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    • It's fine. Someone who deals with this more often than me will know.   HB
    • OK, your notes make sense but the outcome depends on what time you're given to voice your concerns.    I'd mention that HMRC have repeatedly failed to address your concerns that they repaid tax for an EIS Company that simply didn't exist - totally negligent !   Great bit of video given by Mr Wilde (bald HMRC guy) admitting they failed to even check if an EIS Sceme even existed or was genuine and this was criticised by the MP. Well done to UncleB for finding this.   Probably too late to fwd this to the FTT but no harm in trying.   Good luck !  
    • Two further letters from Lloyds Bank. They state the terms offered in the Tomlin order are "standard", I think they left out the part where they meant standard for their client. My understanding is that the terms of a Tomlin order should be acceptable to both parties. While I could get bogged down in the fact the wording of their proposed terms in their Tomlin order were very wide, and while perhaps not relevant they appear to fit very closely the definition of unfair terms laid out in the Consumer Rights Act, this is probably a waste of time and better saved for the judge should the matter of costs arise. I'm not sure there is really any requirement to reply if one is 100% certain the claim will be awarded, however there is an opportunity to save Lloyds Bank from further wasting the court's time. A proposed reply below.     Lloyds - Defendant - Letters 09.08.22 - Redacted.pdf
    • Hello guys, was hoping to get some advice/help in regards to sorting this debt out.   On the 30th April 2016 I got finance approved on a car through Santander.   on the 7th January 2017 I had an accident in this car and it was written off. The insurance company paid the money straight to Santander Consumer Finance who then said I had to pay up £1047 immediately or they would add a default to my name. I originally agreed to pay £500 for 1 month and the remaining amount the following.   Due to difficulty getting the first £500 together I rang them 3 days after the payment was due and apologised telling them of my difficulty, but they said as I had broken the agreement I now had to pay £2247! I was furious and instead offered to borrow some money from a friend and clear the original amount that same day, they point blank refused to accept that so I told them to get stuffed.   In 2021 I received numerous letters from Cabot and didn’t think anything of it as the default had now come off my record.   This year I have received a letter from Mortimer Clarke with threats of a CCJ.   I then decided to email them this;   Dear Sir/Madam   I received your letter regarding the account indicated above, claiming that I owed a specific amount. I would like to inform you that I do not know of any such amount I owe Cabot Financial (UK).  I would also like to call your attention to the FCA’s (Financial Conduct Authority) Consumer Credit sourcebook that states that: A firm should neither ignore nor disregard a customer’s claim that his debt has been settled and/or is disputed and must stop making demands for payment without providing the customer clear justification and/or evidence as to why the claim is not valid. 7.5.3 A firm must suspend or cease the steps it or its agent takes in the recovery of a customer’s debt where the customer disputes or has settled the debt on valid grounds or what may be considered valid grounds. 7.14.1 If a customer disputes the debt on valid grounds or on what may be considered valid grounds, the firm must re-examine the dispute and provide details of the customer’s debt to the customer in a reasonably timely manner. 7.14.3 If there is a dispute regarding the identity of the borrower or the amount of the debt, it is for the firm (not the customer) to establish, that the customer is indeed the correct person/identity in relation to the debt owed or that the amount is correct under the agreement. 7.14.4 A collection firm must provide the customer with information regarding the outcome of its investigations about a debt that the customer disputed or has settled on valid grounds. 7.14.5 If the customer disputes the debt and the firm who seeks to recover the debt is neither the lender nor the owner, the firm is required to: > (1) Pass the information given by the customer to the actual lender or the owner; or > (2) If the firm was given authority by the lender or the owner to investigate the dispute, the firm is required to notify the lender or owner regarding the outcome of the investigation. 7.14.6   You have not ceased your collection activities whilst investigating a reasonably disrupted or queried debt, a method that is considered unfair and deceptive. Furthermore, by continuing to make demands from me to make payment whilst ignoring/disregarding claims that my debts are disputed or settled, your agency is committing what amounts to psychological and/or physical harassment. In light of this, I am asking that you do not make contact with me regarding the above account without providing me with evidence regarding my liability.   I shall wait for your response confirming that the matter I have presented above is closed. If I do not receive such confirmation, I shall file a complaint with the department of trading standards and may inform the FCA regarding your actions. If necessary, I shall also forward a complaint with the Office of the Financial Ombudsman Service and Information Commissioner.   I look forward to your response.     They replied with a copy of the original finance agreement, however the date of that agreement was 30th April 2016, that would now be more than 6 years.    Furthermore the name on the agreement has been spelt differently to mine and is missing part of my first name.   My question now is how do I respond to this?   Thanks in advance for any advice (I may take a bit of time replying due to work constraints)
    • Hi all,   Due to my own carelessness, I ended up with a 2nd charge on my property, via way of a CCJ, because of a debt (approx. £12k) on an old MSDW credit card. This was back in 2004.   Nobody since has ever approached me about this debt, and I have no idea who owns it. I wrote to Morgan Stanley Bank International Ltd about 6 years ago, and they never replied.    I want rid of this charging order. Does anyone have an opinion on what I should do? Go knocking on Barclaycard’s door, asking if they have the debt? I certainly don’t want to go knocking on the doors of the various DCAs, and inadvertently kick off a feeding frenzy.    All opinions welcome, thanks in advance. 
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Bankruptcy Petition


