Jump to content

Showing results for tags 'statutory'.

  • 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
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • 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
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums


  • News from the National Consumer Service
  • News from the Web


  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...

Date Created

  • Start


Last Updated

  • Start


Filter by number of...


  • Start




  1. A family member has been sent a letter from Intrum threatening that they will consider issuing a Statutory Demand for Bankruptcy proceedings. The alleged debt is one Intrum bought which is for over £10,000 and is about 10 years old.I also know the debt isn't statutory barred in the near future. A previous DCA was sent a CCA request about 6 months ago, this was not adhered to and they said they were looking into it. Do we now send a CCA request to Intrum and a SAR to the original debitor in readiness for any proceedings? many thanks in advance for any advice
  2. Hi there, I'm new to this forum looking for any kind of advice. Important info - I passed my test on 17th March 2016 and received my license on 31st March 2016. I was sent a letter in the post on 21st March 2018 with a speeding offence (46 on 40) letter to provide driver details. I sent this back on the 23rd March with the form filled (i took a picture of this) along with a letter explaining how terribly sorry I was. Cringe, I know. I moved house on the 4th April 2018, and with not receiving anything more I thought nothing of it. (I had changed my Tax and Insurance, but not my V5 or License.) I checked my license for loan car and it said I had 6 points, a £660 fine and license was revoked. I immediately called the magistrates (after being on the phone with the DVLA for over a half hour) to ask what I could do, to which they responded a SD and booked the 7th November. Tomorrow is the 7th November. Your appropriate threads have been helpful, but I am curious what the most likely case outcome will be based on my current situation. Very Nervous! Please any advice would be helpful!
  3. Am going bonkers? Do I need a new Solicitor for legal advice? Our Neighbour has got a Court Order to reroute the easement. Fine it needed to be done to sell the property that is not the problem. The Order will help sale as it clarifies the issue. He is saying Planning is not needed to remove our Summer House or cut back trees. Our advice is Planning is needed we are in a Conservation Area or we face criminal offences so we need planning permission to cut back trees and the Summer House has Planning Permission and it needs Planning Consents for removal as it over 115 cubic meters. If we fail to apply for Planning Permission for the trees we face £20,000 fine and a criminal record. Demolition of the Summer House without Permission is up to 2 years in prison and an unlimited fine. Am I losing the plot do I need new advice? Is there anyway a District Judge Decision in a County Court could get around Statutory requirements of Planning Permissions and remove the possibility of criminal offences. Okay Planning may well be a tick box but it is not the point really especially as we selling the cottage and to protect ourselves. There is no mention of Planning Permission in The Order the Judge completely failed to take into Planning Law which is staggering in competent.
  4. Hello newbie here, My Husband & I have been dealing with a Debt Collection Agency SMD Credit Solutions Ltd since April to collect a Debt owed to our Company since November last year. A little background: We were owed £38k and the debt was in dispute by the company who owed us. This was construction industry dispute where we worked for contractor (2) who was working for main contractor (1). Main Contractor (1) refused to pay contractor (2) citing poor workmanship therefore contractor refused to pay us. So it was quite in depth but it was being dragged out and being a small company we needed to get a resolution. SMD cold called us but it just so happened we were in the process of looking for an agency after them phoning us everyday for weeks trying to persuade us to agree for them to take the debt on we agreed. We had lengthy discussions about the whole case and we were upfront about everything before we even agreed for them to take on the debt. We knew it wouldn't be straight forward so wanted someone who knew what they were doing. They wanted to charge £2000 + VAT for a reg fee but we simply couldn't afford that so they dropped it to £1000 + VAT payable in 2 instalments. After we agreed we sent them all documentation regarding the debt including invoices owed, purchase orders we received, emails and a report from the main contractor (1). Needless to say SMD were useless, they never answered or return our phone calls, they never returned or answered my emails. In their initial 'guarantee email' they claimed to keep you updated every step of the way and give you a full refund of the reg fee if they