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I expect they use the post box address because they are wimpy and don't want aggrieved people like us turning up on their doorstep to ask in person if they have ever read the CCA 1974, or whether reading above Year 3 is beyond their capabilities.

 

Both addresses are in Dartford and if they choose to use a box number then obviously they are receiving the mail, but you could write to their offices too and alarm them: "I know where you live!" (Or work in this instance.) Maybe you should threaten them with a doorstep visit? :D

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I expect they use the post box address because they are wimpy and don't want aggrieved people like us turning up on their doorstep to ask in person if they have ever read the CCA 1974, or whether reading above Year 3 is beyond their capabilities.

 

Both addresses are in Dartford and if they choose to use a box number then obviously they are receiving the mail, but you could write to their offices too and alarm them: "I know where you live!" (Or work in this instance.) Maybe you should threaten them with a doorstep visit? :D

 

I love that DD:D I'm friends with a few karate and kickboxing black belts, I wonder if I should take them along for 'persuasion'?:eek:;)

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  • 2 weeks later...

Hi again,

 

Right, I sent the letters to Nelson Guest and Wescot on the 30th June, and copied the Nelson Guest one to every address I found on them (3 or 4 I think!).

 

This is what I sent to Wescot -

I am in receipt of your recent two letters, and a letter from Nelson Guest Solicitors sent on your behalf.

 

Please refer to my letter of the 19th April which you received on the 20th April but have not actually bothered to respond to. It very clearly sets out my position and also revokes any permission for you or any representatives you employ to visit my home.

 

You should by now have contacted the Bank of Scotland to find out exactly why you have absolutely no legal rights or merit to any court action you may bring. If you have not done this despite the clear instructions set out in my previous letter then I would suggest you take the time to do your job lawfully and actually check details of the files you are sent rather than sending spurious threats of legal action and doorstep callers, neither of which you are at liberty to enforce.

 

Lastly, I note that the layout, format and text of the letter I received (apparently) from the solicitors is strikingly similar to yours. The template codes used make use of the same letter sets, the letters are folded in exactly the same manner, the information regarding calls being monitored is in the same type and place, and last but not least, although their offices are based in Kent, the return address on the envelope is that of Wescots.

 

I will not be threatened by a company who has no legal right whatsoever to claim any monies from me, and who are breaking numerous OFT guidelines and CPUTR regulations with every letter they write.

 

Any further letters from you that do not simply inform me of your intention to close your files on me and return my information to the Bank of Scotland will be noted and filed but will not be responded to.

 

I trust this makes my position absolutely clear.

 

This, in short form, is what I got back from them -

 

'I refer to your letter addressed to Nelson Guest and Partners which has been passed for my response' WTF??!! Really? I ask direct questions to a solicitor and they pass it to a DCA.

 

'As I am sure you will appreciate, Wescot was acting in good faith in this matter based on information received from our client, who passed this debt to us for collection purposes' I think they've put the wrong para in here, as this suggests they are in the wrong, which reading further clearly is not the case. Yet.

 

They state they replied to my previous letter, but I've not had anything through the post so I think this is toot.

 

They go on to say their contract is with HBOS and as such they don't need permission from me to follow it up, plus the t's and c's of the contract state it'll be passed on if it enters default. This is all well and good but a) I didn't actually say that, I said they didn't have a legal right, and b) what contract - do they honestly not grasp there is not a contract?

 

They then state that they are not the creditor and so don't have to provide the information I have requested and should I want a copy of the agreement I should send £1 to BOS! I haven't once mentioned that I want a copy of the CCA from them. In fact, I've told them in a previous letter that I have several copies all of my very own:rolleyes:

 

Lastly it's all about it being a 'valid debt' etc etc (regardless of lack of an agreement evidently), but even so they are putting the account on hold for 30 days, after which time collection activity may start again.

 

I am going to be good here. I want to write back and tell them what idiots they are, but I realise it'd be a fruitless exercise as their letter clearly shows that they are unable/unwilling to provide a grown up response.

