Jump to content


  • Tweets

  • Posts

    • Hello   In my view  a self imposed bankruptcy is not necessary.   Your friend just has to accept the situation he is in and set things up to deal with it.   I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end.   He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport!   In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments:   You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope.   The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off.   Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”.   To that extent I would follow this plan:   Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom.   (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability,  mostly it's game over for them.   Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place.   As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way.   I welcome any comments from other CAGers, particularly if they spot any mistakes.
    • There were 1,348 company insolvencies recorded in August 2021 in England and Wales, according to the latest figures published by the Insolvency ServiceView the full article
    • Do not appeal. Please can you complete the questions below. If their NTK is wrong they cannot transfer the liability to pay from the driver to the keeper. If they do not know the name of the driver then they are stuck. No-one to claim the money from. In any event most of the roads on the airport  either come under the Road Traffic Act or the airport Byelaws. if they do then not even the driver is liable since Apcoa has no right to issue tickets for either of those type of roads. But they still do and people still pay them.     
    • Here we bring you the latest industry moves, including recent appointments at Court Enforcement Services, The Cambridge Building Society and LowesView the full article
    • Like this? you said paragraph 2 but it should be 3 right?   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is noted. I have had in the past a contractual relationship with Sainsbury's Bank.The claimant has failed to state any agreement/account reference number within its particulars therefore I am unable to admit or deny the alleged debt claimed.   3. Paragraph 2 is noted but not admitted.The claimant has failed to state the actual agreement/account reference number.   4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Sainsbury's bank.   5. On receipt of this claim on the 20/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request. The claimant is yet to respond to this request. Mortimer Clarke is yet to respond in relation to the CPR 31.14 request. To date, 20/09/2021, no documentation has been received.The claimant remains in default of my section 77 request.   It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant entered into an agreement; and   (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974   (c) show how the Defendant has reached the amount claimed for; and   (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  • Recommended Topics

  • Our picks

  • Recommended Topics

ripped off for £5200 in total, SOLICITORS needed or not needed?


teli
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5097 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I HAVE JUST LEFT A THREAD REGARDING A PROBLEM WITH ABBEY, IN IT I MENTIONED ABOUT THE GUY RIPING ME OFF FOR £5300.

oops sorry for caps..

 

well anyway.

over 18months ago i purchased a car fronm japan. the car arrived and i got my car happy days after waiting 6 weeks. then as i knew there could be a possible profit i decided to go again through the guy who helped with the 1st one.

anyway to try and keep it short.

i purchased another car actually from ebay and as it was in the same town as him he collected the car, i sent him the money and so far have never seen the car or the money.

in the meantime i had also sent him payment for another 2 cars. these were all to be collected by me and him or himself within 2-3 days. so therefore there was nothing dodgy.

anyway now it is at the stage where the car i bought off ebay he sold on, i have never seen the money so therefore you would think that was heft never mind the fraud on the other money. as i got nothing in return from that either.

 

so after contacting him by telephone and getting promised the world i have never received a penny, so i went to my local police, they deferred me to Durham police who went asked if he received the money, he answered yes but there were agreements made so they therefore have said that the matter is a civil matter.

hence this thread, i have been in contact with the law society to get a solicitor in the durham area who will take on my civil case buy i am wanting to know do i need him or can i challange this myself. if i can do it myself i have his full contact details to send any correspondance to.

what would you advise and any help on what to do next would be greatly appreciated.

 

ps. i have forwarded the matter to the police complaints in durham and am awaiting an outcome but still not getting paid.

 

please advise on what i should do. thaks.

4 Alloy Wheels, BodyKits, Vertical Doors Tyres all tings car related

for learner legal bikes, Sports and Enduro, monster bikes etc. take a look

Link to post
Share on other sites

I think you will need a solicitor. If he has no intention of repaying you or delivering the cars then I doubt you will get anywhere on your own against him. It will be a case of tracing the money to get it back. I presume you paid him by bank transfer and not in cash.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

believe it or not i sent cash,

although i rspecial delivery posted it with a guaranteed value of ££2500 each time. in total there was 4 cash amounts sent. all with tracking numbers and signatures.

many thanks though.

4 Alloy Wheels, BodyKits, Vertical Doors Tyres all tings car related

for learner legal bikes, Sports and Enduro, monster bikes etc. take a look

Link to post
Share on other sites

If the individual to whom you sent the money is a trader (and even if he claims he isn't, he may still be a trader in the eyes of the law), you may also find Trading Standards helpful.

