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    • Thank you to you all, you guys are amazing!! Yes of course i will be making a donation, i am very grateful to you all. Keep up the good work
    • I'm not quite out of the woods yet. The email they sent me also said that I have £290 of arrears and it has been passed onto their collections department. If anything my account should be £10 in credit.  They haven't taken into account the trainers that were returned back in October. The other items have been credited to my account so it looks like I've still got work to do.  They are not very quick to reply to emails, although I've only sent one trying to find more information, and I have no idea what happens next. Half of me want's to get it sorted properly the other half just wants it over with, if that means a default then so be it. 
    • No. It's a public (council maintained) road with some houses in it.   Some other houses back onto it too and those owners have right of way down the road to access the back of their properties.  Theres a few garages with private osp - so one drives out the garage, over the osp, and onto the public side road and then out on to the public main road.  Irrespective of whether the garages are used - the local businesses parking their cars on the private osp are ostensibly preventing cars from accessing the public roads.
    • is the side street solely for access to your garages? who owns the land and thus the road? dx  
    • A local business has been parking on an off-street parking space in front of my garages (in a side street).  I wasn't using them for a while so didnt bother to do anything.  But now a second local business is also using the osp - taking it in turns with the 1st biz.  This has started to nark me.    The employees choose to drive to work.  There is no private parking in their business's street.  But there are some underground secure garages in their street - which cost apx £2.4k/y to rent - which works out apx £6.60/d. (I believe one of the biz owners already rent one for storage purposes).  If the employee had to park on a meter it would cost them £6.60/h - £66 for 10h and have to move every 4h.  They just don't want to pay for parking. I haven't confronted either of them.  Instead I just put 2 clear "no parking" signs in front of the garages. And a note on one of the cars specifically saying that as they don't live or rent in the street and it's private land could they stop parking.   They ignored that.  And just put notes on their dash with a # to call if one needs the car moved.  There is a sign and they've been told in writing to stop parking. And they are just ignoring it.    I don't what a confrontation.    I don't want to go to the expense of bollards (other than maybe traffic plastic ones - but they'll probs just move them).  Council won't do zilch cos it's private land. And police won't get involved - unless I clamp/ tow the cars and then they'd be after me, not the drivers!    What's the best thing to do?
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NR/Wallers Claimform - £29k Pers Loan *DISCONTINUED*


womble72
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Evening Chaps,

 

Reading your messages i am not to sure where i stand now with a defence.

 

If my copy is enforcable am i in big trouble defending this case now ?

 

The figures may be incorrect but is this enough for my defence.

 

Womble

 

Hi, Womble,

 

a summary of where we are at present is that the default notice they sent you has certain inaccuracies, which may prevent them winning the case this time; but which can be easily rectified.

 

the papers you have been sent contain discrepancies in terms of money which are significant, and will make their case harder to prove.

 

there may be charges added onto the debt which you could fight, but we are still waiting for them to produce the paperwork.

 

My question of what the circumstances leading up to the case were (i.e. why can't you repay the money) is very important. there are, as they say, more than one way to skin a cat.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Tom,

 

I originally borrowed to consilidate a bank loan because the rate was cheaper at the time.

 

In the end i was just borrowing more and more to cover other debts and it just snowballed one christmas time (2005)

 

The big Natwest overdraft was keeping us a float but the Natwest kept dragging me in to try to throw more money at me to clear the overdraft but i told them i coudn't afford to do that.

 

So in the end i just thought enough is enough and told all my creditors i cant afford to pay.

 

My wife does not work and i have a 4 year old and a 5 month baby to support.

 

I have two jobs and hopefully in the new year my wife can find a part time job in the new year.

 

My fight with Nr is i wont deny i owe them the money (£25,000) but i cant pay them what i haven,t got.

 

I have upped my surplas this month to them so if they cant get co unless i default on cj what is the point of taking met to court.

 

Womble

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Hi Tom,

 

 

I have upped my surplas this month to them so if they cant get co unless i default on cj what is the point of taking met to court.

 

Womble

 

they are taking you to court in the hope of getting a forthwith order, or an installment order so high you will not be able to pay it. If they get either, it effectively means that they will be able to apply for a charging order.

 

seems to happen more and more, these days.

 

You mentioned having other debts. if you keep within your DMP, how soon would you be able to repay them?

 

Do you live in england or scotland? (I'm assuming england)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Womble

 

my personal thoughts on this as it stands

 

they have not supplied any documents they intend to rely on so i would wait and see what they come up with

 

as tom said , there is a certain amount of discrepancies contained within their case so you do have something to defend im my opinion

 

i would wait and see what they send you in response to your CPR request

 

regards

paul

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Hi Womble,

 

Can you type up the money figures for default / arrears in the demand letters etc.

 

I was particularly impressed with the £300 odd charges for "Direct Debit unpaid" in that list.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi, Womble,

 

i mean in each of the letters they've sent you in the bundle today that mention a default amount.

 

I'm just wondering... do their default amounts all say the same amount:)

 

So far, from what I've seen, they never seem to get all the figures to match up.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Alan

You have £60.00 penalty charges on your statement which therefor renders your default note invalid as I explained way back in this Post.

Tomterm its not £296.00 penalty its a bounced D/D negative transaction with a £30.00 Charge.

 

 

Regards

Andy

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You just have to wait now and see if your agreement turns up and we can pull that to pieces and in the event it dosent you will base your defence on the invalid Default note Hope that makes sense

 

 

Regards

Andy

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No they cant have another stab at it Lol

We could do with some help from you.

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You just have to wait now and see if your agreement turns up and we can pull that to pieces and in the event it dosent you will base your defence on the invalid Default note Hope that makes sense

 

 

Regards

Andy

I think you got slightly confused here.

I think you meant to say if the agreement DOES turn up then......

 

As if it doesn't then that's a great part of the defence.

Remember No CCA = No Enforceable debt.

Be VERY careful whose advice you listen too

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The invalid default note on the statement of account.

Can that be in my favour with the court ?

If they dont bother to send the agreement is that more weight towards me.

I have until the 8th December to do my defence but do i need to fill that part in on the admission sheet or do the court send me a letter stating why? are you defending all of the claim.

 

Womble

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I stand corrected Typing too fast Lol

Thanks again Curly where would I be without you

 

 

Andy

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Alan

I told you last w/e to Defend all of it. later in your post it was refered that I was giving misadvice by a member of cag and therefore refained from your post.

I knew there would be penalty charges there always are and I bet you there will be problems with your CCA.Add the fact that they wont comply with your C.P.R request then your defence will reflect all these anomolies

So stop panicking you are in good hands with the team on CAG.

Hope this averts the crises for now.

 

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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