roystc
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Indeed - it's up to Roystc to show she was solvent after giving him the money. If he can do that, then the rest falls away.

 

I suspect he can't though, even if she was solvent.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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Oh b*gger I was about to go to bed:D. Someone called Eves, but I have now found a lot more in my notes which I will read tomorrow regarding constructive trusts.

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

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and so to bed for me...

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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So if I do get this put aside which we think I wont:-/ How can I prove she was solvent if they wont release the details? Is it worth getting an affidavit from her saying she owed me the money and she believe's she was solvent? She has rang Equifax and they cant tell her only how much she went bankrupt for. So it looks like it will fail as I cannot preduce receipts from 6 years ago the best being a statement from a builder saying he did work if he's prepared to? So if I do get back to court could I then ask although I dont believe I owe this money that I am able to pay in instalments rather than make me bankrupt. Why do they want to make me Bankrupt if I'm willing to pay its crazy. Thank you all:)

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Presumably the OR has her financial records. If you do manage to get the CCJ set aside then there will be another hearing as if you had just received the claim form. I think an affidavit from your ex would help, but wonder if it is possible to demand disclosure of her financial affairs from the OR, as they are presumably the claimant.

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

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So if I do get this put aside which we think I wont:-/ How can I prove she was solvent if they wont release the details?

 

If she remembers what accounts she had then, or can find out from an experian report, she could do DPA requests to the creditors to ask for the balance at that date.

 

Is it worth getting an affidavit from her saying she owed me the money and she believe's she was solvent?

 

If she owed you the money and you prove it, that just makes it a preference rather than a transaction at undervalue. That doesn't really help you much, I don't think. And if she can't prove she was solvent, thinking she was doesn't count for much.

 

She has rang Equifax and they cant tell her only how much she went bankrupt for.

 

They should be able to tell her what accounts she had at the time, so she can find out.

 

So it looks like it will fail as I cannot preduce receipts from 6 years ago the best being a statement from a builder saying he did work if he's prepared to?

 

Again, even if you could, it just makes it a preference rather than a transaction at undervalue.

 

So if I do get back to court could I then ask although I dont believe I owe this money that I am able to pay in instalments

 

I think you have to do it, if you can at all, under the CCJ heading. If you wait until the bankruptcy hearing they will make the order, as you have a debt under the judgement that you were due to pay and haven't.

 

rather than make me bankrupt. Why do they want to make me Bankrupt if I'm willing to pay its crazy. Thank you all:)

 

Basically because a lot of people faced with bankruptcy petitions magically find the money.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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Hi Roystc

Are you sure it is a CCJ? If the trustee claims a transfer at undervalue, he makes an application to the bankruptcy court for an order nullifying the transaction. The court has wide powers under the section in the Act. It is likely that the order just simply requires you to repay the money. To that extent it would be the same as a CCJ.

As to why the trustee is going for bankruptcy? I don't know really and whilst I could speculate as to a reason, I don't think it would help.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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It just seems crazy that they are saying they cant prove that she was solvent or not and they can get access to anything. What chance have I got if they cant get the information? Or are they just playing a game not releasing it to my solicitor. I cannot magicaly find the money I have done 2 years on half pay and NO pay and have just been taken on my works permenant health scheme of 80% of my salary for the rest of my life if my health doesn't improve. I am waiting to go on disability hence why I'm stuck on here and tv all day. I tried to get a loan but just my luck in todays current lending climate got no chance. I'm being treated worse than a criminal for doing absoloutly nothing and me and my family could be put out of our home of 30 years. My father is 70 and has emphasymia and my mother is in hospital in Manchester having extensive heart tests. Call us unlucky if you like I'm not after a sympathy vote from a judge just pure comon sense! The laws need to change even if its just to be able to get representation to fight these people they know you dont have money and its just a job to them.