don't at least recover the cost of the reg fee. Eventually after quite a few weeks I was emailed and told that SMD had had to obtain legal advice on our behalf and had to pay out in excess of £3000 in order to do so. After weeks of getting nowhere and no answers SMD finally advised us in mid June to set up a meeting with Contractor 2 and main contractor 1 and thrash out what we could get paid. We advised them that we would look for an alternative agency who was specialised in Construction industry disputes and we would like our reg fee returned to which we received no reply and no refund. We then received the official In Administration letter from contractor (2), and I left a negative review on SMD company facebook page. Nothing defamatory or untrue just stating our disappointing experience and that I would not recommend them. Oh and I hope they don't keep telling people about their 100% success rate which is what they said to us. Today I get an email from them saying that unless I remove the comment they will charge us £10,000 (10 x the reg fee) plus the £4000 costs as per their T&C's. They claim we mispresented the debt by not telling about the report Can they do that? Sorry for the long post
  5. Hi This is my first post as I am really at a loss. In February my boyfriend got caught twice within 2 weeks speeding, once 36 in a 30 and then 42 in a 30. He had recently started a new job on the other side of the city so wasn’t great with timings, not an excuse but still. The owner of his car (his mum) received the letters regarding naming the driver which my boyfriend filled in and sent back. This was in March. Then in mid-July he received a letter from the magistrates court saying he had an £846 fine and 6 points (!!!) but he didn’t read the letter correctly and assumed for some reason this was his speeding fine. He organised to pay it with a payment plan but didn’t actually make the first payment as in the mean time I saw the letter and realised it was actually a fine for not providing his information. So I rang the council and after getting passed from pillar to post (3 magistrates court and the police) they finally revealed that the case had been tried in his absence because he’d never replied to a letter sent to him in the mean time. He never received any letter apart from the initial letter where he was named as the driver. I organised for him to do a statutory declaration in the magistrates court so the case and the fine has been put on hold until then however what is the likelihood of this being successful? He has no other points on his licence in case you were wondering. Thanks for any help you can offer.
  6. I have only just discovered this site since having 8 properties taken over by LPA Receivers. I am desparately trying to find out what to do next. I read that I can make an Application to Court to get control of sales. Please is there an expert who can tell me how to word tha application? I am scared of making an awful situation even worse if that is possible!!!
  7. Statutory redundancy payments increase READ MORE HERE: https://www.gov.uk/government/news/statutory-redundancy-payments-increase
  8. In September 2016, the government set up the HMCTS Historic Debt Team as a pilot scheme to recover outstanding court fines that had remained unpaid for a period of up to 10 years. In many cases, the reason for the fines not being recovered had been due to individuals moving address etc. In March 2017, the government announced that since its launch, the HMCTS National Compliance and Enforcement Service had recovered ‘significant sums’ and as a consequence; the Historic Debt Team expanded their tracing activities to recover outstanding court fines over 10 years old. Every day I receive at least half a dozen enquiries about an 'historic' fine and with far better computer technology at the courts, it is actually very easy to make enquiries about the fine etc and in many cases, an application can be made to the court for a Section 14 Statutory Declaration. Should I pay or make a Section 14 Statutory Declaration? Given that the majority of court fines from the HMCTS Historic Debt Team may go back many years, many people have little or no supporting documentation available and are naturally worried about the prospect of applying for a Section 14 Statutory Declaration and instead, decide to pay the amount requested in order to conclude the matter. This is perfectly understandable. Is there a time limit for making a Section 14 Statutory Declaration: An application for a Section 14 Statutory Declaration must be made within 21 days of you becoming aware of the court fine. PS: And despite inaccurate internet advice, it is not 21 days from becoming aware that a Statutory Declaration is on option !! Can I send a sworn Section 14 Statutory Declaration to the court (or the Historic Debt Team) by recorded delivery? No you cannot...most Magistrates court will reject your application and advise you that you must make an appointment and attend court in person ......(continued on the following post).
