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  1. Hi There, I was hoping somebody might be able to help me out. I moved in 2016, moved again in 2017. Thought I had brought all of my debts with me but I guess I didn't. This will have been from a long time ago, Wageday advance payday loan and I must have assumed it was paid off as hadn't heard anything from them in a while I have just had a letter arrive via the postman from Moriarty Law It says; We have been instructed by our above named client to write to you with relation to the Judgement they have obtained against you. (I wasn't aware of this but have checked my credit report and have a CCJ registered against me as of August last year) The letter talks about getting a Warrant of control without further reference to myself unless I make an initial payment and an acceptable offer Should I upload the letter? I will pay it I just cannot afford it all in one go and I'm worried they will go ahead with the Warrant of Control I have severe anxiety and I'm not good on the phone I go to pieces so I really really do not want to ring them, sorry for sounding so pathetic, I have just had some terrible experiences on the phone to DCA's
  2. hi all, I have a ccj with Cabot for over £7000 which I have been paying regularly for atleast the past 10yrs. i have started receiving letters from them stating:- "We need your attention - potential legal action", "your credit file indicates that your situation may have changed", The ccj relates to a loan from Bank of Scotland, my situation has not changed, my only income is carers allowance (all other benefits go direct to disabled wife). i do have other debts and pay them off at the same rates per month £5 each, at least one of these debts is held by cabot. at the bottom of the letter there is a brief explanation of what legal action could mean but that refers to a ccj. any thoughts on this would be gratefully recieved sorry if this post is a bit rambling volac123
  3. I am receiving letters and phonecalls from a debt collection relating to an old debt from ROI. I left the country some years ago, and no judgment was obtained in the Irish Courts. Can they now enforce it over here without a judgment? I am due to go on Maternity (statutory) so I definitely cannot afford to pay anything, even though I don't recognise the full value of the debt now being claimed. What do you advise?
  4. Evening Folks, Apologies if this is in the wrong section, if it is could the mods kindly move it. I have arrived home today with my wife to find that my wife has kindly received in the post a CCJ obtained by Lowell(Claimant)/Bryan Carter Solicitors on 16/09/2015. Now this has come as a bit of a shock as we have received no prior correspondence from them regarding this debt or anything to state there would be any date to appear in court to deal with this. The judgment has also been obtained in my wife's maiden name, despite us being married for 3 years. I would greatly appreciate any help to urgently deal with this. Many Thanks G__M
  5. In November 2014, I had a CCJ issued against me, pursued by Mortimer Clarke Solicitors on behalf of Cabot Financial, and citing an original debt to Equidebt. I had confirmed the debt when the papers were issued and made a repayment offer. In May, I got a letter from Mortimer Clarke saying that they had now been sold the original debt didn't relate to Equidebt at all, but to MBNA. I wrote to them asking them to get the CCJ set aside on the grounds that it was obtained with incorrect information. I also issued a CCA request at the same time. They have failed so far to provide the information and have told me that they will take no further action for the time being. However the CCJ is obviously still going to be on my file. Does anyone think I have a good case for having the CCJ set aside? Or am I just going to have to live with it? If they are unable to enforce the debt on the grounds of the CCA request, can I reasonably stop paying it, or will I then be in breach of the CCJ regardless? Any thoughts?
