Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Thanks for this update. Obviously I'm very pleased that your guitar has been delivered and that you don't have to take any further action about this. On the other hand, I'm slightly disappointed because I was hoping that this might be an opportunity to deliver a serious slap against Hermes. Anyway, who knows why it happened like this – but the most important thing is that the item has been delivered and you're not out of pocket – and also probably you have learned a good lesson – don't use Hermes – or Packlink. It's a recipe for trouble.  
    • The assets are allegedly linked to more than $4.5bn stolen from the Malaysian state investment fund. View the full article
    • I have debts of my own and will sort another advice separate for them as now I’m not working and a full time carer for wife & daughter I’m struggling to pay them so will want advice on letters to send them for reduced payments etc But for now I need to know what to do about PayPal as its really making me worry and is making me ill but ive got to try be strong and put on brave face for wife & daughter I dont want them picking up on something is wrong & worrying me
    • Help & Advice wanted on PayPal debt please I had someone staying with me for a while before they moved away and they had access to my PayPal account and was buying a few things and giving me the money no problem but then unknown to me until it was to late they had a gambling problem also and last off used my PayPal to fund online gambling . They ended up using £5,000 through PayPal and the first I knew was when I went to do some online banking and seen £1200 went out of my bank for PayPal so I looked straightaway and stopped / cancelled my bank letting PayPal take from my account . Then I logged on to PayPal and seen transactions 1 after another this going to total the £5,000 so I unlinked my bank & cards from PayPal account . Then nearly 2 weeks after I started getting emails and messages saying my account was in negative balance for £3,800 because they already had the £1200 . I’m in a bit of debt anyway and struggling so for this to happen left me feeling very ill to find they have spent thousands and left me without anything no money to live on or feed family even at the time as that £1200 that was took out of my account was all I had, I’m very annoyed and feeling very mad and very ill. Ive no idea how I can put this right as got no work no money because My wife got struck down with illness and disabled and I also have special needs daughter so I’m now a full time carer for both wife and daughter . I need to sort this but dont know how or best way to go about it. Ive had emails from PayPal and ive replied and explained plus went on live chat etc and asked for it to be logged and for them to please come to some payment agreement even though I cant afford it I know I got to put things right somehow but had no joy in chat and was just told pay into PayPal what I owe. So again I get emails and I reply but not getting any reply back to my emails . Ive not told my ill disabled wife about this right now as it would push her over the top and make her more ill thinking about it and its her Nephew to top things off so I know it would destroy her . Ive tried talking to someone with PayPal in live chat etc and emails as said asked if it can be logged showing ive been in touch regarding this matter and need to try sort it and also asked for them to contact me in writing so hopefully we can come to some sort of agreement to put this right but so far its been about 31 days now since account been in negative and ive had no phone calls or letters from them yet So what can I do and whats best way to deal with this I’m trying to pursue the person for these funds as we speak but know I’m not going to get anywhere
    • The US House Speaker said the law was a "brutal, sweeping crackdown" against Hong Kong's people. View the full article
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 6 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
maddiemay

Judgement received today for nearly £30.000, dont recall any claim form

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3990 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

As above a judgement was received today by my husband for a business loan, I know there is no point now in asking for a CCA,my concern is as the judgement is for so much and a business debt, it has to be paid forthwith.

I have not seen any claim form for this, so did not have the chance to do what I have been doing with all his other creditors and offering a small amount on the claim form, most of which have been accepted except for one who refused £50pm so the judge set it at £2pm, hopefully that'll teach them. I try to learn as much as I can from CAG so I dont need to bother everyone, but believe me every day brings a new threat of some sort. Would I be correct in thinking we/I can pay to have the order varied,as long as it is done within 14 days ? we may qualify for reduced fee's as I have been signed off by DWP, and I will look into that shortly. Husband kind of leaves it to me to sort out, which is causing a massive strain on me and huge resentment as I played no part in the running of his business but am left with the permenant risk of losing my home due to the many charging orders already on it, placed by his creditors. I suffer from depression, anxiety already and all this is not doing me any good at all, seriously thinking of just leaving him to it and taking our son.

Thanks for any advice

Share this post


Link to post
Share on other sites

Can' t help as not experience enough but sending lots of supportive thoughts...


I'm a L-Plate cagger - new at all this but determined to learn as much as I can, to help as many others as I can, and to fight back as often as I can!:-x

Any help or advice from me is offered in good faith, based on my knowledge and experience gained either from here or from my own cases. I am NOT a legal expert. There are several other CAG members and the site team who are much better qualified than me. Please do not make any decisions based on my advice alone.

Donate as much as you can to this site as often as you can! We need to keep on helping each other.

 

Share this post


Link to post
Share on other sites

Just a thought, was the business a limited company?

