Jump to content


BankFodder BankFodder

Search the Community

Showing results for tags 'set'.

More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Campaign
    • Helpful Organisations
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
  • Work, Social and Community
  • Debt problems - including homes/ mortgages, PayDay Loans
  • Motoring
  • Legal Forums
  • Latest Consumer News


  • A Say in the Life of .....
  • Debt Diaries
  • Shopping & Money Saving Tips
  • chilleddrivingtuition

Find results in...

Find results that contain...

Date Created

  • Start


Last Updated

  • Start


Filter by number of...


  • Start



About Me


Found 168 results

  1. On form N244 there is a question (4) which asks "Have you attached a draft of the order you are applying for?" What is a draft order? Question 3 asks "What orders are you asking the court to make and why?" and I have written that I want the default judgement set aside and given the reasons I think it should be set aside. Does question 4 relate to this? Is it just a more in depth expansion of this or is it something completely different? I have searched on the internet and found conflicting answers to this. Some legal websites I have read say a draft order should be attached while others (e.g. NationalDebtline) say tick NO and leave it to the court to fill in. None of the websites actually explain what the draft order is though. I would greatly appreciate it if anyone can help. Thanks!
  2. The government has proposed a new tiered system of probate fees in England and Wales, based on the value of the deceased's estate, rather than the current flat fee of £215. Under the new system, estates with a value of less than £50,000 will be exempt from probate fees altogether. This is a tenfold hike in the current probate threshold. It would mean that an estimated 30,000 estates a year would escape a probate charge. Estates worth more than £50,000 will face probate fees which rise as the value of the estate increases: For estates worth more than £50,000 but less than £300,000, the new probate fee will be £300 For estates worth more than £300,000 but less than £500,000, the new probate fee will be £1,000 For estates worth more than £500,000 but less than £1m, the new probate fee will be £4,000. The new probate fee continues to rise until it reaches an eye-watering £20,000 for estates worth over £2m Read more: http://www.which.co.uk/news/2016/06/probate-fees-set-to-rocket-446338/ - Which?
  3. Hi all I'm trying to get a court CCJ Judgement set aside. Essentially I am disputing the CCJ on the grounds that I had emigrated prior to the judgement being granted. 1. I disputed the debt and attempted to resolve this with the claimant. 2. Prior to emigrating from the UK I notified the claimant of my intention to emigrate and further agree settlement 3. After emigrating I confirmed I had left the country 4. They obtained a CCJ at my previous UK address 11 months after I emigrated 5. I never saw the summons 6. I discovered the CCJ 5 years later and now want it setting aside. I've completed form N244 including supporting evidence (visa stamps, new local driving licence, citizenship cert). Where do I send this and can someone confirm the costs? Also anyone been in a similar position and can offer some guidance on how they approached this? thanks Andy
  4. Does anyone know the bank details of Rossendales to set up the standing order, its the account number and sort code of Rossendales i need, its not clear on the website. Its because i have a bailiff coming in the morning and he said he will be taking goods. I have explained i am in terrible grief following the death of my partner, i explained i will not cope with the upset, i am in process of facing all the things i have not felt able, but i have a lot of unopened post so it wont be the only threatening letter. i need to be realistic an offer what i can. I want to set up a standing order to pay in installments the balance , first if i have proof i am repaying will it stop any seizure of goods. secondly i looked on website but cant find the account number and sort code of rossendales to set up standing order. I wondered if anyone else has managed to locate it
  5. Hi All, I've read lots of info on here but nothing that helps me for my specific case. I hope someone can throw their tuppance in! I have just found out that I have a CCJ in my name for a bill that I am not liable for. First thing I knew about it was when I checked my credit history. I am very distressed that this is on my credit history because I was hoping to get a mortgage in the next few months and this has completely messed up my credit score! The water bill at a place I now no longer live at is in arrears. I lived in the property as joint tenants with some friends from November 2013- March 2014. I moved out and they stayed on, amending the tenancy agreement and all the bills accordingly. I have loads of documents to demonstrate I moved out (council tax bill, tenancy agreements etc) the other tenants kept telling them I didn't live there but the water company refuse to change their records retrospectively. They quote a