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    • Back in 2006 I came face to face with a debt problem which was that I could clear my debts or help a family member and I of course chose the latter.   The resultant onslaught of phone calls and letters was at first unsettling but I realised, particularly with the help afforded by this site that in reality there was nothing they could do.  If your friend has no assets then they can't take them,  If he challenges their assertions to the debts then in the main they can't prove them, if he has nothing then they will not make him bankrupt and even if he has something they will not make him bankrupt because they have to pay the fees and then anything your friend has is split up between all the people he owes so no business will go that route.   In short, although they will huff and puff they are pretty much not able to blow his house down even if it is made of straw like mine!   He should adapt to the situation and turn it into a hobby like I did/do.   I actually collect debt collection letters and other things they send out.   When something arrives in the post I am likely to say "Oh I have got one of those" or "Ah something new for my collection".   Thinking like this causes the intimidation to drop away and become ineffective.   Tell him to can his worries and start enjoying life, because I guarantee that the Creditors are not staying awake worrying about him!  He is just a few magnetic dots on their hard drive and is in their threatomatic machine.  Depending upon his reaction he will be moved around the machine and there are parts of the machine which are programmed to deal with debtors who don't respond and that is to park them out of the way and work on other ones.
    • It's up to you. You could spend the weekend reading up and then send the letter of claim on Monday – and then issue the claim shortly before you go. It depends whether you have access to your email et cetera while you are away. I would be amazed if they failed to respond – but if they did, then you would put in for a default judgement immediately and then enforcement. However I would imagine that they would respond with an acknowledgement of service giving them a full 28 days to file a defence. This means that you would receive the defence roughly when you returned. However you would have to be able to keep in contact with the court system by means of email and also with us. Of course if you wanted then you could leave it for the full six weeks and we can start then. You decide
    • Have you contacted Courts to find out if a set aside application has been made ?   Have you checked to see whether the Builder has any other CCJ's ?   Home WWW.TRUSTONLINE.ORG.UK   Perhaps the legal advice relates to the Builder being able to pay ?  i.e. get in quick to enforce the judgement.    Enforcing a CCJ does not cost £4k.  Sounds like your Lawyer is including their own hefty fees in arranging this.   Make a court claim for money: Enforce a judgment - GOV.UK WWW.GOV.UK How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information from...  
    • @BankFodderI'm.due to fly in 3wks for 3wks would it be worth waiting till I get back or to press on? As whilst the police have been investigating I've not received any further letters from aviva 
    • Please will you start off by reading up the steps involved in taking a small claim. It's pretty straightforward but you need to know the steps in order to be confident about what you do. Secondly start reading up about data protection. Don't worry about the Act for the moment. Start reading up on the information Commissioner's site and you are looking particularly for references to the necessity for authority to store and process data. Start understanding the differences between a data holder and a data processor – and what they are allowed to do and what they aren't allowed to do. I think you need to be fairly comfortable with the vocabulary in order to move forward confidently
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Advice needed please


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Hello all

 

I could really do with some advice if any one can help.

 

I had issued proceedings against my bank, and my claim was due to be heard at the beginning of September. I then received a letter from Cobbetts which stated that they were applying to the Court for an order to stay my claim pending the outcome of the OFT enquiry, and subsequently a letter from the Court duly arrived informing me that the claim had been stayed.

 

I noted that in their letter, Cobbetts had pledged “as a general matter, the Bank will ensure that (my) claim would not be adversely affected by any stay of (my) Court proceedings”. Funny that. Perhaps this was some use of the term ‘adversely’ which I had not come across before.

 

I thought that the fact that NatWest were still adding around 50 quid a month in interest and charges to my overdraft (which comprises around half of the total sum I am claiming back) could potentially affect me very adversely, in fact to the tune of about £300-£400 if, when the test case is eventually decided, it goes in their favour.

 

I wrote to the Court and pointed out the unfairness of the fact that the bank were still trying to screw money out of me while my hands were effectively being tied.

 

I then received a letter from the Court informing me that the case would now be heard.

 

The letter also said: QUOTE

 

“Upon the Court’s own motion. The Court has made this order of it’s own initiative without a hearing. If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

1. Both sides must file a skeleton argument and copies of all relevant authorities relied on not later than 7 days before the hearing.

 

2. This application will be heard with a number of other similar applications at a composite hearing.

 

END QUOTE

 

Well I haven’t heard from Cobbetts so they can’t now apply for another stay.

 

I really need to know how to go about this, particularly with reference to the “copies of all relevant authorities relied on” bit.

 

Would the following paragraphs (cut and pasted from this site) constitute a skeleton argument?:

 

The law of penalty charges permits the recovery only of losses caused by a contractual breach.

 

Penalties which make profits are unenforceable at Common law and The Unfair Terms in Consumer Contracts regulations 1999

 

Could any one explain exactly what is required with reference to “copies of all relevant authorities relied on”

 

Any advice would be gratefully received.

 

Cheers

 

H

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1. Both sides must file a skeleton argument and copies of all relevant authorities relied on not later than 7 days before the hearing.

Not heard this used in connection with a stay hearing before but I suppose as these hearings become more commonplace there is no reason why not

 

 

I would phone the court to check exactly what your Judge is expecting if your not sure.

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Zoot has put this wonderful document together

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/114542-bundle-stay-hearings.html

 

get all of your stay reasons together and edit the basic bundle so you can send one to the court one the the banks solicitor and keep the original for yourself.

 

you have no directions on sending this so I would aim to get it submitted about 14 days before your court date.

 

It should also clarify the arguments in your mind so you will be ready to state your case in court :).

 

pete

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oh dear doesn't look good! I don't really have anything to bring to the attention of the Court other than the general point about the unfairness of the situation and the sentence in the Cobbett letter about then not adversely affecting my claim by applying for the stay. I'm wondering if I should perhaps throw in the towel and wait for the outcome of the OFT case...

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