 

That said, I'd have another go with the police. Don't be fobbed off by civilian staff, ask to speak to CID, and ask whether this could be fraud.

 

Quite a number of people selling cars (particularly on Ebay) have been caught out because although they claim to be selling as private individuals, it's often ridiculously easy to show that they are traders. Their reluctance to refund can often be overcome when they realise that various bodies may focus unwelcome attention on them. It's amazing how many have forgotten to tell the taxman about the money they make, or have forgotten to register for and pay VAT. Or they haven't realised that flogging cars from home means that they should have applied to the Planning Dept for a change of use, and should be paying business rates. Or that they have neglected to inform DWP that they now have a job selling motors on Ebay (or [causing problems] people), and shouldn't be claiming benefits after all.

 

As the military say: time spent in reconnaissance is rarely wasted...

Link to post
Share on other sites

Who was the seller on Ebay? Did you pay them or was he the seller?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

i have all the details of the original seller on my email account but to answer your questions,

1, i went direct to the CID here they put me onto CID Durham, after looking into it they said it was a civil matter,

2,nd the money although was address to an individual say joe bloggs, address was M****** Cars

Durham

so the money was signed for at a ligitimate business where he does a litle part time work,

 

i phoned his boss the other day and told him i would be taking his company to court as thats who signed for the money and he said it was nothing to do with him and he never signed it was the employee, now as far as the employee go's i have all his contact details and i know his mum works in a court in admin or something but i therefore think if i was to address the letter in court style form to his address the matter would be sorted, but i dont know wether to do this or leave to solicitor incase it gets messy.

 

all i want is my money and in my last email correspondance i actually took a settlement figure of £4000 knocking £1200 off the total to forget the whole thing, again he agreed and said will have the money to me by the end of the month but again no money,

i am at my wits end here.

please advise if you can.

4 Alloy Wheels, BodyKits, Vertical Doors Tyres all tings car related

for learner legal bikes, Sports and Enduro, monster bikes etc. take a look

Link to post
Share on other sites

You need a solicitor if the claim is for over £5000.00 but my advice is to seek a solicitor even if local as they may give you free advice for like 30 mins.

 

I would also check out this site.

 

Her Majesty's Courts Service - Home

 

You will need to got to county courts in the drop down list for which courts service you need. That will then give you a list of forms and guidence notes which you can get the info off. You can even fill out forms and print them off and send them to the courts from that site i am using it to sue ppl who owe me money and i am not using a solicitor.

 

Good luck and my advice is dont accept a reduced pay offer. :D

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Teli, where do you live? I live 12 miles from Durham:D:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

Sorry to hear that the police took the path of least resistance.

 

I'd like to see the boss explain to Trading Standards how a deal involving the supply of cars was carried out on his premises, by his employee, but is nothing to do with the business.

 

A solicitor will be able to advise you on the best route to take.

 

I would certainly stop phoning either the individual or his boss; get everything in writing.

Link to post
Share on other sites

Teli, where do you live? I live 12 miles from Durham:D:D

 

 

wanna earn some money.. lol:rolleyes:

4 Alloy Wheels, BodyKits, Vertical Doors Tyres all tings car related

for learner legal bikes, Sports and Enduro, monster bikes etc. take a look

Link to post
Share on other sites

I know of an excellent debt collecting firm!!!!! who have a 100% success rate, nothing naughty, let me know if you wany their details, they are based in co durham..Gc

 

 

but when you say excellent firm do you mean genuine and what sort of rates?

4 Alloy Wheels, BodyKits, Vertical Doors Tyres all tings car related

for learner legal bikes, Sports and Enduro, monster bikes etc. take a look

Link to post
Share on other sites

Sorry to hear that the police took the path of least resistance.

 

I'd like to see the boss explain to Trading Standards how a deal involving the supply of cars was carried out on his premises, by his employee, but is nothing to do with the business.

 

A solicitor will be able to advise you on the best route to take.

 

I would certainly stop phoning either the individual or his boss; get everything in writing.

 

 

i have everything in writing, from the start, even the msn conversations we had along with email proof and postage proof.

i hope i have enough to go on, but a civil solicitor i need then you would all recommend or should i actually send a last threatning 1 to his address, and if so does anyone have a good template?