Share this post


Link to post
Share on other sites

No, sole trader, Lloyds business manager falling over himself to give overdrafts and loans when business was doing well, usual story ...

Husband has several fairly recent judgements, some to be paid forthwith, some monthly payments set too high, to request the judgements to be varied would result in a lot of court fee's, any suggestions of how to get around this, we will pay them, particularly as some have been charged to our home,but if they could all be set at a small monthly amount, we may just be able to get ourselves out of this mess eventually. At the moment husband is not paying any of them, as far as I know:rolleyes: burying his head springs to mind

I have looked into help with the court fee's but its me that is ill and receives DLA etc, but the debts are his. We do get tax credits, but Im sure we didn't qualify for help with the fee's, when I had a look.

Any help would be great.

Thanks

Share this post


Link to post
Share on other sites

With £30,000 on this CCJ and others, all from buisness, have you taken any legal advice about other options available such as an IVA or personal bankruptcy?


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

Share this post


Link to post
Share on other sites

Initially at least you treat it as any other debt - although as a business debt it may be outside the CCA anyway

 

You need to contact the court and get a copy of the claim form - presumably you now know the creditor is - does your OH think that he owes them the money.

 

You may need to think about applying to set the judgment aside. At this stage tho' the first stage is does your OH owe it?

 

Have you got any assets - is, as Docman suggests, an IVA or Bankruptcy an option


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

Share this post


Link to post
Share on other sites
Initially at least you treat it as any other debt - although as a business debt it may be outside the CCA anyway

 

You need to contact the court and get a copy of the claim form - presumably you now know the creditor is - does your OH think that he owes them the money.

 

You may need to think about applying to set the judgment aside. At this stage tho' the first stage is does your OH owe it?

 

Have you got any assets - is, as Docman suggests, an IVA or Bankruptcy an option

 

is it also outside cca by value??

Share this post


Link to post
Share on other sites
is it also outside cca by value??

 

The 25k limit was not lifted for business debts - that's why I say it may be outside the CCA. We'd need to see the claim form.

 

See S16B CCA


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

Share this post


Link to post
Share on other sites

Thanks IGNM, that's why I was asking whether the OP had considered bankruptcy. It's not a course I would normally suggest but it might be an option.

 

Whilst bankruptcy does involve the sale of all assets, usually the only one of concern if the business has ended is the family home. If only one spouse is declared bankrupt, but the house is in joint names, the Trustee in Bankruptcy may be inclined to 'sell' the bankrupt's share to the other spouse. The result is that the family remain in their home, the trustee gets his fees (there's a surprise!) and the banks usually loose out. It's not straight forward and depends on a number of factors. Ufortunaely, it's difficult to suggest a way forward on the present information.


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

Share this post


Link to post
Share on other sites

well as a tactic how what effect would filing for divorce and claiming the family home have on the ability of the bank to get its mits on the house if their are children involved?

Share this post


Link to post
Share on other sites

Hello Maddiemay!

 

As above a judgement was received today by my husband for a business loan, I know there is no point now in asking for a CCA,my concern is as the judgement is for so much and a business debt, it has to be paid forthwith.
Can you please advise a little more about the circumstances of the £30k Business Loan?

 

For example, was it something effectively forced onto your husband, such as the bank wanting to turn an Overdraft into a Loan?

 

The figure of £30k is also suspicious, because that's a figure that crops up again and again, especially with Sole Traders and Small Partnerships!

 

Many banks pushed for that sum, because they knew full well it was above the original £25k threshold for Regulation by The Consumer Credit Act 1974.

 

Another little reason is because banks can Securitise Loans very easily, so they started pushing Loans so they could convert Overdrafts into a nice big pile of number-money via their SPV and the Bond Holders their SPV sold off the Loan to in smaller chunks. They prefer such Loans not to be Regulated when playing the Securitisation game to fuel the banks own Money Market gambling habits (the thing that landed us all in this mess, and why they needed £500+ billion to bail them out once they got their chubby fingers burnt).

 

Was the Loan taken out in around 2003-2005? Only a guess, but that was around the time when the banks were busy shafting smaller businesses at an alarming rate. Some banks saw increases in this activity of between 400-450% per annum.

 

The point about The Consumer Credit Act 1974, and £30k Loans and your Husband, is all down to the awkward fact (for the banks) that Sole Traders and Small Partnerships are classed as Consumers by the Act, so if the Loan was £25k or below, it would have to have been Regulated! Whereas above £30k, they could escape Regulation (that has now changed).

 

OK, this may get interesting, depending on how the £30k was received by your Husband. If, for example, the Loan was forced on him to convert an Overdraft into a Loan, then check how the numbers worked out.

