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Andy Williams

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About Andy Williams

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  1. sorry did not address other point you made. If you are a business and checked the signature against the cheque guaranteed card you have fufilled your requirements regarding checkage and should be paid. ... However I reiterate I have argued until blue in the face before and have not been paid. Even Sainsbury's etc will not take cheques any more. You are probably fighting losing battle....
  2. There is no law that allows banks to do this ...but they have been doing this for a while. I used to have a restaurant and we would religiously take all cheque guarantee card details and the banks would still on occasion dishonour them. I think they particuarly try this on with small businesses and try and shift it to thier problem. 1) you need to check that you did fufill all criteria when taking the cheques. If you missed some information they will use this as an exscuse not to pay. 2) Are you a LTD company or a sole trader -you may need to prove that you are a business
  3. The Power, I have an account with NatWest set up as a Step account which is their basic account....it was quite basic when I set it up but now it does everything the normal account does bar a cheque book. internet banking etc. My credit rating has been improving steadily over the last year. The last time I went in a cashier asked if I wanted a full account with cheque book. I made an exscuse that I was too busy...thought she was trying it on for those add ons that they charge £10 a month for plus I didn't want another credit check at the time....as I left she said do it next time ith
  4. Ethical Business..nothing against you personally but I have dealt with Co-Op and Smile whilst helping my girlfriend and cannot believe how un-ethical and incompetent the staff and bank are. Let's forget the unlawful charges for a second (some of which you actually call commission???) Having closed her account with a final payment (and being assured that it was closed) 4 mths later Gary from Co-Op (yes I still remember his name) rang to ask what she was going to do about The £260 charges on her account....When challenged he actually checked the account and then replied 'oh it seems
  5. 1) yes... but the longer you leave it the less chance you have. There must be a genuine reason why the claim was not contested at the time eg you didn't receive claim form etc. The longer the time span the more dubious the Judge becomes and the more likely he/she will feel the set aside application is merely being done to improve credit rating. 2)The defendant must have a very good chance of success in defending the case. eg if the Judge does set aside judgement it will not finish there but the case will be reheard. You must bear in mind that a judgement that have been set aside could the
  6. The answer is I don't know if it will work. You need to make it clear to Wescott that you will not pay as it's unenforceable..so yes you could do a CCA request. However to save time you may want to tell them from the outset that Littlewoods have already told you that their is no executed agreement. As the amount is comparitively small I doubt if they have paid more than a few pennies to buy it....if anything. Maybe they split the money if you pay, or they work the sale of the debt on some sort of sale or return basis whereby they return the debt if they cannot collect. It all depends
  7. As far as I am aware a creditor or DCA may pursue a debt if they believe it to be genuine ....even if the debt is unenforceable in court. The same with statute-barred debt. However although there is nothing legally wrong with them asking for repayment of a genuine but unenforceable debt....you are under no legal obligation to repay it. Infact if a creditor or DCA continue to press for repayment of a debt which you have confirmed you will not pay (as it's unenforceable) then you may report them to trading standards for harrasement. To answer your question 1)there is nothing lega
  8. The whole point about getting a default judgement is that you didn't file an acknowledgement or defense...had you done so you wouldn't be able to set aside the judgement as it would have meant that your defense was struck out for the order to be made. (In which case your only option is to appeal against the verdict within 14 days) Your argument needs to be a) for whatver reason you didn't receive the original claim form and b)you dispute the debt. Then even though the original default judgement was in Northampton the set aside application would be transferred to your local court. How
  9. To get a default judgement set aside you need a legitimate reason. The analyst mentioned one that is often used. Please bear in mind that the Judge may ask you to take the oath regarding this. However not only do you need a legitimate reason to explain why you didn't turn up in court or reply to the initial claim, you have in the Judge's eyes to have a realisitic chance of success.....in otherwords had the court case taken place what is your defense and would this have been good enough to strike out the claim. Even if the creditor confirms they have no objection to your application y
  10. congratulations on an excellent letter (to master of rolls)... this could also be varied slightly and sent as a covering letter to the court with any further N244 applications. I think it's important to keep up pressure on the court so they con't continue to take the easy options. All we need now is a hearing in CCC. If we don't with all the evidence submitted ...we really have been stitched up!
  11. I think the £65 fee is if you want an individual hearing with a Judge. The £35 fee(waivered in this case) is for non-hearings..where the judge will read and rule on your written evidence but won't see you in person
  12. I have read on another thread..I forget where...that Cardiff Court are making an exception and waiving the £35 fee specifically on this matter. However please do not take my word for it...phone the court tomorrow morning to confirm.
  13. Don't want to post 'hearsay' so will post word for word on monday as per an earlier posting. I'm quitting posting on this too....sorry if I've given you a hard time.
  14. thanks Gary for your responce... My posts have been limited to threads regarding Cardiff hearings due on the 14th August. If you look at threads over several links you will see that tens if not hundreds of people have rung Cardiff County Court to be informed that all claims due on the 14th have been stayed. On one thread I informed someone who was unaware that all cases have been stayed and that they should appeal. You seem to think this information should not be shared. The main difference between your advice and what I have noted from previous experience is that due to the useless
  15. As posted above Smutley...this is not some great crusade I am mounting. Anyone can ring the court and ask for an update on their individual case. In the case of cardiff county court they will tell you that all cases due on 14th have been stayed. You may receive this confirmation tomorrow or it may take longer. However the sooner people (if they wish) put in application to set aside this stay the more chance we have collectively of achieving it and having a block application heard on the 14th. To answer your question as i have already said all cases have been stayed the fact t
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