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    • to frighten and intimidate you most probably. don't engage.   have you done your WS yet? needs doing in the next 7days    
    • I just got the same response from Hermes below. What would you advise I do next?    "I am sorry you have had to contact us regarding the delivery of your parcel.    I have looked into your concerns and understand that as as you selected the maximum compensation level of £300 Hermes cannot exceed this amount as per your contract.   So that we can process this as quickly as possible for you, we kindly request that you send us some details:   - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card   Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you   Please accept my apologies for the frustration this has caused you.       If you require any further assistance, please don’t hesitate to contact us."  
    • Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed    Thanks G
    • 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.
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2nd Charge Put On By Builder


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URGENT ADVICE REQUIRED

 

Hi..

This is a long story so I apologise ..

Me and the husband owned a property, it was a nice house however the garden was a ski slope. I hired a lanscape gardener to tier the garden, and deck it. On completion of this it was revealed that he had broken a covernant and the builder insisted we let them on the land to turn it back into what was a hillside (ie they filled it in)

 

After this we put the house up for sale and rent, of which we could do neither, the builders then proceeded to bill us for approx £5k. I took legal advice and a solicitor advised me to offer them a monthly payment, of which I did but we didnt keep up with the payment because we seperated and thought the debt would be dealt with on sale of the proeprty. The house got subsequently reposessed and the house was put up for auction, but it didnt sell so its now on the open market.

 

The builder put a charge against this property, but because it got reposessed they transferred the charge onto another house we owned on the estate :confused:

 

I thought this was foul play, anyway a lot has happened since then we got divorced and the absolute has just been granted, but to make matters worse my ex-husband suffered a nervous breakdown thru this and is currently recieving daily assistance from the crisis team. Im also suffering from depression. (Not suprising really)

 

We have moved back into the property that they have a charge against (Not the one that got repossesed) and we are making a go of it. However, I am concerned the builder can apply to force the sale.

We have two children under 5, and my now ex-husbands health is grim to say the least, I have written to the judge explaining our situation with proof of his condition along with reports from his consultant physciatrist.

 

What I want to know is, I have another 2 buy to let properties can the builders apply for charges on them also ??

 

I believe the Land Registry have put the charge on, but again the house they have put it against is in my maiden name and my husbands name, werehas the work took place at the marital home, ie my married name.

 

PLEASE PLEASE Can you help me, not only with the charge over our head, it will not be long before Nat West chase for the shortfall also on the marital home. Should I sell all my other assets even tho there in my maiden name ??

 

Any advice would be greatly appreciated, is there anything I can do ??

I am going to see the CAB, and am writing to the Judge again basically outlining the fact the builder have moved the charge from another house, plus the fact we are now divorced and my ex-husbands mental state. To add insult to injury, a guy two doors down from the marital home did exactly the same thing and he was left alone :???:

 

Thank-you

Law Pack & Small Claims Procedures Ordered Via site :) received 26/10/2006 I thank you :)

 

Claiming contractual @ £1.40per day ;) take your time Mr West

 

Can't wait to donate my 5%............. :)

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I'm not sure about this, but am "bumping" it up for to see if someone else can help.

 

Try not to worry too much (I know, I know) - you have come to the right place for advice.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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BUMP HELP:shock:

Law Pack & Small Claims Procedures Ordered Via site :) received 26/10/2006 I thank you :)

 

Claiming contractual @ £1.40per day ;) take your time Mr West

 

Can't wait to donate my 5%............. :)

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How are charges being applied without any defence from you in court?. and in answer to your question, if a creditor finds out you have more than one property it would be up to them which one they seek an CO on

[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

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"I just say what I say because everyone is entitled to my opinion!"

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Hi..

In terms of the interest on the debt, I hadnt filed a defence because all the post were going to the old address.

However, I have since filed a defence and also initiated a clean break order to protect my assets, and my decree absolute is now thru.

I have offered them a sum per month, later on the year I will come into a bit of money and have been advised by a solicitor to offer them 3.5k in full and final and get rid of the parasites. :mad:

 

More importantly my ex-husbands health is more important :)

Law Pack & Small Claims Procedures Ordered Via site :) received 26/10/2006 I thank you :)

 

Claiming contractual @ £1.40per day ;) take your time Mr West

 

Can't wait to donate my 5%............. :)

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