 

For example, if he had a £25k Overdraft on the limit, and was desperate for an extra £5k they refused to give him by way of an Overdraft extension, but instead offered him a £30k Loan on condition that his Overdraft was cut at the same time from £25k to Zero...then it may be possible to argue that the £30k Loan was a Multiple Agreement, as outlined in s18 of the Act.

 

Say, £25k OD on the limit, they inject £30k on condition the OD is wiped at the same time, then that means £25k Restricted Use Credit, used to wipe the Overdraft, and £5k your Husband got left to play with as a +£5k Balance in the Account...that being £5k Unrestricted Use Credit.

 

If so, then what he actually got was a Multiple Agreement, two Loans, not one, and at least one should've been Regulated. Both in this example, a £5k Loan and a £25k Loan, both below the Threshold for Regulation...

 

...except the bank has no Regulated Agreement to show for it!

 

OK, this may not help, but do check the background, because any Loans over £25k sold to Sole Traders and Small Partnerships were probably over £25k for a very good reason.

 

Cheers,

BRW

Share this post


Link to post
Share on other sites

BRW

 

Are you suggesting the poor old banks actually tried to arrange matters so that they could get around the problem of the law contained in the Consumr Credit Act and thereby increase their profits and enlarge their bonuses at the expense of long suffering customers, drving said customers into bankruptcy? Surely British banks wouldn't do that, would they?Tut,tut!!


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

Share this post


Link to post
Share on other sites

Hello brw,

 

What happened to your nastybank defence there was no update???

 

sorry to intrude on this thread just really curious

 

thanks

Share this post


Link to post
Share on other sites

Do you know or trust anyone that you could use to put a charging order on your house to protect the equity?


Live Life-Debt Free

Share this post


Link to post
Share on other sites
Guest wino
Do you know or trust anyone that you could use to put a charging order on your house to protect the equity?

 

Maddiemay states in her first post that there are already 'many' charging orders on the house.

Share this post


Link to post
Share on other sites

Ok, Thanks everyone, here goes

There is little or no equity in the house and interest only mort.

Charges on the property are for the following amounts..£4,500,£1,000,£3,000.. soon to be £45,000 (VAT/TAX)

It is in joint names.

Debts are in hubby's name only as was the business acc.

Business loan, paid off 2 previous loans, one for £3,000 and one for £5,000 and an overdraft of £10,000 which was £2,000 over so £12,00 in fact, the rest I suppose must have been interest, I think there was about £1,000 left in the account from the loan.

1 child aged 14 and me signed off with anxiety, depression and an unrelated phobia, currently receiving DLA and undergoing CBT.

I filed for divorce about 6 weeks ago for unreasonable behavoiur (debts etc), its probably too late now as the judgement has already been entered and most likely shortly to be followed by an application for a C/O, surely the more C/O's the least likely an order for sale would be made as no-one would get anything or is that wishful thinking ? Anything we had has been sold over the last year to survive, so no assets to speak of. I really do appreciate your advice and am constantly learning.

Thanks again.

PS I'm moving to the other post now re: my slipped through the net CL Finance defence and what to do next.

Share this post


Link to post
Share on other sites

Hi maddiemay

 

If the charges are all for your husbands debts then you need to take advice on bankruptcy. However, to determine if there is equty or not you have to consider the forced sale value of the property in the current market and deduct the value of your mortgage only and any secured loans excluding the charges.

 

If there is definately no equity in the property then the OR would not be interested in trying to sell it because there is no benefit to the creditors.

 

I am not aware of the CL problem but if it is your husbamds then it would also be resolved.

 

I have posted on other threads about bankruptcy and I always say that I consider it is a last resort. However, the information you have provided suggests otherwise in your ciircumstances and you will find a lot of advice on the subject. But think carefully if you have any other options first because as soon as you comunicate with people who have done it they will tell you how great it is and without doubt it is easy in the current climate because there are so many going down that route it is all fast tracked.

 

I do not think that divorce will change anything based on what I have read, it really is not your debt and they cannot touch your assets.

 

I hope this helps you, I am sure that you can resolve this if you keep up your current attitude.

 

Pedross

Share this post


Link to post
Share on other sites

MM,

 

As Pedross says, you should seriously take advice about your husband considering bankruptcy. I disagree about the sale of the house though.

 

The Official Receiver or trustee in Bankruptcy has a legal obligation to sell the bankrupt's property. In times like now, the trustee just hangs onto the property until the market picks up, perhaps several years from now. This means that in 5 or 6 years, just when you think you are OK, the trustee pops up again and sells the house from under you.

 

A far better option if your OH ends up in bankruptcy is for you to buy your OH's share of the net equity from the trustee now, not in several years time. You will need to convince the mortgage company to continue the mortgage but frankly the last thing they want at the moment is a forced sale.

 

Have a good talk with your OH and seek professional advice about the option of bankruptcy.