  9. I signed a franchise aggreement (unfortunately) and I would like to know if the : personal guarantee`s that was included is legal, if it was not witnessed, at the time of signing, and their is no provision for a witnesses signature, is there a set format for this, and could it be deemed invalid and/or, not binding? when is a deed not a deed? Your advice would be welcome. Thanks!
  10. This post is long over due I need some help and advise as I just don't know if I can take this stress on my shoulders any more despite having a loving caring family and the shame that this will bring on our family. April last year I received a letter from HMRC compliance asking me to contact them re Self assessment return for 14-15 as they wanted confirmation expenses claimed, at the time I had been employed as a sales manager and had to take clients out a lot and they often refused to sign off expenses so I just put them through on my tax return as I thought that I could do this and had been doing it for a number of years including road mileage etc. Around the same time I had just been made redundant but managed to get a job for an oversees company but could only pay me as a contractor as no accounts in the UK, this was always going to be a temporary arrangement or so I thought. Meanwhile I had been in contact with my compliance officer at HMRC and sent him everything that he had asked for and he was a actually a really nice man and reassured me that this wasn't a criminal investigation merely putting all the facts together. A while passed and whilst occasionally in communication he asked me to meet him at the HMRC office in London this was now October so I did and I was taken to a room where him and a colleague who was there to make notes greeted me. He told me that I shouldn't of been claiming expenses on HMRC as the company that I had worked for had an agreement with HMRC for employees claiming expenses (there is a word for this but I cant remember) which is fine but they clearly understand the characters that I had worked for and the problems we had getting these signed off. the compliance officer at the end dropped the bombshell that I owed 70k as they had gone back 10 years and they where going to add penalty charges and interest but they wouldn't know what that was yet, I was obviously gob smacked and I said that I didn't want to go bankrupt as this would effect my job and any future job prospects because of the nature of my sales role. They both categorically told me that I wouldn't be made bankrupt and I would be able to pay them off as long as it took and I would still be able to have nice holidays and they even said they couldn't get blood out of a stone. So whilst I came away from the meeting very anxious it was reassuring to think that I could pay this off maybe over 10 years or so. I soon got confirmation that in total with everything added I owed around 120k which is unbelievable considering the debt was 70k and during these years I had been paying a lot of tax and (I have never not paid tax since I was 16). I soon got letters from the HMRC debt management and was asked to contact them which I did and I was immediately taken back as to how aggressive they where and when I explained my conversations with my compliance officer they just laughed and said that they have got no authority to be giving me information like that and It is completely wrong and they said that ultimately If I couldn't pay I would be made bankrupt. I immediately contacted my officer and I have this on email and told him what had happened and he came back on email and said that he would contact them which he did and came back and said that he had spoken to them and it should be fine now. I contacted them again and they told me exactly the same thing that he shouldn't be getting involved we are the debt management team and that was that. Shortly after I had a visit from a field office and had the same conversations and she said the same things like we are not a bank and why should we let you pay over a period of years we want our money now. eventually I got a letter from the Debt final resolution team and whilst the lady has been very nice she gave me until the end of next year to pay the debt which means me finding 4k a month and a lump sum of 70k and whilst I have been trying to find someone to lend me the money its just not going to happened and I have paid the 4k for 2 months and its just left me and my family not paying for other debts and we have got behind with everything like car payments, Loans etc and I am not at my wits end as there is no light at the end of the tunnel I cant even afford to buy my boys school clothes to go back to school. The thing is I have never disputed the money I owe them I would honestly pay back every penny the thought of going bankrupt fills me with dread and how this would effect our family and stigma attached to it and will it be in papers who will find out I just have no where to turn and my employer will probably sack me once I tell them its just a really awful situation and I need help.