 

thx for the help.

4 Alloy Wheels, BodyKits, Vertical Doors Tyres all tings car related

for learner legal bikes, Sports and Enduro, monster bikes etc. take a look

Link to post
Share on other sites

You need a solicitor if the claim is for over £5000.00 but my advice is to seek a solicitor even if local as they may give you free advice for like 30 mins.

 

I would also check out this site.

 

Her Majesty's Courts Service - Home

 

You will need to got to county courts in the drop down list for which courts service you need. That will then give you a list of forms and guidence notes which you can get the info off. You can even fill out forms and print them off and send them to the courts from that site i am using it to sue ppl who owe me money and i am not using a solicitor.

 

Good luck and my advice is dont accept a reduced pay offer. :D

 

the claims are actually 3 seperate claims though, all for less than £2000 per claim. so therefore i think it can be done myself. but thanks for the links above.

4 Alloy Wheels, BodyKits, Vertical Doors Tyres all tings car related

for learner legal bikes, Sports and Enduro, monster bikes etc. take a look

Link to post
Share on other sites

Haha :) we are on this site fighting DCA's and here we are collecting debts;) If you can get the guy to agree to let you have the money back I could get it for you (or send someone a bit bigger than me - 5'2" but I have got a German Shepherd if any DCA's are reading this) but if there is likely to be a problem maybe you should talk to Groovycaz!

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

It all boils down to whether we are talking about the law of the jungle or whether he would react to a solicitors letter. I work for two firms of solicitors in Sunderland and could probably get one of them to send him a letter if it is likely to help.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

if i could get a solicitors letter drawn to him this might work as it has only come from myself and not officially.

this is why the thread should i pay or try this 1st?

thx.

4 Alloy Wheels, BodyKits, Vertical Doors Tyres all tings car related

for learner legal bikes, Sports and Enduro, monster bikes etc. take a look

Link to post
Share on other sites

but when you say excellent firm do you mean genuine and what sort of rates?

 

They are a security firm (legit) but people in the north east know who they are and they always (legaly) (without hurting anyone) have a 100% success rate, they charge a percentage (not sure how much but can find out) get you your money back, good God, this does'nt sound good, but honestly they are legit, they just look like BIG gangsters, but they are'nt, they run a successfull business...Gc

Link to post
Share on other sites

Do you think he has still got the money? If you sent him a letter saying your 'cousin' or someone was coming to collect it then you might not have to pay anything. Having said that a solicitors letter will probably only cost you £25-£50. Have you got any idea why he didn't come through with the cars? Has he given you any reason or has he just basically stolen your money?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

sounds like a con man to me, theres loads of them on ebay, one of them ripped my sons birthday money off him for a pair of sunglasses he never recieved, hes no longer registered with ebay, if this guy was legit, wheres your cars, wheres your money, he broke his promise when you agreed to take a loss, whys he still got your money, it must have been easy pickings for him.. I have a deep dislike for this sort of individual, they prey on the honest people who part with their cash putting their trust in something they believe to be an honest dealer,,,Gc

Link to post
Share on other sites

the claims are actually 3 seperate claims though, all for less than £2000 per claim. so therefore i think it can be done myself. but thanks for the links above.

 

My claims were seperate but to the same person and i was advised buy the courts to group them together as not only will it save me money and time but it will save the courts money and time to so i have linked mine together because as we all no time can be precious.

 

But yes it did save the defendant time and money asweel as he was not paying 3 lots of court costs but knowing how busy courts are i think i made the rite choice.

 

Hope the links is useful for u. Good luck sounds like u need it. :)

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Teli,

why did you send him more cash when you didnt recieve the first car?..Gc

 

i received the 1st car. then it was a case of 3 days between all money posted,

4 Alloy Wheels, BodyKits, Vertical Doors Tyres all tings car related

for learner legal bikes, Sports and Enduro, monster bikes etc. take a look

Link to post
Share on other sites

Teli,

have you been waiting 18 months to get your money back after buying the 1st car?

 

originally it was £7200

now i got £2000 paid back within 18mths.

i think i should start charging interest.

4 Alloy Wheels, BodyKits, Vertical Doors Tyres all tings car related

for learner legal bikes, Sports and Enduro, monster bikes etc. take a look

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...