law which says we should have given 2 days notice which we did but it just wasn't recorded on their system. It's my word against theirs essentially. I had never received a summons or case judgement. Part of the money owed £85 was sent to a Debt Collection Agency and I've squared it with them. The DCA accept that I don't live there and put it on hold whilst they go back to the water company). However, I still have £600 debt in my name and this CCJ on my file. The other tenants maintain they didn't know about any of this but I can't 100% trust them on that. They said no post has come in my name but they didn't tell me my name was on the water bills they couldn't pay so I'm not convinced. However, the court document I got lists my recent address, and I assume they got this from the Electoral Roll, yet nothing turned up there either. Things I have done so far: • Scanned in Council Tax Bills and sent to water company (I've been told they won't take them into consideration). • Telephoned the water company to ask why the CCJ was issued in October 2015 in my name only. It was explained that they don't do joint claims and couldn't tell me why just that "it was policy to use the first name on the account" even though they had been dealing with the other names on the account. They told me that the other tenants had set up a payment plan which they missed a payment on, ignored the water companies calls and letters so the water company started court proceedings. • Written to the water company asking for copies of all correspondence. I plan to do a SAR/Data Protection request too. I have no idea of the exact dates, what payments have been made and when etc • Written to the court and asked for more info. I was told that the "claim pack cannot be reproduced" and they emailed me a scanned document with some basic details of the case. Not entirely sure what this document is but it lists the breakdown of costs and addresses of both parties. Anything else I should do? I know I need to get the application to Set Aside in ASAP but my partner is worried we'll lose and end up paying more money. I've explained that even if we pay it off it will still be on my history so I really need to fight it.
  6. UK mobile networks look set to be forced to make it free to unlock phones at the end of customers' contracts, it was announced in The Budget. Currently, each major network offers different options to consumers who want their phone unlocked, with most charging for the privilege. Unlocking a phone allows customers to switch networks as they please. Following this week’s Budget, the government says that all mobile users should be able to have their handset unlocked at the end of their deal without paying. While it is hoping to get networks to sign up voluntarily, the government has promised to pass laws to force networks to comply if an agreement can’t be reached. http://www.uswitch.com/mobiles/news/2016/03/mobile-networks-set-to-be-forced-to-unlock-phones-for-free/?utm_campaign=insight&utm_content=160321&utm_medium=email&utm_source=uswitch&utm_term=mobiles-content-pod
  7. Here are the current court fees which take effect from today 22nd April 2014. http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf http://www.consumeractiongroup.co.uk/forum/showthread.php?421493-Court-fees-increase-from-22nd-April-2014 http://www.legislation.gov.uk/ukdsi/2015/9780111127490
  8. Hello I really need some advice. I have been given an eviction date from my mortgage lender as we are in arrears and have failed to keep to an agreement. This eviction is set for the 10th of March, we only received the notice a week and a bit ago. I have filed an N244 application to try and delay the eviction. I just don't know if it will be successful and as this hearing is set for the 8th it would be cutting it very fine. I have written in the N244 that due to my wife's medical condition we desperately need more time to find accommodation. She has an chronic back/spine condition and struggles to do normal day to day things and mobility can be an issue at times. She is also being treated for a heart issue and has to have her liver scanned at the end of March for a separate issue. We have approached the council and have been put on the list for "suitable housing" closer to our grown up Children.They need to help her when I am at work or working away. This all takes time! I have also asked if we can have time to sell the house ourselves but not sure if this will be allowed. Does anyone have experience of these hearing and if this could buy more time? I am totally lost............
