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Found 5 results

  1. Good evening and thank you for this amazing forum It is a case for 5k where i am not sure whether to try and point out something or not in the hearing for setting aside judgement I am the claimant. the defendant replied their defence to an incorrect email address and therefore i was awarded default judgment as the court did not recieve their defence in time. the defendant sent an email to one of the ccbaq email addresses which was not the correct email address for filing a defence. in the atutomatic reply it said not to duplicate the email as it wastes court time, so they did not send through their defence through any other avenues. now the other side wish to set aside judgment. there is a hearing soon to set aside judgment their defence is totally wrong as they have gotten totally muddled up. in the past I had had a seperate issue with the defendant which was resolved and their current defence basically says that i had resolved the current case and therefore cannot claim again. so the defendant has muddled up the two cases as it is clear as it is a seperate case which was resolved. my question / dilema is should i try (option 1) stop the defendant setting default judgment aside and show why the defence is totally flawed. if i win the hearing to set aside judgement on the grounds that the defendant has no prospect for success in their defence, then that would be great... but i will probably loose as they have got quite a good excuse that they sent the defence to a mistaken email address. they will claim that there was a valid reason in missing the deadline for submitting a defence. in this scenario where they will win the hearing for setting aside judgement, they will fix their defence for the proper hearing later on. as they will realise that in their defence they had muddled up the two issues. or my second option (option 2) should i allow them to set aside judgement without disclosing why their defence makes no sense and save it for the final hearing where i will prove that their defence is flawed. but i may be accused of obstruction of justice by not pointing out that the defendant has made a simple mistake of muddling up the two issues. I am very grateful in advance for replies kind regards
  2. I am the sole director of a limited company. I have today received a claim from a national supplier for a debt that the company owe. I am no longer trading and wish to dissolve the company. Would the correct action in this instance to reply (within the 14 day period) and include a statement of truth advising that the company is insolvent? the debt is only for circa £1000 Thanks in advance
  3. Hi all I have to old Egg accounts that were transferred to Barclaycard. Both account closed and in default more than 6 years ago. Balance on both accounts was £10,000 each and is still outstanding. I submitted PPI claim and have received a letter from them upholding my complaint (one one account so far) and offering the following - Refund of CRP payments to 10 March 2002 £217.15 Refund of interest charged on CRP premiums £3.95 8% simple interest inc extra 45 days £165.83 Total = £385.93 They are applying refund to my debt (which I know they are not allowed to do) and sending me a cheque for the interest. I have made an SAR which is now overdue and will now go the County Court route as I am not convinced that the figures are correct for a £10,000 credit card balance. When I called them they said that that the card start date was 1 year earlier. This not correct and I can't prove it but it probably works to my advantage as CRP on £10k in one year must have been impressive. Two questions that I would like help on please - 1. Should I send the cheque back to them for the interest as they owe me the full amount as they have bought the debt from Egg? 2. Should the figure be higher than the one stated? Apologies if this crosses any existing threads bt I haven't found anything similar Thanks
  4. Hello I am new to the site and worried about making the correct decision for my present debt situation. Regretably I have built up debts of around 30.000 on c/cards, loan and bank o/draft, and so far managed to make minimum payments required. I am self employed, and my work now virtually non-existant due to the economic situation in the retail sector. I am single and receive a state pension - I do not have any private pension plan, and I rent a one bedroom flat which has a secure tenancy. My rent is just over the amount of my pension, and therefore I am already in shortfall - needing to find extra for c/tax, utilities food etc. I have no assets in the UK apart from my car, and any savings I had are now all gone. However I do have an asset abroad - in France, it's a modest one bed property with no central heating, requiring some modernisation. I could sell it - thus paying off my debts, and then I may possibly have enough to pay toward rent in UK for a few months - but the reality is that it could take years and years to sell! Which does not help my immediate situation. My other option is to go and live there - which had always been my intention - but work had kept me here. So after considering my options, I wrote a letter to my landlord informing them that I wished to terminate my tenancy giving the one months notice required - I took the letter in person in the hope that I could speak with an employee and explain my situation - however they were too busy to see me. In desperation I visited my local council offices explaining to them my situation, to see if I had any entitlement to help with my rent etc. I didn't think I would be entitled to any benefit, because of my asset, and was therefore surprised by their response. They told me to tear up my letter of notice to my landlord, as I would be making myself intentionally homeless and gave me application forms for H.Benefit and C.Tax - told me to go and see CAB and to find out about pension credits. Meanwhile a few weeks later, having given them all of my personel information, bank statements, bills address of asset etc. I received a letter saying I was not entitled to any benefits due to having an asset worth over 16,000. I confess I was slightly irritated by them at having wasted my valuable time and money - as I had to pay another months rent while all of this was going on, only prolonging my current bad situation! So once again I wrote another letter giving notice to my tenancy ...but this time it coincided with my first interview with CAB. ... and once again I was advised not to give notice to my flat. So yet more time passes and another months rent is almost due for payment - where do they think I am to magic this money from? I see CAB next week , but before my appointment with them thought I would ask the forum if they had any advice to give me. I am more confused than ever, not helped by medication I had been receiving for depression. Am I wrong to think that it makes more financial sense to move to where my overheads could be a little more achievable? and thus giving me breathing space to deal with my financial dilema - maybe even finding other ways of making a living over there? I am so scared I have got myself in to such a mess, and it seem that the current advise will only serve to speed up my demise, there is no money left to pay these outgoings unless drastically reduced. Can my creditors take everything away from me? or do I have more security over keeping my asset if I am actually living in it? I can't see that I will ever be able to afford payments on two homes any more, and so if I have no entitlement to financial help in the UK - I am unable to pay the rent, I really don't understand the advise that is telling me to stay? But if I go - what are the implications of living in France - but having a UK debt? Do I keep mailing address (of family) here fore example. Any advice would be so much appreciated, I am so confused - thank you in advance - and apologies for such a long post!
  5. basicly im buying a car tomorrow which is sorn atm would it be possible to move it after purchase with insurance and mot to my home address which is private land until I can get tot the post office in the morning for new tax disc would this be legal if im pulled would this stand up if explained to a police officer??
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