 

I submitted an email to the SRA about NG as I felt it was very wrong that they are allowing their name and legal standing to be used as a threatening tool when they are clearly not aware of the contents of letters or background information. They have said I need to send a copy of the letter with their letterhead and proof that the sols know about the use of their details, so I'm going to be phoning NG today to have a little (recorded) chat about their business practices...Lets see how we go!

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Fruit flies like a banana.

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I have had Wescot chase me on several account in dispute for BOS. One also incurred unwanted, and briefly lived attention, from Nelson Guest. Wescot closed two accounts and sent them back to BOS, following my advice of potential admin fees.

 

The latter does if fact seem to make them grow up and small the coffee better than most things do. Otherwise it's just months of silly templates though your letterbox in most cases.

 

The two accounts that incurred admin fees were the ones that were duly closed and I also note that N.G. had offered me a FINAL DISCOUNT on the one passed to them. I told them what they could do with their offer and the account was given back to Wescot shortly before they sent it packing back to BOS.

 

The odious tactics used by such firms will sadly work of course on thousands of unsuspecting consumers who fail to see through this subterfuge.

 

The biggest question has to be ..........

 

HOW LONG WILL IT BE BEFORE THE REGULATORY AUTHORITIES FINALLY TAKE ACTION AGAINST THIS TYPE OF ACTIVITY AND REMOVE A SHED FULL OF QUESTIONABLE CREDIT LICENSES?

 

 

 

:)

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Interesting questioner, thanks for your info:)

 

I've told them I won't be corresponding any more and I'm going to try really hard to stick to that statement - a very tricky proposition for me:D

 

I tried phoning NG today a couple of times. Funny, but their answerphone seems to think they have a 3 hour lunch hour... I'll give them another go tomorrow.

Time flies like an arrow...

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Interesting questioner, thanks for your info:)

 

I've told them I won't be corresponding any more and I'm going to try really hard to stick to that statement - a very tricky proposition for me:D

 

I tried phoning NG today a couple of times. Funny, but their answerphone seems to think they have a 3 hour lunch hour... I'll give them another go tomorrow.

 

 

That sounds very suspicious, Lexis.. Look forward to any updates.

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Very interesting...

 

Phoned again today and got reception, explained the issue and was told I'd be put through to the legal dept, only to be put through to Wescot's legal dept. So, I promptly hung up, redialled and explained that no, that's not what I wanted and could I speak to someone there. Was told a manager would phone back.

 

Phone call a few mins later from a lady apparently from NG rather than W (still a little nagging doubt that it was still a W employee though...). Anyway, I explained to her in short form what was going on, and that I was very concerned they did not do background checks when sending legal threats out. Same answer that everyone seems to give, ie 'we are told xy and z and we have no reason to doubt it'. It seems to be a cover-all excuse that one.

 

Also found out that the letters are processed by them, but that they do use W envelopes so that responses are sent to them not NG - she was at great pains to make sure I knew there was nothing fishy in that respect.

 

We actually had a bit of a chat about various practices of banks/dca's, and she said what we all know that it's phenomenally hard to make the banks listen, and until they do they will send out our accounts to dca's and hope that one of them will work.

 

End result is that she will contact W and tell them that they recommend it's passed back to BOS and that BOS are advised by W of the reasons for it's return.

 

Here's hoping eh?

 

Oh, one last thing - W are apparently the only DCA they deal with, so my suggestion to anyone in the same situation would be to ring NG and complain if you have a legitimate reason to. Maybe they'll decide it's more trouble than it's worth!

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Interesting, lexis.. you did record the call didnt you :D

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I love that DD:D I'm friends with a few karate and kickboxing black belts, I wonder if I should take them along for 'persuasion'?:eek:;)

 

I would pay to see a cat with a grapefruit on its head practicing their Karate on unwelcome visitors :rolleyes::D

 

Might have;)

 

8-)

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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but how much would it cost to see a cat with a grapefruit on its head AND a cat doing neck excersises with Headphones on listening to Terry Wogan...... the thought is terrifying....... ;-P I don't even think the Banks could afford that one...