  9. Hi, I am new to this forum and new to legal terms and I am confused with what happened in court today. Someone please help me understand? Here is the story. I received an attachment of earnings order for a default judgement I knew nothing about. I enquired and found out that Lowell had applied to court a few months earlier and got the default judgement as I did not get any paperwork. Further, I had written them with CCA request but they never replied I thought that it is over and done with. I applied to local court to set aside the judgement with a witness statement and defence where I explained to court about their dirty tricks and made up evidence etc. I sent all of those documents to Lowell as well so that they could put their side of story in court. what I did not understand was that a day later, they wrote to me with a signed draft order accepting to set aside the default judgment, withdrawing their AoE order application, and paying me court fees, then asking the court for permission to reply to my defence I thought that was a trap I went to court the next day, where I thought that the case would have been heard and judge making a decision. that was not the case, and Lowell hired a local solicitor to put to court the things they said in their letter, judge said to me that was easy and struck out the judgement and AoE order, then set a date for next hearing. I am very confused have two questions; 1. Why the Lowell accepted to set aside judgement and AoE order? 2. Why the judge set another hearing to hear the case when he had already quashed the judgment? I hope someone could answer the above two question. Thanks
  10. Hi Caggers, I hope you can help . . . thought I was over this lot . . . I had an egg card many moons ago along with other CC's sadly when my printing company hit the wall in roughly 2008 things of course took a turn for the worst. I managed to pay off capital, spoke to barclayshark who said, you're not in arrears so we can't do anything . . . yet . . . i also paid off MBNA and pg's with the bank. I spent almost £30k paying off those and of course there was no more cash left and no income for agreements. Clearly BC and Egg don't listen and thanks to help on here I managed to put those companies back in their boxes and for years I had nothing but the usual threatening letters from various DC's . . . and then came the Talk Talk Hack and the free Noddle credit check and this is where I noticed that my Credit Rating which in April 'ish on experian and the other one was in the green (which i was amazed at) I noticed I was a 1 out of 5 on Noddle?? clicking through I see a CCJ for over £4k and i've now found out it is Marlin and the old Egg debt . . . So what's the next step for me please? I guess contacting the local County Court to get the ruling Set Aside but what after that? I'd appreciate all the help I can get . . I was so chuffed to get a green credit rating earlier this year and now i'm being dragged back into the red again . . .
  11. Hi all really need some advice am so worried. We have c/tax arrears for 2015/16 which up to today we had left 596.20 the last payment we we're due to make was late by 7 days due to my partner being self employed and the way payments fell due to Christmas. Anyway we have always made payments as agreed with jbw never have we not paid(over a £1000 has already been paid to them) well today I received a not so lovely visit from two bailiffs who to say the least we're not the most pleasant of people I have ever meet. They issued us with a enforcement notice for full payment which now stands at 831.20 due to 235 in fees. I said to the bailiff could we not continue with the current payment plan of £250 a month to which he replied well how much can you pay today I said £20 as I paid you £250 less than 7 days ago and that's all I have, then the next payment of £250 would be made as normal on 18th Feb. But refused this offer. Now I don't know where we stand there is no date on the letter as to when they will be back either. I never let them into my home and never offered them in either. What worries me the most is if they turn up again when my daughter who has a disability is here lucky enough today she was at school but what about next time she would not react well to these thugs in suits turning up and behaving in the manner in which they did today. I'm really at my wits end I don't know what else to do. Any advice would be grateful. Thank you
  12. Hi all! I have been reading through alot of threads to gain info. We have a problem with a builder, who was supposed to do approx £27k of work on our house. I will keep details sketchy as I don't want to identify ourselves. he was a cowboy, didn't do the work as he was contracted to do (we had no written contract, but the Surveyor had specified what needed to be done and how and the quote referred to "all works as detailed in the surveyor;s report). To cut a long story short, he has had two attempts to fix the roof, and has only made it worse both times, and it is now falling apart instead of renovated. We will have to completely re roof it now as its not viable to try to fix it anymore. There are other jobs that were done and also all wrong for varying reasons. We had taken legal advice, had the original surveyor in twice to assess the property and works and draw up a scotts schedule. The work he has done was considered as £0 value due to not being what was supposed to be done and shoddy work. The damages to our property soar at over £60,000, certified by both the FRICS surveyor and conservation. Including legal expenses and other fees the claim against him will be over £70,000. He has chased us with 3 debt collection companies so far, one