  6. Hi there, In 2007 I was the victim (like many others) of the aggressive tactics of Turnbull Rutherford Solicitors in conjunction with HFO Services (they are actually the same people, or were then - HFO bought unsecured debts and Turnbull converted them to secured debts by a court order, on an industrial scale). At the time in 2007, I was ignorant of what I should have done, which was to question the validity of the contract by making a Subject Access Request. But as I didn't know about this I had no option but to complete the N9A and offer to pay by instalments. Turnbull/HFO wanted all the money and it was in their interest not to accept instalments, therefore they pretended they had not received the N9A, thus making it look as if I had not responded. The court then naturally found against me by default. Turnbull/HFO further muddied the waters by making up another bogus case which was subsequently struck out by the judge when it was discovered that the case did not actually exist. My first attempt to set aside this CO was unsuccessful because the district judge seemed to be beguiled by the paralegal who showed up to defend Turnbull/HFO. Also, by what the judge seemed to be saying, he had not actually read my witness statement. The judge dismissed my claim. I have full documentation covering this case, including all court papers and over 20 exhibits. Since this fiasco the FCA have asked to see this documentation and I have supplied them with copies of everything. As the account is in dispute I have stopped paying the £55 a month I was paying to Turnbull/HFO by standing order towards this fraudulent account. Last week I received a letter from HFO Capital (HFO Services had passed the account to their alter-ego HFO Capital) demanding the restitution of my standing order. I phoned HFO about this. I told the person I was speaking to at the start of the conversation that I was recording the dialogue. I then told him about the letter and reminded him that it was a criminal offence to demand money while an account was in dispute. At this there was a complete change of attitude! He told me that it was a terrible mistake and to "just ignore the letter". I have paid Turnbull/HFO nearly £2,000 for this fraudulent account and I seek to set aside this court order, recover my money, including all prior legal costs to date and clear my credit profile of this unjust item. I also seek compensation for the time I have been obliged to spend trying to clear up this appalling mess (by my reckoning about 80 hours and the distress caused. HFO Services and their associates HFO Capital and Roxburgh UK, all debt purchasing companies, have been barred from holding a consumer credit licence by the old OFT. Additionally, Alastair Turnbull has been barred from the group consumer credit licence of the Law Society (a hitherto unprecedented decision by the OFT) as a result of his illegal activities and has clearly brought the reputation of the law into disrepute. At this stage I would welcome the help of a solicitor to set aside this court order and to restore some justice in this matter. I would welcome any suggestions on this forum. Thanks.
  7. So i brought a car from a guy who told me he was a trader/dealer. Car was described as having no mechanical or electrical faults 2 days later car stopped dead wouldn't move. EGR valve had gone and also traction control system had faults logged in the ECU... Took it along to seat got a bill for £2000 (cutting a long story short here) Went back to the dealer/trader told me he wasn't a car trader and offered me £101 as compensation and told me nothing else i can do and he will not take the car back. After issuing claim form he made an offer of full refund including costs which i accepted... he never turned up... he didn't reply to the directions questionnaire and was given a further 2 weeks... he still didn't respond. today i got the judgement which orders him to pay £1963 and wrote to him requesting payment.. he NOW says after he got a copy of the judgement that he has written to the court requesting his defence be reinstated as it was struck out and the further trial directions to be issued. I have transferred the case for high court enforcement and i have also applied to the courts for a charging order as he owns his property... Me personally would find it highly unlikely that he would get his defence reinstated as he was given ample time and only when getting a letter from the court telling him he owes 2 grand does he then get his arse into gear... realistically what is going to happen now? #Edit Further to the above, i have evidence of everything stated by the defendant with regard to his title as car dealer and also the fact he described the car as being mechanically and electrically faultless. Forgot to mention! Oh and he has an appointed solicitor... His dad... lol he is a freelance solicitor for his dads firm... can't be very good he was convicted of perjury in 2012 whilst working at the same firm he's at now he lied to police and courts about serving documents in person to an individual. http://www.peterboroughtoday.co.uk/news/latest-news/law-worker-who-misled-court-jailed-for-a-year-1-4544217