  11. I have received response from Capital One upholding a PPI complaint. However, although the figures are fairly small (they suggest PPI Premiums paid were £157), the amount of compensation offered does not (in my opinion) take into account the age of the 'issue' (account closed 18 years ago!). Am I correct in suggesting that statutory interest compensation should be applied at a rate of 8% per annum (simple - not compound)? Tried the calculators in CAG library but links don't seem to work! Had similar concern with a couple of Barclaycard complaints - upheld and compensation offered but with paltry interest calculations. Did complain to BC but they stated that was their standard approach - and tough! Does anyone have any knowledge as to what final settlement figures should be based upon? Any help much appreciated! Apologies - this posted in wrong Forum by mistake (should have been PPI) but cant move?
  12. Statutory intervention in Wellhouse Housing Association - June 2017 Can be downloaded here: https://www.scottishhousingregulator.gov.uk/publications/statutory-intervention-wellhouse-housing-association-june-2017
  13. Greetings. Making a PPI claim on an old loan that was repaid in full. Wondering if I succeed, will the original creditor be allowed to use this to offset an outstanding (statute bared) debt (overdrawn current a/c and assume the original creditor still owns the debt). I noticed post #4 by dx100uk and specifically in bold: "if the original creditor still owns the debt then they can offset but not the 8% stat int part of any refund." in this thread: http://www.consumeractiongroup.co.uk...BC-credit-card I've seen on the FOS website: compensation for being deprived income etc.. http://www.financial-ombudsman.org.u...tment-loss.htm and various scenarios on PPI redress: http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/redress.html#_Where_the_consumer Does anyone have any further info or legal precedent about the 8% SI part of a PPI claim not being allowed to be used by a creditor to offset an existing debt and as such should go to the claimant ? Many thx
  14. Hi All I am looking for some independent advice, before we get too involved with solicitors. A distant family member has died intestate age 30. He was living with his unmarried partner and mother of his 6 month old child. The only asset is a house valued at c £120k. It is my understanding that this will follow the intestacy rules, with the house ending up in this statutory trust until the child is 18. Who appoints trustees? What happens next. The mother now will be on benefits. Does the trust charge the mother rent, or should she live rent free whilst looking after the child. How would this effect housing benefit? Would it even be due. Any advice welcomed thanks
  15. I just got a letter from Metropolitan Collection Services of Coventry. They're pursuing an overdraft I had with HSBC. Last activity on the account was I think December 2010. Shortly after they withdrew the overdraft cos I wasn't paying into the account regularly. The debt is now in the region of £1250. I'm on benefits here and I can't afford to pay this of in a way they'd find satisfying. They have also floated the possibility of taking me to court in 'the country where you live.' Anyone got any advice on how I might call off the dogs?
  16. Early last year my husband received a county court summons for £11,500 for a credit card debt sold on to a DCA. He replied and defended the action on the basis of the limited information on the summons and that he was awaiting a reply to the CCA letter sent to them on the day the summons was received. He never received a copy of the CCA, just a letter from them saying the debt was no longer enforceable and they could not proceed any further through the courts, but would he please call them to discuss a repayment plan. They also promised to forward the copy of the CCA. That was over a year ago and we are still haven’t received the CCA, but what he did not advise them was the debt would not really be statute barred until last October , three months after their letter. Move forward to now, and I have received a letter from the same DCA and they are chasing a debt for £8.250 for a card of mine. This will become statute barred in the middle of August when it will be 6 years since the last payment. I received a letter from them dated 6 April but not received until 12 April, saying if I did not contact them within 14 days they would commence legal action. My understanding of statute barred debts is they expire six years after the last payment or admission of the debt and the creditor has until this time to obtain judgement. Is this correct and can the DCA request to the courts an extension this period for the time it takes to transfer to a local court and to a hearing? The default for this will expire soon and I am l keen to keep as clean a record as possible after eight years of financial misery. I appreciate I am morally wrong but this DCA will have purchased the debt for peanuts,