whom sent out a Liverpool gangster to deliver a Statuatory demand against us to try to bankrupt us. I have proof of who he was, as for some reason when I explained what the builder had done to our house, he claimed to be a "surveyor" and told me he could survey the damages for us, and wrote his number and name down. When i googled him and found his image and name I found out who he really is. -none of the debt collectors have been told by him its a disputed debt. -The first debt agreed to wait until a certain date to get the scotts schedule and evidence, but before that date came around, the next was pursuing us vigorously. -The second debt collector refused to contact our solicitor despite being told to only converse via him and repeatedly texted us and phoned us saying they were going to bankrupt us. -Our solicitor tried to call them but his calls went unreturned and he had to email them to ask them to desist harrassing us and only converse via him. -Then they sent letters threatening SD against us, and when contacted AGAIN by our solicitor for continuing to ignore the direction to speak via our legal advisor, claimed they never received his "letter", (even though it was an email!) -We forced them to set aside the Statutory demand, by furnishing the evidence and he was dropped like a hot potato by the bulldog debt collectors and that was the last that we heard from anyone for approx 8 months, until we got a letter a few days ago, from yet another. -I have recording software on my phone so made sure i used it when I called this debt collection company. We haven't got the solicitor involved again as yet, as we don't want to part with yet another £500 to get rid of these guys. I had a list of qurestions which i calmly repeated: "has your client told you this is a disputed debt? -has your client told you that you are the third debt collector he has gotten on to us? -has he told you he issued a statutory demand against us which they had to set aside when the evidence was furnished -has he told you we have proof of a £70,000 AGAINST HIM? etc... She said she didn't have a record that he had told them it was a disputed debt but would get the case manager to call us back, which hasn't happened yet. -Also I'll mention the claim of monies owed started at around £15,000, and each time the amount has changed and risen and now he's claiming theres over £25,000 outstanding, which is absolute balshovic! He's just making up amounts and doesn't actually KNOW what the actual amount would have been had he done a satisfactory job. Our solicitor said should we take this to court we must be aware it will cost us at least : -£2500 filing fee with court -£10 - 15,000 of solicitor, barrister and court costs in the year it will take to get to court, and thats before the case is heard. The evidence is overwhelming and I feel we would blow him out of the water should we try the case, but our solicitor is concerned that we will get a win, but get no funds out of him as he doesn't really have company assets the tracing agent could identify, and the company has a £150,000 debt against it. ..The only upside is, he said the banks wouldn't let a builder run up such huge amounts of debt unless they had it secured against something , and we know he has a property worth at least £600,000 in his personal name, so should he not pay, we could seek a winding up order of his company, which couldn't happen until he repaid the banks , and if he didn't have the cash to pay the debt, they would force him to sell his home, so he most likely would then be forced to pay us to avoid losing his home. So we are not sure whether its worth losing yet more money trying to take him to court, but until we take him to court, how do you stop him constantly harrassing us with debt collector after debt collector? I feel he is just trying to be a nuisance and waste our money on solicitor fees endlessly as he knows he has no hope of getting any more money out of us. I called citizens advice bureau, but they said there is nothing they can do as its not a small claims case. Each time he does this, we have to answer to the debt collectors and waste more money-surely there is some way he can be stopped from doing this? He is purposely misleading debt collectors in order to get them to take his case by not disclosing the facts.
  13. Attending court on Friday with my daughter with regard to a set aside. Been dropped in it basically, what do i need to do, not done this before.