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

Share this post


Link to post
Share on other sites
MM,

 

As Pedross says, you should seriously take advice about your husband considering bankruptcy. I disagree about the sale of the house though.

 

The Official Receiver or trustee in Bankruptcy has a legal obligation to sell the bankrupt's property. In times like now, the trustee just hangs onto the property until the market picks up, perhaps several years from now. This means that in 5 or 6 years, just when you think you are OK, the trustee pops up again and sells the house from under you.

 

A far better option if your OH ends up in bankruptcy is for you to buy your OH's share of the net equity from the trustee now, not in several years time. You will need to convince the mortgage company to continue the mortgage but frankly the last thing they want at the moment is a forced sale.

 

Have a good talk with your OH and seek professional advice about the option of bankruptcy.

 

good advice, i have read extensively on some subjects and am sure i have read that in cases where there is negative equity and children or old people in the home that the judge has ruled that the family can stay in the home whilst it remains in negative equity - in which case would buy you time

Share this post


Link to post
Share on other sites
Ok, Thanks everyone, here goes

There is little or no equity in the house and interest only mort.

Charges on the property are for the following amounts..£4,500,£1,000,£3,000.. soon to be £45,000 (VAT/TAX)

It is in joint names.

Debts are in hubby's name only as was the business acc.

Business loan, paid off 2 previous loans, one for £3,000 and one for £5,000 and an overdraft of £10,000 which was £2,000 over so £12,00 in fact, the rest I suppose must have been interest, I think there was about £1,000 left in the account from the loan.

1 child aged 14 and me signed off with anxiety, depression and an unrelated phobia, currently receiving DLA and undergoing CBT.

I filed for divorce about 6 weeks ago for unreasonable behavoiur (debts etc), its probably too late now as the judgement has already been entered and most likely shortly to be followed by an application for a C/O, surely the more C/O's the least likely an order for sale would be made as no-one would get anything or is that wishful thinking ? Anything we had has been sold over the last year to survive, so no assets to speak of. I really do appreciate your advice and am constantly learning.

Thanks again.

PS I'm moving to the other post now re: my slipped through the net CL Finance defence and what to do next.

 

 

See Banker_rhymes _with earlier post on this.

 

If as you say, after the loan had paid off various loans and overdrafts, there was about £1000 left in the account, (which was available to use however hubby wished), then this would have made the loan a "multiple" agreement.

 

As such, this means that the agreement may very well have been improperly laid out on the paperwork, so that it would not have complied with the CCA74, and so much so that it would have been entirely unenforceable.

 

Basically, if it is the case; Then they could not have enforced the agreement, they should not have applied to have it enforced, and also a judge should not have agreed to it.

 

I don't however know what the situation would now be, as a judgment has been issued.

I guess that perhaps you may be able to get the judgement reversed, and if so, this would then mean that the loan is unenforceable.... in it's entirety, ....and no further payments due !!

 

Have a look here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

 

 

regards

 

PM


---------------------------

ARE YOU A BUSINESS CLAIMANT?

 

CAG NOW HAVE A BUSINESS CLAIMS FORUM !

GO HERE !

 

CAN'T FIND WHAT YOUR LOOKING FOR?

 

Look here.

Got your old T&C's ?

Visit this thread to help others.

 

-----------------------------

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Share this post


Link to post
Share on other sites

---------------------------

ARE YOU A BUSINESS CLAIMANT?

 

CAG NOW HAVE A BUSINESS CLAIMS FORUM !

GO HERE !

 

CAN'T FIND WHAT YOUR LOOKING FOR?

 

Look here.

Got your old T&C's ?

Visit this thread to help others.

 

-----------------------------

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Share this post


Link to post
Share on other sites
MM,

 

The Official Receiver or trustee in Bankruptcy has a legal obligation to sell the bankrupt's property. In times like now, the trustee just hangs onto the property until the market picks up, perhaps several years from now. This means that in 5 or 6 years, just when you think you are OK, the trustee pops up again and sells the house from under you.

 

Have a good talk with your OH and seek professional advice about the option of bankruptcy.

 

A good point and needs loking into but I do believe that the OR actually has a legal obligation to realise the bankrupts assets. You need to determine if the OR considers a property with no equity a reasonable asset of your husband. I suspect not.

Share this post


Link to post
Share on other sites

Actually, the time for a spouse to buy is when the home is in negative equity. The trustee has to secure the best price. So if the value of the asset is a negative one, any positive offer is better for the bankrupt's estate. If the trustee rejects a positive offer, he has to put up a case for not selling immediately but hanging on for several more years until the market picks up.


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

Share this post


Link to post
Share on other sites

Obtain 3 valuations 8 if they show that there is £1000 or less equity left in the house as your share then you should transfer your interest before you go bankrupt for payment of £1. The OR would only be concerned with transaction if it was at undervalue - the valuations would address their concern in this.


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...