Keefy (:-)The "Moaner":rolleyes:)Boy

Prepared to take on anyone until I win...................

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  • 3 weeks later...

Well we'll have to give it a go and see keefyboy:)

 

Right, this is nothing to do with this account, but still with Halifax.

 

Long story short, this is about the third account OH had with HBOS, but one that the agreement looked ok-ish for. He is currently on a payment plan with them via BlairOS and has been for some years.

 

The PPI on this account, including interest and going back to '01 totals about 7.5k. The charges, also going back to about this time total about 2.5k. The balance on the account totals about 7k. I recently sent them a full and final offering that I would not chase the charges and ppi if they zeroed and closed the account. They declined the ppi part, but today OH has received a letter saying they are delighted to offer a payment of £435 which reflects the difference between the original amount charged and the OFT's £12. They have also applied net interest at an annual gross rate of 8% - I based my calculations on contractual compound interest. They also state what I think is the usual stuff of 'you agreed to the original terms, we feel it's reasonable to add these charges as your actions have meant additional work for us, sorry to say we're declining your complaint, the refund is without admission of liability to resolve the matter'.

 

The letter did not at any point request a payment of this money, but according to the letter they've already added it to the account to decrease the balance. I've put a copy of what I wrote at the end of this post in case it's relevant, but also so you can see what the reason for ppi claim was for.

 

I really hope someone can help me with this as I have no idea how to deal with PPI and charges, and my questions at the moment are this:

 

1) Where do I go now with the charges? As they so easily gave them up despite me not actually sending in a formal request for them to be refunded (the only thing I've sent regarding this is the letter below), I'm inclined to think I could go for the whole lot - does that sound about right?

 

2) The charges/ppi go back further than 6 years - am I right that it's ok to try and claim further than that? I remember reading something about the Statute of Limitations helping with this, but I'm very fuzzy on it.

 

3) I know it's not the way to go on CAG really, and you all know I wouldn't ask unless I felt I needed it, but has anyone used/can anyone recommend a PPI company I could use for that portion of it? I know I should be able to do it myself, but I have so much other stuff going on that I really don't think I can go on another fight. If I can get a company to take care of it, even if they take a portion of any 'winnings', it would be worth it to me so that I don't have another hassle.

 

Thanks for any help, I really appreciate it!

 

Lexis x

 

I have for some time been on a payment plan with your company, managed by Blair Oliver Scott, after my financial situation changed drastically for the worse.

 

Recently, after fully checking through the Subject Access Request you sent some time ago, I have noticed substantial charges and mis-sold PPI payments.

 

When I initially opened the account I requested PPI, but I clearly stated that I was a Director of a limited company. My application form showed my job title as ‘Director’. However, I was not told at the time that as a Director I would not be able to make a claim on the PPI in the event of unemployment unless the company ceased trading. Had this been explained to me I would not have taken the policy out.

 

I in fact only found this out on attempting to make a claim in 2006, when my company had not had business for some months and my income had dropped to nothing. After attempting to bring in business to no avail, I decided to use the policy I had paid for over the course of the previous 5 years, but was told I could not due to my status as director unless I ceased trading completely. At this point I cancelled the plan as it was not now, and apparently had never been of use to me. At no point prior to this was this clause mentioned, despite your full knowledge of my status as a director of a limited company.

 

Insurers are under an obligation to ensure that the policy they are selling is appropriate to that customer and clearly, as my employment situation meant I was unable to claim on the policy without specific caveats being in place, you have not fulfilled this requirement as this significant term (which would most definitely have influenced my decision regarding taking out the PPI) was not bought to my attention.

 

As I was never made aware by your company of whether or not the PPI was suitable with regards to my working status at the time I applied for the insurance, I have a very good basis for a claim of mis-sold PPI.

 

I have also checked through my statements to find many unlawful charges placed on the account, which I am completely within my rights to reclaim.

 

The total cost of the mis-sold PPI payments is £x. The interest accrued on this, as of today, amounts to £x giving a total, including interest to date, of £x.

 

The total cost of the unlawful charges is £x. The interest accrued on this, as of today, amounts to £x giving a total, including interest to date, of £x.