  8. Looking for a bit of advice as I currently can't afford to employ a solicitor. Will keep this as bried as possible; I work for a limited company in Scotland, quite often from home, and recently there was a dispute over delivery of an order. I was one of the representatives that dealt with the matter which wasn't resolved, customer was very unhappy. Some months later I receive an envelope containing court documents from my manager; it seems the customer is holding me personally responsible and claiming the £180 through the small claims procedure at a Scottish Sheriff Court. However he sent to the documents to the wrong address, they were sent to an old company address. When I received the documents the court date had already passed and a decree had been issued against me. First one of the directors of company contacted the court and explained the situation, without success and I have now made a formal complaint to the court. I had a free meeting with a solicitor who stated that it was a "abuse of process". Firstly the claimant should have raised an action against the limited company, not me personally and secondly of course he should have sent the documents to the correct address. Here is the response from the Sheriff Clerk: In relation to small claims procedure - when a party raises a claim against an individual or a company they are required to provide the information as set out in FORM 1. When a claim is lodged, court staff check over the claim to make sure it is presented in terms of the rules (ie: parties are suitably identified and designed/ that a claim gives sufficient notice to the defender and that if it is for a supply of goods and services a brief description of what was supplied etc). In addition the value of the claim is checked to make sure it is raised within the limits for these types of actions. I am not aware of any requirement upon court staff to check addresses prior to service of a summons. These details are a matter for the person raising the claim. The validity of a claim is a matter for the Sheriff if the claim is disputed by the defender, by returning the formal response by the return date specified in the service copy summons. In this case, according to our records no such formal response had been received and the pursuer applied for decree in absence, which was granted in terms of the rules. As the case has been extracted any appeal would, in terms of the rules, be out of time. It is for the appropriate party seeking to have a decision by the court reviewed, to lodge the appropriate application, with the appropriate court and within the appropriate timescales as provided by the rules. If you are unsatisfied with the outcome of my response to your complaint you should write to Mr D Shand, Sheriffdom Business Manager, Edinburgh Sheriff Court and Justice of the Peace Court, 27 Chambers Street, Edinburgh, EH1 1LB to ask for your complaint to be reviewed. I'm astounded that someone could raise an action against me at a different address for something that is not my responsibility. The claimant I have discovered knowingly put the old address knowing that the papers would not get passed onto the company for at least several weeks thus getting a successful claim at court, he didn't even need to attend, since the papers were not returned by the cut off date, he won by default. Any thoughts? My own thought is to take the Sheriff Clerk to court for the sum of £100 and have the papers sent to a completely unrelated address; therefore he won't get the papers and I will win the case by default; then see how he feels about it. I've made my formal complaint to Edinburgh but the only response is that a decision can take up to 90 days. I could go to a solicitor but it's going to cost me around £500 to have the matter dealt with. Any advice gratefully accepted, thank you.
  9. appologise if i have placed this in the wrong part but i can't seem to navigate round this web site to find car dealers section, if poss can you move it to right section please. Here goes 7 months ago we part exchanged a car which they gave us 2100.00 . we had purchased the car 9 days earlier and hated it. they never asked to look at the pat ex and simply they ticked the checklist to say they were happy with it and we did the deal,they asked us the history and milage and we told them exactly what was on the documents, after a few hours of taking delivery they found a problem with the mot which they said had been messed with, not know to us and the car had actually done 230000 miles and not the 89000 which was on our mot.they asked us to pay extra 900 and at the time because the finnace was inplace and we had took delivery of the new car i simply paid and asked them if it was worth reporting to police they refused and said they would simply retest it and resell it out cheaper.now 7 months as passed and after a recent conversation i was lead to beleive i did nothing wrong and they admited on paper work ticking all the check list and even ticking the box that says part ex driven and milage checked, so is it possible to request my 900 extra payment ? after all they failed to do there job right or should i simply put it down to experiance. thank you
  10. Hi all, Hoping somebody can help, I'm posting this on behalf of my girlfriend. Sometime last year, an ex she was seeing opened a joint account at Santander in his & her names, at her address which she only found out about recently when a cheque book, debit card (she has never used these and tore them up immediately) and paper statements started to arrive at her address. She opened the statements and discovered the account is very very badly managed, into an overdraft with charges being levied on the account regularly, she is now worried that if this guy decides to stop having his wages paid in she is going to be liable for the debt due to it being registered at her address. A while after they split, she completed a form to have her name taken off the account which this guy was meant to have handed in but clearly hasn't, and no amount of phone calls to Santander has helped, culminating today in them telling her that they cannot take her name off the account without his say so, however he no longer speaks to her and wont return any calls or messages on the issue. Can anybody advise what options she has?
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