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    • Hello Friends. I cannot believe it but im being evicted again, i was given a section 48 notice 4 months into my tenancy. I already went through this process last year, i overstayed in my last place by a few months and left on 6th Oct 2023. I knew to check all the documentation that they sent to see if the notice is legal, it looks like it is. I took this place out of desperation as i had to vacate that last place. I hate this place so im not bothered about leaving it.    These cowboys lied to me when i viewed the house. I told the agent that i was evicted from my last house and naturally i dont want this to happen again. She said  the landlord has no plans to sell the house. What she did not tell me was that the landlord had tried to sell the house last year and failed. So it looks like they have used me to fill in the short period of time until its time to sell again. I did see it advertised online.   I told them im not in a strong enough financial position to find another property, cost of a deposit, 1 months rent and moving costs.   They have told me they are starting legal proceedings. They have sent me an invoice for £395 but i have not even received the court paperwork.    I dont like the job im in so i have decided to relocate to a better job and hopefully find cheaper rentals.   I can post a copy of the notice if needed.  
    • yes a judgement sorry I used the wrong word before
    • Hi So on Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application - on the basis that the solicitor missed the deadline for the additional directions and it was an oversight on their part and that the claimant should therefore not suffer.   They then attached a copy of the deed of assignment and a new witness statement.  They stated that they would be happy to delay the court date by 28 days but that they believed both parties were ready for the court case on 7th June. My first question, is there anything I need to do or do I just sit and wait to see what is decided?  Secondly, is it likely the judge will be aware that the claimants solicitors did exactly the same in the set aside court case (ie they filed their court bundle late and applied for relief from sanctions on the morning of the court date, and my solicitors had no choice but to agree because they threatened to strike my case out because my solicitors had only filed their court bundle by email and not post).  This is a clear pattern of how these solicitors work rather than it being a one off oversight! 
    • I shall find the link later this evening. It was about couples not living together but being liable for council tax. I was never married or in an official civil partnership. We lived together for 18 months, I then left for 6 months for work but continued to pay my half of the bills and rent.   We then split up I gave up my tenancy she took it all in her name. She then decided to move in with me 5 months later. She then banned me from going back to my house eventually let me back in then called the police. Took over my house and is now only paying the rent not the bills so I will be landed with those to. So over the course of our relationship I have ended up paying her debts for 5 different addresses, personal loans and credit cards. If I refuse to pay them she makes more accusations.
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Capquest/Royal Bank of Scotland


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I was graced with the displeasure of having 2 letters from Crapquest today regarding 2 debts with Royal Bank of Scotland. These debts are from 1998 and 2000. This is the first contact I have had from Crapquest and I adv that the debts are stat barred. They told me that in no uncertian terms are these debt stat barred. This I know to be incorrect due to me being a Senior Debt Recovery Officer.I have sent the Stat barred letter to them by fax and by post today.The only problem is that just inder 2 yaers ago I obtained a copy of my Credit Report and I am sure that there was a CCJ from RBS which expired in November 2006.Where will I stand now?I am quite worried as it is over £4k of debt and I just cannot afford to pay anything back as my income only just covers my outgoings and I have to work alot of overtime each month to make ends meet.

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It is up to the DCA to PROVE that these debts are valid and enforceable, not you to prove otherwise.

Wait and see what CQ have to say for themselves.

 

As a side CCJ's are NOT governed by the Limitations Act and have NO time limit. Although after this length of time they would need to go back to court to renew enforcement.

Be VERY careful whose advice you listen too

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Sorry further to that if RBS has sold the debt to Cap then surely the CCJ will no longer stand anyway as they have sold the debt to a third party who, in their letter have threatened to "utilist the legal system to its full entent"

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Very doubtful, but there are other avenues available to have a CCJ set aside.

Have a look at this for further information: Removal of CCJ's - Valid reasons to have your judgements set aside

 

Selling a CCJ'd debt is acceptable, but as they have mentioned legal action I doubt the know about it or it wasn't correctly enacted.

Be VERY careful whose advice you listen too

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  • 4 weeks later...

Update on Capquest and RBS.I received two letters from Capquest, on different days for the same account (Guessing it was for the two accounts I have with them)These letters advise me that the account is on hold - the hold is due to expire on 15 December and 19 December 2007.This morning I received a letter from H L Legal solicitors threatning County Court action and they have added interest to the debt!I contacted them and advised that as the account is on hold and that I have this in writing that it was rather underhand for them to take action like this. The man I spoke to added a further 30 day hold on the account when I told him not to.I called back and got through to what I could only describe as a judgmental bully. He told me that the last payment made was on 15/09/00 but as RBS did not pass the account until May 2007 then the debt is not stat barred. He blamed me for not making repayments and taking the loan knowing full well that I would not pay it back. I then became quite upset and advised that if it was not for losing my job, having a drug addidction which eventually resulted in me losing my home and having a partner who thought that domestic violence was acceptable. If I had not had any intention of not paying the debt I would not have made any payments at all.I have written a further letter to Capquest explaining this to them and adding the Limitation Act and last payment/contact stuff.I am really worried now as I was bascially accused of making excuses for this debt.I am really considering an IVA or Bankruptcy but I know that these debts are un enforceable and dont see why I should put myself through more distress. I have paid off so many debts this year and I have done so well and this has just been a knockback.

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Faye I agree with 2Grumpy.....it is 6 years since you either acknowledged the debt OR if you made a payment towards it....it is NOT when the debt get passed on - they are talking COBBLERS !!! Do NOT call them again as you need to get them to put anything they say to you in WRITING - they will tell you ANYTHING on the phone to get you to pay. Send them the Statute barred letter and write at the bottom of the letter - PLEASE NOTE I WILL NOT ACCEPT ANY PHONE CALLS FROM YOUR COMPANY - ALL CORRESPONDENCE MUST BE IN WRITING ONLY - ANY CALLS MADE TO ME WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH

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  • 2 months later...

Update on Crapquest. Sorry for the delay.

 

Debt 1 - £2600 (and a bit) - Written off - debt from 1998

Debt 2 - £1500 (or so) - still no info from RBS - last payment May 2000 - awaiting write off now.

 

Tahnks for all help.

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