 

Together both the mis-sold PPI premiums and the unlawful charges amount to £x. At present the balance on this account stands at £x, a difference of £2838.55 in my favour.

 

I am more than happy to make formal claims for both the above amounts and net approximately £x with the increases in interest that will accrue in the time it takes to settle with me. I am however aware that this will take some time to complete, and if it can be avoided I would rather not involve myself with reams of paperwork. As such, I would like to suggest that I do not make formal claims for the full amount, but that we come to an agreement.

 

I am suggesting that in return for me not claiming the full amount from you, you write off the balance and clear my credit file of any references whatsoever from your company. This will save you money and time, and me the time that I would rather spend with my family. If you decline my offer however please be aware I will start formal claims for both the amounts immediately; although I would rather not have to use my time in this way if it is forced upon me I will claim everything from you.

 

If you choose to accept what I feel is a very sensible offer for both of us, the requirements below must be met.

 

(1.) The balance must be reduced to zero.

 

(2.) All references to the Account on all Credit Reference Agencies must be removed within 14 calendar days from the balance being reduced to zero. As the account would be closed and the agreement ended any rights to process data would no longer apply and I am within my rights to require removal of closed accounts from my file as the information on it is not required by law to be left there.

 

(3.) The Account must be closed for good, and neither you nor any other agency will at any point attempt to recover any further money from me, nor contact me in relation to this Account.

 

(4.) Your acceptance of my offer must be made in writing, and signed in ink by a named Director or Officer of the bank.

 

Please respond within 14 calendar days from the delivery date of this Recorded delivery letter

 

I look forward to your reasoned response.

Time flies like an arrow...

Fruit flies like a banana.

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  • 2 years later...

URGENT!!

 

OH has just received a Claim Form from the BOS regarding this account.

 

We found out recently that about 6 months of payments (on a payment plan) were missed. This was due to the standing order having an end date, which OH was unaware of. Unfortunately we 'forgot' to give BOS a new address when we moved and the redirect finished last year, so we only got a reminder letter after it had already been missed for months after updating details for another BOS account. This letter (sent beginning of Dec if memory serves) was saying court action would be started immediately if the full amount wasn't paid, and was from Blair Oliver Scott but using Halifax headed paper, which straight away made me think it was just a threat as they've done this before and never gone anywhere with it.

 

As we've had several of these court letters before which have never amounted to anything, we decided on that basis that it was another bluff and OH just paid the overdue amount.

 

He then received another letter two weeks ago thanking him for the payment but stating that they required the full amount or they would start court proceedings. Again, as we've had this before, and as the previous letter stated that court action would be started if full payment wasn't received, we figured it was another bluster as why would they send another warning when they've already stated they'd be starting court action, which by rights should have happened a good month ago.

 

I did have a letter to send back to them ready to go, but unfortunately my father has been very ill and then my uncle died, and the letter has sat on my laptop rather than being posted. Consequently, we now have a claim form.

 

I realise the whole 'we had stuff on' is not going to cut any mustard in a court, that's just there fyi to explain why I didn't get on it immediately.

 

First off, is there any point in my husband phoning them to try and work this out? The payment plan payments were re-started as soon as he realised what had happened, and as I said the missed payments were also paid. Could this be stopped with a phone call, or has it gone too far?

 

This account has a proper CCA and default, however there are a couple of thousand pounds of charges and approx £10k of PPI on the balance of 6k or so.

 

There are problems with this too though. I put in a claim for the full amount of charges about 18 months ago, and immediately my husband recieved £400 odd into his account as payment. This was not enough and he didn't formally accept it, but also didn't tell them it was only accepted as part payment. The PPI has been started, and the letter sent to Halifax. They have refused it, again this was about 18 months ago. As I am/was very unsure of how to deal with PPI/Charges, I have not sent it on to the FOS. Have I missed the boat on that?

