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    • Problems with DWP are a possible reason for the delay in paying beneficiaries. If for example DWP suspect that benefits paid prior to the deceased's death have been overpaid they have to right to recover the overpayments from the Estate. Until the Executor has agreed with DWP what is owing to them and paid them they cannot pay beneficiaries. Sometimes the overpayment of benefits, usually because the deceased had not given correct information to DWP, goes back years and can be a substantial amount. Possibly so much that there is no money left to pay other beneficiaries. When I've dealt with DWP on overpaid benefits you get a lot of threatening letters from them telling the Executors that DWP has a duty to recover overpayents to protect public money and will go to court to recover it if they have to.    The bad news at the moment is it takes months to get anything sorted out with them. eg, just before Christmas I got a reply to letter I sent to DWP on a routine matter last February! Covid support has swamped them. I agree with HB that you should wait. And you might have to wait some time I'm afraid.   Of course if you don't believe the story about problems with DWP you might want to take action now. I can't say if it's true obviously, only that it is credible.
    • is response to CPR rules you sent me - my observations are   1)they havent stated under what law/legislation they make a claim, they have mentioned document they rely on but didnt serve it with application as above   2)they didnt serve application or evidence on me ever! court knows this    3)this is a telephone hearing where no oral evidence is to be given , do we do skeleton arguments or court bundle , when do we give to court - order is to only submit evidence in response 7 days before hearing   4) there are /is a document which gives complete defence to the claim, disclosable at trial , so they shouldnt have sought summary judgement a)i have an email from them ,  a deed of guarantee and indemnity (DOGI) was required for guarantee, pre condition to lending b)i have a docusign email sending request to sign this  DOGI document (not attached it was a docusign login) , c)they dont have a copy of it and havent provided under SAR or specific request.  d) anyone who does a DOGI, is not defined as a 'Guarantor' in the agreement, which is not signed in a personal capacity anyway, e)so in the application they rely on loan agreement having a self contained gurantor section, and the fact my name is next to word guarantor (but not signed personally, no statute of frauds anyways)   their definition of a guarantor-"person named in offer letter who enters into this loan agreement to provide a personal guarantee and indemnity. this definition excludes any third party guarantor who enters into a seperate DOGI"
    • Hi Anney.   Let's give this a bit longer. With the best will in the world, altosbestos hasn't been here very long and we don't know much about them. It would be good to know what forum regulars think about what altos is advising.   HB  
    • thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect.   so i asked court can i have copy of PR1 so i can check, they just got back and said  claimant has never either in electronic database or in paper, served a bundle PR1 with the application,    there said it was claimants job to serve everyone and me- so ask them      i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them !   in theory judge will get to hearing and go where is your evidence of this agreement?   and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
    • You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage.   I would recommend you do it today, start maintaining a paper trail. 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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Swift Advances. Secured Loan Charges reclaim


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A call to all Swift Account holders for information:

 

Can you please tell us which bank account you pay your Swift payments into?

 

To protect the site we ONLY want the last 4 digits of the sort code and the last 4 digits of the account number

 

Which Bank:

 

sort code: xx 1234

 

Account : xxxxx1234

 

Please find out from your direct debit payments or your bank statements and post them here....tick tock....:D

 

Thanks

 

 

Yes you can pm Sparkie1723, pkelly or me but if you can just post it up here on the thread as nothing is confidential and pm boxes get filled.There's no point pm'ing sparkle72 with it as he already knows :p I need to know as many of these as I can from as many of you who can tell me too. Not everyone has these details as they pay by direct debit, but you can find out from your bank - they will tell you the recipient account. It is quite important -Thank you.

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You're being very polite s/m/c have you had a good day or something?;)

 

I'm glad that Pkelly isn't on tonight maybe I can get to bed early

 

sparkie

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You're being very polite s/m/c have you had a good or something?;)

 

I'm glad that Pkelly isn't on tonight maybe I can get to bed early

 

sparkie

 

...and we might get some sensible posts too...;)

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http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

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http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

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guess whos just flew in:D got myself one of these rasberry things so now I can logg on anywhere :D especially when my ears are warm lol

pick up a penquin two systems for the price of one:?:

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a) You're being very polite s/m/c have you had a good day or something?;)

 

b) I'm glad that Pkelly isn't on tonight maybe I can get to bed early

 

sparkie

 

a) I am always polite sparkie - so naff off!

 

b) He's back, so bang goes the beauty sleep :grin:

 

Sunray, thanks...keep them coming folks..

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cant work this rasberry ting worse tahn mobile am in arport so be flying soon oh smc you are worse than a magnet at least it has a possive side lol

pick up a penquin two systems for the price of one:?:

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Here's a sensible post ...........I am on the track of the fact that Kestrel No1 are involved in mezzanine borrowing that in my understanding is the involvement of SPV's which in turn leads to securitization which Mr Webster has denied takes place in their group activities??? more investigating is continuing, using various means at our disposal..

 

sparkie

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what med.... borrowng boss borrowing someones cough bottle:confused: has johnny da dose of the skitter

 

 

Don't know about cough bottle you must be on that wasssaammarrra or whats it called "marriedinhavana"

sparkie

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Hi Sparkie,

 

Mezzanine finance, is cheaper than equity financing and does not require the company to give up equity.

 

 

Can you enlarge upon that sunray...can you explain the difference and sparkie, where did you get that mezzanine word at this time of night?

 

Sorry, trying to be serious for once...

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Hi Sparkie,

 

Mezzanine finance, is cheaper than equity financing and does not require the company to give up equity.

 

 

Not on what I have just read on the debenture they undertook they handed over every thing from the time they signed the debenture ...but they hadnt got anything

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Can you enlarge upon that sunray...can you explain the difference and sparkie, where did you get that mezzanine word at this time of night?

 

Sorry, trying to be serious for once...

 

 

Off the 395 Kestrel filed at Companies House 13th July 2004

Funder Bank Barclays ...security agent Indigo Capital ..... Presentor Solicitors DLA LLP

Noble Street London

 

This also has some strange wording on it ...Time critical application....seems as if this company was incorporated to borrow money in a bloody hurry..just my view

 

sparlie

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Hi Sparkie,

 

 

Its been a while since I covered this stuff, not one of my strong points,and as you know I don't have a lot of time at the moment to spend on it, but what was their debenture secured on then?

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Hi Sparkie,

 

 

Its been a while since I covered this stuff, not one of my strong points,and as you know I don't have a lot of time at the moment to spend on it, but what was their debenture secured on then?

 

 

That the question .they had only been in business 23 days what could they have as security?

 

 

I know even less than anyone but you can't get a mortgage if you haven't got a house UNLESS ???????? left to peoples imagination......that's how the yanks did it getting millions on a waste bit of land that belonged to the city councils

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