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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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apologies for hijacking this thread but I have a burning question! Is there anything that can be done re: a loan with various arrangement fees/disbursal fees etc added to it, that has been PAID UP? I settled with Welcome Finance a couple of years ago and paid through the nose just to be rid of them. Is it too late to do anything now (apart from the mis-sold PPI but that's a different ball game!) sorry again to jump in. I just read your thread and wished I'd been a bit more clued up a couple of years ago...

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onevodka. i too am in the same position(1 loan paid off,and another in default).

i am going for (on both) ppi,charges etc

on the paid one, there was no early payment rebate,paid the whole lot at the amount stated on the agreement. if all else fails, they will get nothing for the default one as it has admin fee added BEFORE working out monthly payments.

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thanks for the interest in my thread

still no contact from welcome, there early agreements ar not worth the paper they are written on. waiting for acknowledgement of claim. then with both barrells ppi. have not provided details of ppi with my sar. i think there may be fraud involved. big commissions they receive. then financial defamation etc. hope they are getting worried as not backing down. with ref to postel strike can they use it as an excuse for not acknowledge claim. they have till the 18/10/07 many thanks

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Any news yet Post?

Would it be possible to post your p.o.c's ...........Im also about to start claiming mis-sold ppi and unenforceable agreements, but have no idea what to use on my court papers.

good luck with your claim, keep posting!

Halifax settled

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Nationwide settled

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Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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wilson case, including acceptance fee/charges before calculating interest

agreement is headed personel loan agreement. should be headed credit agreement regulated by the consumer credit act 1974

total charge for credit not included. no t&c or cancellation rights. agreement not properly executed. and removal of default. after this charges and ppi at 8% apr. they have until friday to acknowledge claim or they default ccj time

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a quick note

at first welcome finance seemed a god send to people in my position. how wrong was i. they are valtures praying on people who dont know what they are getting into. believe me i am using every recoarse avalible to have these people by the throat. any body dealing with welcome claim and keep claiming. £400 a hit from fos then they might start treating there customers with more respect. and i hope there credit licence revoked.

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this stinks. i requested from the court judgement as welcome had not responded to my claim. court have informed me acknowledgement received 22/10/07. they submitted it late. court have told me they have accepted acknowledgement and have 14 days to submit defence. so much for legal time tables. how welcome have treated me this is not on by the courts. any comments and best coarse of action, many thanks

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if anybody can clear this up.

welcome have now acknowledged claim, the court tell me they have until the 2/11/07 to produce defence. i thought they have 28 days to comply after acknowledge of claim not 14.

thanks

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ok people, realy need your help now

just received welcomes defence.

if advised i will post defence.

first i used the wilson case with ref acceptance fees, ppi etc being placed before calculating interest. they say an unenforceble agreement is not void.

they then go on to say i am not entitled to my payments back. thats ok as i never requested them back on my poc.

i also goofed with ref my second agreement. i said ppi was included in it. its not. but surly the extras eg acceptance fee is valid ref wilson case.

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