 

He is willing to carry on paying them as it's kosher, and I see on the form it says 'if you agree with the claim and are asking for time to pay'. Would this be the same as a payment plan to them, and would we still be able to tell them what he can afford (we are not in a situation to up the amount, and really should reduce it as money is very tight!)? Also, if we did this, would it completely veto any chance of him going further with the charges/PPI (assuming he's not lost the opportunity already)?

 

Sorry for all the questions - We've had numerous court threats before but never an actual claim, so I'd really appreciate any guidance.

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OH has just received a Claim Form from the HBOS regarding this account.

 

We found out recently that about 6 months of payments (on a payment plan) were missed. This was due to the standing order having an end date, which OH was unaware of. Unfortunately we 'forgot' to give BOS a new address when we moved and the redirect finished last year, so we only got a reminder letter after it had already been missed for months after updating details for another BOS account. This letter (sent beginning of Dec if memory serves) was saying court action would be started immediately if the full amount wasn't paid, and was from Blair Oliver Scott but using halifax headed paper, which straight away made me think it was just a threat as they've done this before and never gone anywhere with it.

 

As we've had several of these court letters before which have never amounted to anything, we decided on that basis that it was another bluff and OH just paid the overdue amount.

 

He then received another letter two weeks ago thanking him for the payment but stating that they required the full amount or they would start court proceedings. Again, as we've had this before, and as the previous letter stated that court action would be started if full payment wasn't received, we figured it was another bluster as why would they send another warning when they've already stated they'd be starting court action, which by rights should have happened a good month ago.

 

I did have a letter to send back to them ready to go, but unfortunately my father has been very ill and then my uncle died, and the letter has sat on my laptop rather than being posted. Consequently, we now have a claim form.

 

I realise the whole 'we had stuff on' is not going to cut any mustard in a court, that's just there fyi to explain why I didn't get on it immediately.

 

First off, is there any point in my husband phoning them to try and work this out? The payment plan payments were re-started as soon as he realised what had happened, and as I said the missed payments were also paid. Could this be stopped with a phone call, or has it gone too far?

 

This account has a proper CCA and default, however there are a couple of thousand pounds of charges and approx £10k of PPI on the balance of 6k or so.

 

There are problems with this too though. I put in a claim for the full amount of charges about 18 months ago, and immediately my husband recieved £400 odd into his account as payment. This was not enough and he didn't formally accept it, but also didn't tell them it was only accepted as part payment. The PPI has been started, and the letter sent to Halifax. They have refused it, again this was about 18 months ago. As I am/was very unsure of how to deal with PPI/Charges, I have not sent it on to the fos. Have I missed the boat on that?

 

He is willing to carry on paying them as it's kosher, and I see on the form it says 'if you agree with the claim and are asking for time to pay'. Would this be the same as a payment plan to them, and would we still be able to tell them what he can afford (we are not in a situation to up the amount, and really should reduce it as money is very tight!)? Also, if we did this, would it completely veto any chance of him going further with the charges/PPI (assuming he's not lost the opportunity already)?

 

Sorry for all the questions - We've had numerous court threats before but never an actual claim, so I'd really appreciate any guidance.

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to halt/stay the claim now would prob involve an agreed consent order re payment arrangement? an option?

i think agree and asking for time means admittance of the claim with claimant prob requesting a ccj but with your request for an instalment order for them to agree on on receipt of offer and if not for the court to decide.

usual deadline for fos complaints after a creditors 'final response' is 6 months. but they can consider after, depending on individual circumstances. otherwise, could poss dispute amount re ppi/charges and let the j decide?

what are their particulars of claim?

see what others say.

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Thanks Ford, I appreciate your comments.

 

Do you think there is a way out of this that does not involve my OH ending up with a CCJ? That could be very detrimental to his job...

 

I've had a quick Google as I didn't know what an agreed consent order was, but I still don't know if that can be done without the need for court?

 

Very frustrated with myself at the moment. The one time I ignore a threat from a scummy DCA and it bites us on the backside. Especially annoyed as they've threatened this so many times but every other time I've written and it's been left alone for a while by them, which kind of lulls you into thinking they're all threats made purely with the intention of getting money easily as opposed to actually taking you to court.