  17. I was served a statuory demand by BWlegal/Lowell on behalf of Barclaycard on 10 December 2012. The debt is disputed about the CCA - which I have copies of the dispute. I have a letter from BC acknowledging my dispute and they sent me a photocopy of their T&C but no agreement, nothing with my signature etc, so i disputed the debt again. They sent it onto Cavells and they tried pushing for payment and I sent them a "in dispute so send back to BC letter" which they did and nothing further was heard from them until the stat demand came. The stat demand put my local court as the court who is dealing with the stat demand. I rang the local court and they have no knowledge of this, but they did inform me that they are not the court in my area that deal with bankruptcy, so the wrong info was entered on the stat demand by BWlegal I contacted BW and informed them of the dispute and immediately emailed copies of all requests to BC re CCA, their response - pages of T&C's but no agreement, not even a blank one and certainly nothing with my signature or account number on. They responded with a letter stating they were asking Lowell for the CCA info to be sent to me and if Lowells didn't have it then they would contact the originial creditor so may take longer than the CCA time frame. Verbally they agreed to cease all action until the dispute was resolved, but they didn't confirm this part in writing (what a shocker!!) They told me all actiion would cease and i didn't need to do anything. Needless to say i totally ignored their advice and phone my local bankrupcy court (which isn't that locall!!) to ask what i should do. The court they told me i had to fill in a couple forms with any evidence that the account was in dispute and send it back to them within 18 days of it being served I completed the forms, included all the letters I have and signed the forms at home and posted it via special delivery. owever after speaking to somebody they told me that it won't count because i didn't take it to the court and sign it in front of them, so Bwlegal can make me bankrupt because i have failed to follow prcedure - is this true? Here are the all the documents involved - as you can see from the court letter it says nothing about needing to be signed infront of the court staff. I can't get to the bankrupcy court before the 18 days are up, so if the above is true about it having to be signed infront of court staff what can i do? Can anybody advise me on what to do next and what is likely to happen? Is non compliance of CCA a good enough reason to stop this stat demand?
  18. I have involved my local environmental health and the housing ombudsman regarding an issue I have with a neighbour from hell who is severely mentally ill and lives directly above me in a flat. I am in a flat below him. The problem is that he lives in squalor etc and has also broken a few windows in his flat that are very dangerous .Also there is serious asb issues . Anyway to cut a long story short , both the ombudsman and the environmental health have written to my landlord telling them to repair these windows, but for 8 months now the landlord is still saying they cant gain access to repair these windows. By the way , I also am covered by the equalities act as I have been diagnosed with O.C.D.. and also physically disabled as well ,and these windows are causing me distress because of my O.C.D. disability. The environmental heath say as I live in a housing association property I have to make my own application for statutory nuisance under section 82 of the environmental heath act, regarding these windows that the association are not repairing ( or being unreasonably slow in doing so ) What I would like to know is , if I make my own application to the court giving the court the works order from the environmental heath and the recommendations from the housing ombudsman that both say the association should repair these windows, would that get the job done ? The tenant as I say has severe mental heath issues and refuses to allow anyone in his property, which is why the association have been refusing to deal with this in the first place. I intend to make the section 82 application against the association . Thanks for looking and any advice would be greatly received. David
  19. The following story has been heavily reported in the media this week: A 20-year-old student has been fined a staggering £562 for a £2.20 journey after she was caught with the wrong ticket. Parys Lanlehin was caught using a return train ticket on the wrong day - and going in the wrong direction - on June 4, 2014. The University of Nottingham student was issued with a £20 penalty ticket on the Nottingham to Beeston train, but the court heard it was never paid. Lanlehin, of Walthamstow, London, then signed a declaration stating she was unaware of legal proceedings taking place in Nottingham at Stratford Magistrates Court. On Wednesday, the student was found guilty of boarding a train without a valid ticket after she failed to attend the case at Nottingham Magistrates Court. She was fined £220 with £300 prosecution costs and a £22 government surcharge. She was also ordered to pay the £20 penalty, which had been imposed when she was caught on the train. Magistrates gave Lanlehin two weeks to pay and issued a collection order, which could lead to bailiffs removing items from her home to cover the payment. http://www.telegraph.co.uk/news/2016/05/29/university-student-forced-to-pay-562-for-220-train-journey-after/