  14. Sorry if I have the wrong forum. In 2001 I had a Brantano Card via Creation. in 2003 I had a business failure and told them I couldn't pay anything. They left me alone and to be honest, they never came back to me. Time went on and I received a letter from Lowell in May 2014, I wrote back with the template letters from this site, the CCA proof £1, S10 form £10 for Account etc. I heard nothing back. in August, the same from Red, again I sent the two letters with postal orders, all via registered post. Then nothing. November I had the same again from Fredericks, again, I sent the same. I had not sent the Statue Barred letters as I wanted to see whether they could produce anything. Then a problem. I got the same from Cabot, I sent a letter telling them of the above and that I was not sending another £11 when nothing has been produced. They ignored what I had sent, then passed it to their Solicitors, RESTONS. who sent me a letter before action, I was to answer it, but had a really bad accident in my wheelchair when crossing the road. (a driver got fed up waiting, zoomed off catching my handle dragging me along the road. I was being treated by the air ambulance on the road for three hours before five weeks in Hospital, three operations etc.) I managed to access MCOL, said I had a defence, i,e. it was Statute Barred, the debtors had not supplied anything proving I held an account with them, apart from a internal printout showing a payment from £1.00 in April 2014 on the Account. £1.00 that was what they paid for the debt. I have since been recovering, got another operation in three weeks time and I am coping with the aftermath of the accident. I have a Crown Court case to deal with, Police and all this compounds my other problems stemming from my disability. Restons got judgement in default on the last few days in January. I have just not been well enough to deal with anything, now I have a Bailiff letter. Its taken three days just to write this out. What can I do? I stress, no payment has been made since 2003. I would have defended the Court Claim had the Accident not happen. Can I get a set aside, then look to dismiss the claim on the basis of Statute Barred? Help and links to letters, court forms would be much appreciated.
  15. Choosing the best mortgage deal will become easier as major lenders have agreed to start describing mortgage fees in the same way by the end of this year. Which? and the Council of Mortgage Lenders (CML) have worked together to create a tariff of mortgage charges that will make it simpler for customers to understand fees and compare deals from different mortgage lenders. Lenders representing 85% of the mortgage market have agreed to use the fee names and descriptions laid out in the tariff on their websites by the end of this year. Previous research by Which? in 2014 found that mortgage holders were being faced with over 40 different fees and charges from lenders, from set-up costs to arrears fees. http://www.which.co.uk/news/2015/11/mortgage-comparison-set-to-become-easier-423956/
  16. aa I've never received a N24 form before, so I have no idea what to do, also I cant seem find anything to do with the N24 we've just received on the site. All we received was 2 sheets of paper, telling us to file within 7 days, & a cryptic accompanying letter sent to our solicitor. I've attached this to the post My main question is what is "an order excluding the Defendants from the property"? Does it mean a lodger ie an excluded tenant? or something else? Is it evicting a commercial tenant? The full paragraph says : " in detail and in numbered paragraphs the background to the dispute and why they are entitled to an order excluding the Defendants from the property" I have no idea what this means ... The accompanying letter to the solicitor said something about varying a residential contract into a commercial contract. I've included the full letter as an attachment. The exact wording about the varying order is: "That the said Assured Shorthold Tenancy bearing the latest date be varied into a business/commercial lease upon registration or obtaining an operating licence with the regulatory board namely Office of Standards for Education Department (OFSTED). " Also is it possible to ask the court to show us the original application or order from the court, so we know what the hell is going on ... The only forms we received said Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. The Claimants must file with the Court and serve on each Defendant by 10-12-2015 a signed and dated witness statement which sets out clearly and in detail and in numbered paragraphs the background to the dispute and why they are entitled to an order excluding the Defendants from the property and which contains a declaration ('a statement of truth*) that the contents are true . 3) When the Claimants do this the application will be placed before a circuit judge who will decide without a hearing when it will be heard: 4) If the Claimants do not do this by the date given, the application (but not the Claim will be struck out) Dated 17 November 2015 Again we have no idea whats going on, please help. Thanks
  17. Pretty straightforward really My husband and I recently tried to rent a new property but the credit check came back negatively (we weren't expecting this). On checking credit report husband has been given a CCJ through the Northampton bulk processing business centre, the court documents were sent to his previous address 18 months ago. We have evidence that he didn't live in the property at the time. The debt is only tiny, (around £450) and had we known about the judgement at the time we could have paid in full and avoided the CCJ being added to the credit report. The original debt was from capital one and my husband can't remember when he took out the card but it would have been over 5 years ago, and he has moved address 4 times and lost his previous tenancy after divorce. Do you think it's worth applying to have the CCJ set aside, so we can then make full payment and clear the CCJ or is it pointless and we just look for a landlord who will take us regardless of the credit check and wait it out until it comes off on it's own?