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Hi again

 

Sorry, I'm bumping to see if anyone has any further input with this? I'm very concerned about it and would really appreciate some help.

 

We're just getting to the point where several defaults will be dropping off in 6 months, we're starting to see light at the end of a 12 year tunnel, and everything apart from this one account are at least ticking along. I'll be devastated if my OH ends up with a CCJ all because I didn't get a letter posted.

 

Please, any suggestions on how we might avoid that would be very gratefully received.

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if a negotiated consent/tomlin order is agreed eg re a payment arrangement in settlement then that would halt/suspend the claim. if arrangement adhered to, and amount then satisfied, claim w/b withdrawn/discontinued. if arrangement not stuck to, claim continues, or maybe even option to apply for judgment, depends on terms

but, you mention alot of ppi there. could be still worth pursuing?, effectively would cancel the capital amount from what you say? even though banks often reject ppi complaints, the FoS has found for the consumer in the majority of ppi cases that are then referred to them.

is defending poss an option?

what is your acknowledgment of service deadline. stick to all court deadlines.

hopefully, others input will be forthcoming :)

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Thanks so much for getting back Ford.

 

The claim was dated 1st Feb, arrived yesterday so by my reckoning the deadline is the 20th. Service has not yet been acknowledged online as I just don't know whether to do the 'acknowledge debt but need time to pay' or 'disagree with the claim' due to charges etc - I don't even know if that would be a reason to disagree tbh.

 

Regarding the PPI, yes, it would cancel out the claim and then some. At my last estimate we'd end up about £4k in the black - £6k if charges were upheld too. Of course though I may have screwed that up by leaving it too long, plus I've seen it can take a year to get an answer from the FOS so I don't think I could rely on them helping me in time:)

 

My husband is more than happy to try and negotiate a payment as we already have one in place. I do wonder whether it's just a case of the left hand not know what the right is doing, and that they are unaware that the payments were re-set as soon as he realised they'd stopped. The back payment was made in mid-December, with the next payment set up for the 15th Jan (which is when payments were originally before the SO was ended). Their letter was dated 18th Jan, so maybe they simply did not check.

 

If we tried to negotiate, could I still escalate the PPI to the FOS do you think, or are we simply admitting the whole lot if we go down the negotiation route? If it's a choice of one or the other I'd rather try and negotiate in order to stave off the possibility of a CCJ and lose the option of going for the PPI.

 

My husband was intending to phone Halifax this lunchtime (recording the call of course) to try and talk to someone to guage whether it's worth offering payments. I'm heading into the loft when he gets back (I can't get in there!) to get all the paperwork, as although I've said the default is ok, I can't find any info on it which is odd, so I want to double check.

 

Oh, one last point is that the claim is for more than £5k, so no small claims. I have no idea if that makes a difference to what route we should take..

 

Thanks again.

Time flies like an arrow...

Fruit flies like a banana.

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To simplify this Lexis you must deal with the summons whichever way is best for you.With regards to the 10K PPI I would pursue that as a separate action IE your own claim.

 

Regards

 

Andy

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Hi Ford

 

Slightly panicking!

 

I'm having a little to and fro with sols at the moment as this (if it goes down the court route) will be over the small claims threshold. I've got till the 20th before OH has to acknowledge, but at the moment I still don't know which way to go.

 

I have been going through the old paperwork though which has ended up really irritating me. They did this whole shebang a while ago, right up to the point of sending a NIP if full payment wasn't received; OH just carried on with the agreed payment plan payments and they went no further. Where's the consistency??

 

Also, I'm wondering if accepting and asking to pay in instalments is even an option given that when OH realised what had happened to the SO he set it up again and they are (and were before the final warning letter) being paid again.

 

This is just too far out of my knowledge base, and I feel like we were just getting to the end of the tunnel when we're now being dragged back down.

 

Anyway, got a funeral to go to today so it could be worse I suppose.

 

Thanks again for your suggestions, I'll research what you've said when I get back later (no idea what a time order is, but it sounds interesting!)

Time flies like an arrow...

Fruit flies like a banana.

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