  20. Story so far: Three days ago I received a Further steps notice from Thames Valley Magistrates saying I owed £922.50. I had no idea what this was about, but discovered (on ringing them) it was for non-payment of car tax (or driving an untaxed vehicle, it's not clear precisely). This was a total surprise as I thought I was taxed and up to date. However, it turned out I had indeed forgotten to pay (18 months ago!), and what compounded it was that I moved house (Dec 2014) and didn't update my log book. (I did update the address on my driving licence, and didn't think I needed to do anything else.) So all communications - prior to this last notice - must have been sent to my previous address. Obviously I'm guilty as charged, but equally obviously it's unfair that I had no chance to put this right earlier and pay a smaller fine. I was told I could make a Statutory Declaration, which - after advice from my CAB on wording - I have done, and have had it signed by a solicitor. So far so good. I have also sent a letter to the Thames Valley address explaining the circumstances, and been given a "grant of time to pay" to 19 May. My problem now is what to do about getting the Statutory Declaration to a magistrates court. I've been told I can present it at my "local" magistrates court (rather than Thames Valley magistrates), but I've had serious trouble (a) finding our which one that is, and (b) actually managing to talk to anyone. I live in Twickenham, and (after various levels of recorded messages) have been put through to either Brent or Lavender Hill. The phone rings for minutes on end, and when (if) someone actually answers they tell me what I already know, or something different, or they try to put me through to someone else and I'm cut off. The most recent conversation I had promised to pass my details to someone else who will call me back. Obviously I'm not expecting that to happen (and cannot stay in all day anyway - it's a landline, my mobile is unreliable). I haven't been able to find out if I need to make an appointment (and if so where and how), or whether I can just turn up. Should I turn up anyway and make an appointment there? And at which one? (Feltham is actually my closest court, but the recorded message there took me to Brent. The "court counter", if that's relevant, closed in February.) I've also seen advice online which suggests I can simply fax my declaration in - but perhaps that only applies for the original issuing court? Sorry for the long post, and I hope someone can give me some clear advice. Naturally this is relatively urgent.
  21. Hi All, new here but been a reader for years. This is complicated and im out of my depth. A couple of years ago my long time friend had problems with business and life, (approx 4 to 6 years ago.) His business went into liquidation and his marriage broke up all at the same time. He came to stay at my home for about 8 months while he sorted himself out emotionally having no where to go. When his business failed he had a personal guarantee for the overdraft on his business. ( this was a gray area for him because at the time he stated he wasnt sure if he did or not) more one this on request. The over draft was £25.000 He had a personal account with the same bank, and this is when it became clear he had personally guaranteed the overdraft. About 6 months after his company went into liquidation he went to the cash machine one day to retrieve his benefits payment and it had been frozen. He rang the bank and was told, they had closed his account due to the debt owed to them by his ltd company and they no longer wanted to do business with him, He was told all he could do now was to wait, and they would be in touch. For the remainder of the time he lived here, he heard nothing from anyone. He also had another debt of a credit card (an old goldfish card which he defaulted on when his bank account was closed). This is where I come in, He moved on and ive only seen him a couple of times since, due to my failing health, and not at all for the last 2 years. About a year and a half ago, letters started arriving for him i put them all to one side for a while. Then the debt collects stated to knock on my door. Im bed bound and I have carer's, im paralyzed and having a big health problem currently. I have to communicate with these people through my door entry system, or allow them to come to my bedroom and all that entails.. I have had constant harrassment, Every time I explain my situation. Tell them he isnt here. They have contacted my neighbors, a couple of months ago, the local drug dealer knocked at my door, at 11pm at night, to tell me he had a call from a man regarding my house and who lived here, and was given a phone number for me to contact him on. This has in this situation left me very