lost for consumers to ever get their money back, and should therefore just roll over and accept what the banks can take at will from their accounts? Money thats needed for food and shelter for their families? The fight appears to have disappeared from this and other well known sites that champion consumer rights and attempt to protect them from ripoff's from large financial businesses. If the POC from Consumer's Forum is irrelevent what can you offer us as members, to give us a chink of light, or glimmer of hope for recovering money thats been taken by no other means than a legal mugging?
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I notice over the road that a press release has been issued regarding a new POC for reclaiming unfair bank charges. This will make the banks sit up a bit thats for sure!
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Thesis/97 Loan, Erudio/98 chasing Student loans
baileyboy replied to Clear33's topic in Student loans/SLC
Its my understanding that after a clear period of 6 years, the clock cannot be restarted again even if a payment has been made voluntary or overwise. -
In that case you will need to attend the hearing when the court requests it. If you fail to attend without good reason, you could be held in contempt of court.
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I understand that the court papers have to be given to you by personal server rather than by post. Was this the case?
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Hearing date in October - Very worried is this the end
baileyboy replied to whatevernext's topic in Financial Legal Issues
You really need to post up your credit agreement (first removing your personal details) to let the experienced Caggers give you advice on whether its enforceable or not. -
Usually takes less than a couple of hours for on-line transactions to get to the creditors current / business account. What takes the 3-4 days is the money working through their own in house procedures to credit your card / loan account. They cannot say they didn't receive the money in time as they are only covering up for there own in-efficiency.
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Fenton Cooper admits to not having my CCA
baileyboy replied to stunned_monkey's topic in Debt Collection Agencies
Your "account" is unenforceable untill or if they find the paperwork. What they are trying to do now is turn it into a "moral" issue. You can only guide yourself on the morality part of this debt. Its not for us to lead you Monkey. -
Your beaten handsdown here Jordan. If thats the best you can do to defend your occupation then perhaps you may like to consider changing your direction in life.
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Not sure of the procedure, but I think that you need to apply to the court for a re-determination of the judgement. Basicly asking for a lower repayment agreement. The mistake is sending your I & E to Restons and not the court. Someone should be along soon to help you.
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If you've been making even token payments in the last 6 years then it won't be statute barred.
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Selena, you need to start your own thread with this and then more people will be able to help you. ;-)
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The agreement is not relevent if the alleged debt is over 6 years old without any payment or acknowlegement of the debt. Statute barred is the route forward.
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I think the tone of the letters is going up a gear, but they are only designed to put the frighteners on you more so than before. As Fred says, they would have done it well before now if they had the bottle. Which they haven't.
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Will my credit card debts affect spouse?
baileyboy replied to rockwell304's topic in Debt Collection Agencies
I may be wrong, but if your wife owns the house, and you live with her in the property, you may be deemed to have a financial "interest" even though she owns it. If this is the case, then if the creditor was to get a ccj against you, they may be able to get a charging order on the property. Hope I'm wrong though. -
A document can have 1, 2, 5, 30 pages and still be a single document and any prescribed terms still within the 4 corners if they are on page 1 or page 30. Its down to the creditor (I would suggest) to prove to the judge that the prescribed terms in a seperate t & c's are in fact part of the same document.
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