  18. Is this all legit and above board? This is the sort of thing I mean; http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=84262 I have a similar issue with quickquid in which they sold a debt and all rights to a third party, but I think they have now bought it back and want to offset the balance against a refund I'm owed. I have noted that the debt is full of charges which would need to be removed. It seems unfair that they can do this as when they sold the account they broke the chain and their right to set it off against any future refund. And they probably sold it for a fraction of what they are now saying it is worth. Any thoughts?
  19. Hi people. I emigrated to Ozz 3 years ago in my absense Link Financial obtained a CCJ over an old disputed British Gas originally finaced by GE money. Link bought the debt from GE. The dispute was over the interest rate charged by GE money for the boiler. In essence I did no sign the credit agreement. The CCJ was issued on my old UK address. Today the court have agreed to set it aside, in a telephone hearing which is great, but have instructed me to write a defence letter to Link and also the Court, I acknowledged to the Court that I owe money for the Gas boiler. I am confused as to what to write especially as link have said that due to commercial reasons they will no longer be pursuing the debt . Will the CCJ still stand or is it dependent on my defence letter? Love some sane advice...Thnaks
  20. Hi i would be grateful for any clarification other caggers can provide. LTSB Gold Service Payment application form circa 1990's. across the top of the application 'Lloyds Bank Gold Service Payment/Photo Card Application Form' underneath Credit agreement regulated by the Consumer Credit Act 1974. this is very confusing as part of the document states under 'Security' 'the overdraft facility made available under this agreement is unsecured and shall not be secured or treated as secured by virtue of any mortgage, charge or other security which i/we may have already given (or may in future give) to you. does this then mean that if there is a dispute that LTSB cannot enforce to change the 'unsecured' to 'secured' via a CCJ ? then further down it states 'to be considered for a Lloyds Bank Gold Service Payment Card you must sign in the box below' this implies to me the A4 form is an application form and not an agreement, however in the signature box it refers to 'this is a Credit Agreement regulated by the CCA' has anyone else come across this? and what is the position. Thank You
  21. Hi all, The last 6 months or so i've been finally cleaning up my credit file and dealing with various debts i built up over several years. In early 2012 got stuck in a pay day loan cycle and my brother died in his 30's and i suffered depression and barely kept going at work and just buried my head in the sand. Whilst this was going on i had bought a couple of items ( as far as i remember) from Littlewoods mail order catalogue. At the time i'd totally given up my credit file and was in no condition to be taking credit to be honest. out of the Blue 18 months later, Bryan Carter on behalf of Lowells sent me a court claim form for Northampton Bulk Centre. I was in no fit state to deal with it properly , had no knowledge and had no energy to defend it/didn't know on what grounds .A little i did read on here was to ask Bryan Carter for a Consent Order so i would avoid a judgement , i offered £15 a month and they accepted the amount. They jumped on my naivety and sent me the claim form and said first thing to do was fill in that you accept liability and write on it you offer £15a month. I assumed this would then go to a judge and he'd sign it off and Consent order done. Well as you can guess the judgement came through not long after. Immediately after it dawned on me the amount was way out, was around £840 the claim and i'm paying back nearly £1100 with court fees. I'd not seen a default notice, notice of assignment, breakdown of figures , any contract or anything. The default balance was £688 and that's with around 4 months of anything Littlewoods may have initially added to it . I believe i bought around £450 of goods and i am content to pay what i truly owe. So i estimate Littlewoods added atleast £100-£150 in fees , and Lowells near enough £150 .I've repaid £250 so far. I know its frowned upon to apply for a set-aside ages after the claim, in this case 18 months. However would it be judged on it's merits if i could convince a judge i was mentally not able to deal with my finances at the time and since the CCJ i've got doubts about the amount and have seen no paperwork at all . I'm confident if i was dealing with this claim today and it had just arrived that i'd have a very strong defence to the amounts and would make sure the paperwork was there and adequate. To get it gone i'm happy to consult a consumer legal professional and if they think i'm worth backing maybe one could represent me on the day so i don't get stuck .I'm in Northampton anyway so local to the court. Would representation show i'm taking it seriously or be seen negatively? I appreciate any help as its my only CCJ on file (got some few year old defaults but clean history/no borrowing last few years other than the CCJ) .Couple of jobs i've gone for have said it might be an issue if i do financial work. Many Thanks James