vulnerable. ive had calls from 'parcel force'' tried to deliver a parcel for this man, does he live here?? Each time there was a letter, ive contacted the senders, a door knock, ive explained the situation. Asked them time and time again to stop. one of the companies chasing him told my carer and me, as long as he owes us money, we will carry on coming here. Ive been told he owes money, I was told they spoke to his son.. (didnt even know he had one). They also said he had taken credit out at this address within the last 3 months.. (which is a big concern to me) I cant seem to make it stop. The last contact i had was by phone direct to the company sending out these collectors, I explained everything above and was told no one else from there company would come. Yesterday a hand delivered letter came through my door, addressed to 'friend' I opened it concerned about all the above, and its a statutory demand. I assume from the same company that has done all the above. It states he has 18 days to respond. I have contacted everyone i know who might know his present where abouts but as yet havent had any contact from him. But im trying here to get the ball rolling, because if he doesnt sort this out in the time scale, i dont know what the consequence will be for him, or me! Any advice? I know a lot about the problems he faced, and the 2 debts he has, because i helped him through the breakdown he had when all the above occurred. Back when these accounts closed, he got nothing, from the bank, or the credit card.. no defaults, no notice they would close his personal account. oh, and one last thing.. when they shut his personal account down, the lumped the personal overdraft debt, to the business debt, and it seems they are claiming for both together. Many thanks, i know its long winded, but been going on for years.
  22. Hi This is my first post so thank you in advance for any advice Briefly, last week I received a Statuary Demand from BWlegal and I have a genuine dispute with the creditor (errors on the credit agreement) and I also believe the debt is now stature barred. The loan was taken out in 2006 and the dispute I had with the creditor was upheld by the Financial Ombudsman. I want to apply for set aside and understand I have to fill in forms 6.4 and 6.5 but I have no legal knowledge and cannot afford a solicitor, could anyone help me with the wording for the Witness Statement? The demand was handed to me on Thursday 11th June. Thank you in advance for any help!
  23. Hiya all, Found out yesterday my brother has had a statutory demand for a debt he has totaling £12,250 He is unable to pay it in full and has no assets- he rents and has no car etc and has no savings - highest value item is his TV at £150 value so nothing of value to wipe the debt off He has done a SOA and that shows he can afford to pay £300 per month which would clear the debt in 40 months I am going to help him write a letter tomorrow proposing this as a repayment plan with a SOA to see if they agree to a plan instead- is it worth me copying his rental agreement/ bank statements etc which show he does not have savings/ own house etc Is there a template letter for making this type of proposal? Many thanks
  24. hi everyone just when i thought i had dealt with the last stat demand and their subsequent failed court action i have just had a 'appointment letter for statutory demand' posted through the letter box. they say they will return and serve it. there are no details of the debt or creditor on the letter at all. i therefore will have to wait and see what it is for???
  25. Hi, My 75 year old Mam bought a laptop from Argos on 9/2/2015 via their own Store Card, she only used the laptop twice and due to family reasons has been away from her home for a few month. This week when she tried to use the laptop again it will not boot up at all, either the laptop shows the message "Toshiba diagnosing problem" and the screen hangs and the cycle starts again or it requests a HDD password. I along with my Mam took the laptop complete with original packaging and the receipt to the store where it was purchased and that's when the fun began. The 3 staff who eventually dealt with us opened up the laptop messed about with it,kept repeating that it was out of the 30 day period when it wasn't under it in the first place, lied about info on the receipt and disagreed with me about the contract i.e. between my mam and argos and not Toshiba, at first said they would send it for repair then together decided that as printed on the receipt we should contact Toshiba to sort it and Toshiba will give us a ref number, what the heck?? Basically before I lose the will to live what are my Mam's Stat Rights concerning all this please? Any advice to the legal side would be greatly appreciated. I think that it should be Argos that deal with the contacting of manufacturers etc ultimately I want a replacement for this laptop which is defective and not numerous repairs and telephone calls. Will be contacting the customer helpline and would much appreciated the ammo to help me out with it all. Cheers
  • Create New...