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It may sound like a daft idea but are there any family members around who could get a mortgage on the house your parents occupy, depending on the price of the house, especially if you agreed to fund the mortgage after a year or so?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I am an only child:-/ dont really think they'll give my mum and dad one:-/ These people are evil I accept someone elses debt and they want to make me bankrupt not take payments. My solicitor said all along they would go for bankruptcy as they are a team of solicitors and get paid anyway. Dont really understand that but he said they make money no matter what.

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I am an only child:-/ dont really think they'll give my mum and dad one:-/ These people are evil I accept someone elses debt and they want to make me bankrupt not take payments. My solicitor said all along they would go for bankruptcy as they are a team of solicitors and get paid anyway. Dont really understand that but he said they make money no matter what.

 

OK, I'll think of something else. Any good friends who might buy the house and let your parents remain?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Share on other sites

Hi Roystc

 

Are you sure it is a CCJ? If the trustee ...

There is definitely a CCJ. It seems Roystc has accepted that the transaction was voidable in order to avoid the expense of a court hearing on this point, and that the Trustee has subsequently obtained a CCJ on that back of that.

 

They are now going for bankruptcy on the bank of the CCJ not being satisfied.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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Not that good;-) and where do ya get a mortgage these days? I spoke to the mortgage lender the other day about it. He said he knows people wh have dropped there houses £40K and still cant sell because no one is lending. This country is absolutly going to the dogs when normal people get persued like this. Thanks to you all Ging, Doc,Goldlady;-) They cant kill me and what dont kill ya makes you stronger! Would love to get hold of the person who said that;-)

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I have today given my solicitor a medical report to try and have the CCJ to one side but after reading dont think they'll put it to one side. And even if they do I think all I'll do is loose end up with £46600 with the costs but I haven't got £27500 never mind £46600 so all I'll get is to put my side accross and be humiliated by a judge. I know I wont win all I want them to do is speak to the financial management company:-/

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I asked my solicitor about getting the CCJ changed to something I can afford but he said they wont accept that and will go to court. They are so unreasonable its beyond belief.

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Had letter off solicitor today he thinks we have very little chance of winning this case they've got me all ways. Is there any leagal way I can make them accept a payment rather than make me bankrupt? I signed believing I could pay in installments not raise £27500 who has got that sort of money?

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Is it worth trying to get this put to one side or just attend the bankruptcy hearing and hope for the best:-( Had a word with one of the lads that did work on her house he said he would reluctantly make a statement but cant produce receipts which is a bit pointless. Seems pointless asking to get this put aside with no chance of winning. Or is it worth it to ask for a change in how it is paid rather than in one lump sum.

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roystc what exactly did the solicitor say? is he still going for a set aside of the CCJ?

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

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Is there any leagal way I can make them accept a payment rather than make me bankrupt? I signed believing I could pay in installments not raise £27500 who has got that sort of money?

 

 

The only possible way I can think of, as I said before, is to go to court to get the CCJ terms varied to payments in installments rather than forthwith.

 

I don't know if that works after a Stat Demand has been served though - perhaps you could ask your lawyer if he thinks you could win this.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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He said he confirms that he will make an application to have the judgement set aside with request that the hearing in relation to the bankruptcy be ajourned till such time that the applicationis heard. He goes on to say, However I think you must give strong consideration to reconsidering your position regarding applying to have the judgement set aside. He said Councel said my case was weak and would almost certainly loose at trial with the lack of evidence. He said I will have to pay the applicants legal fee's of £6500 +vat so expect £46600.

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Well what is another few grand at the end of the day? :D You are damned if you do and damned if you don't. Of course if you are made bankrupt who is going to pay his fees? Or if you pay him in advance does that make him a preferential creditor:rolleyes:.

 

Keep those boxing gloves ready, and keep taking the strength pills.

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

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The ex has been trying to find out how much she owed but is having great difficulty getting anything back but has wrote letters asking as they wont do it over the phone. Surely they should have to show she was insolvent or is that to keep me guessing gambling on going to court. The letter said it had to be settled on a forthwith basis as that was the grounds the applicant would settle for such a reduced sum:-/

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Will do, will see if I can get it put off and see if I can prove she was solvent. Looks like they wont take payments though so wondering if a judge might make them with my problems? They all seem to be in the same club though

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No there are some bl88dy good judges out there - met one yesterday:D

 

Whatever it takes to prove she was solvent and how ever many people you can get as witnesses to the work you paid for/did in the house (friends even) will 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

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How do you get someone to be a witness do they go and make a statement to my solicitor??? A few saw the house and knew the problems I got sorted there.

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