  22. Hello, I have discovered that there is a CCJ from 2011 for over £7k against me. I think it relates to a credit card with MBNA. The thing is, at the time of the issue of the CCJ I had been living abroad for over two years and had informed MBNA of this fact - never received a reply. The CCJ was taken out by a DCA and not by the original creditor. I doubt my change of address was noted. Instead the CCJ was taken out at my parents' address - which was not my last known UK address, but my last but one. I would have disputed the amount as this seems incorrect. I also would have issued a CCA to ascertain whether the DCA had the necessary paperwork for legal action. I received no information regarding this matter and was totally unaware of it until yesterday. My intention is to apply to have it set aside. However, there is the timescale involved - is it too late to do so? Also, the DCA may argue that they were unaware of my change of address and that they served at my last known address (although they didn't). Is it possible to make a defence that I dispute the amount and that I would have made a CCA request? Is the fact that I was never given the chance to present a defence a defence in itself? That I never heard from MBNA that the debt had been sold or from the DCA that they had purchased the debt?
  23. PPI used to set off credit card debt I have found out today that 3 years ago Halifax used my PPI award to set off against a credit card debt. I haven't had any correspondence about this at all. It only came to light because a few weeks ago they sent me a letter and questionnaire saying that my PPI claim could be reconsidered. Today's letter says that it was reconsidered in 2012 (without my knowledge) and I was awarded £1100. I couldn't find any record of this in correspondence or bank so rang them - after much faffing about the girl said it had been used against my debt. A letter's gone out tonight asking for copy statements from beginning of 2012 to date as they seem to have stopped sending me any. Is if acceptable for PPI awards to be used in this way? Any chance of a refund do you think? My personal circumstances are pretty dire due to bereavement and divorce, as they have been advised many, many times. Thanks, Dimps
  24. Hi, is there a set procedure which Banks, building society's and investment Co are legally, duty, morally bound to follow, if an account holder/investor reports suspicious activity (Fraud) on their investment/account.? I ask as recently I reported a suspicious activity (Fraud) on an investment and was told it was transferred out to ( a person known to me) and "we will be investigating" I asked should I report it to the police and was told that was my right to report it to police but "we will investigate". I decided to report the fraud and contacted, Action Fraud. I explained money had been transferred out of an investment without my knowledge or authority by a person known to me. Action Fraud explained that it was the reasonability of the investment Co to investigate. and that I could not action any police investigation until investment Co had completed their investigation. I could only give details which would be filed away. I was in contact with the investment Co while they were investigating, and asked "Will the account of the recipient be frozen to prevent them removing/transferring money out, after a few replies that they could not give me those detail (Data Protection Act) I finally got one employee to confirm the account had been frozen. I have recently found out that while the investment Co were investigating, the account the money was transferred/deposited to was not frozen and now the money gone/spent. So my question : Once fraud reported, is there a procedure which Banks, building society's and investment Co need to follow in circumstances like mine to protect investors money from being lost/spent/transfered to other accounts by fraudsters, ?
  25. Hi all There seems to be a glitch in the other sub forum i wanted to post in so posting in here I was wondering if anyone has had any success with asking the creditor who issued the CCJ that if i agree to pay will they agree to the set aside. Just a bit of background: (short and sweet) was issued this back in Nov 14, i never received the original claim but received the default CCJ. After some research i understand this cant be a reason to have the CCJ set aside by going down the normal route. I'm still very new as to what to do to be honest many thanks for taking the time to read
  • Create New...