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    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
    • no local courts can be very slow depending upon case loads.   as long as the org claimform had your correct and current address on it, it's just the above.
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The one lot I havent really posted about as yet.

Wrote to them in August requesting CCA and got nothing - put the account into dispute which they ignored. sent two further CCA request letters without reply (other than defaults and statements etc) Then I got FPC and Scotcall attacking me - both of whom I withstood and sent warning letters to.

 

Now I get a letter from Cap One saying that they did respond - which they didnt. Some text from the letter....

 

"You clearly have a valid and enforceable credit agreement with Capital ONe as evidenced by the documents we have already provided (:eek:) and any claim to the contrary will be strongly defended.

 

We do not consider the amount to be in dispute as we have fulfilled on what you have already requested. Therefore we will continue to pursue the outstanding balance.

 

The info we have recorded with the CFA's is an accurate reflection of how you have managed your account and we will not be asking the credit agencies to remove this info."

 

 

Thoughts?:)

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Forgot to say that along with this letter I got a letter which was never sent at the time (20th October) saying that enclosed was a scan of a signed agreement (not enclosed in this copy) I never received that!!! What should I do in reply?

 

Your advice as ever much appreciated

 

GIB

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Capital One are a law unto themselves. Send Capital One (not the DCA) a Subject Access Request to their Complaints Department at the address you have for them - that they cannot ignore.

 

Subject Access Request - Debt & DCA

 

Enclose a £10 postal order and they have 40 days to reply. In the meantime if a DCA is pursuing you you can tell them you will have no correspondence with them and you have made a SAR to Capital One.

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i would also write back and point out that you have not received the cca despite their assertions and include another s78 recorded delivery request

 

wait 29 days from the first one

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Hi all,

 

Have received a letter dated 20th October!! which states that they are enclosing a true copy (this by the way is a completely different letter to the "copy" they sent me in December) and quoting chapter and verse about how they've already supplied etc etc.

 

What they have sent me is a signed copy of a short application form dated June 01 - On this one page doc there is no mention of credit limit, interest rate or monthly payments. What there is a credit agreement which is un - signed and refers in non specific terms to all these things.

 

Are they still shooting in the wind as it were?

 

Cheers

 

GIB

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Hi,

I would keep those letters together for when you complain about their tactics.

Just goes to show they either don't know what they are doing or they are plain liars. I know which one I would choose.

 

It's also standard for them to send short application forms and I'll bet that is all they have. No terms = unenforceable but if you can post it up that will help (and give us a laugh at their incompetance)

 

fox


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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thank you Silver Fox - really appreciate your comments. I haven't yet sent SAR to anyone as they dont seem to be progressing beyond blowing hot air and frankly money is so tight that sending them to all of my lovely creditors would cost a fair bit! In your opinion have I done enough to date by sending CCA's x 3 - complaints about harrasment?

 

Thanks again

 

GIB

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keep the SAR until they have dn'd and terminated

 

otherwise you will have a premajure access requestlation

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Thank you Silver Fox - really appreciate your comments. I haven't yet sent SAR to anyone as they dont seem to be progressing beyond blowing hot air and frankly money is so tight that sending them to all of my lovely creditors would cost a fair bit! In your opinion have I done enough to date by sending CCA's x 3 - complaints about harrasment?

 

Thanks again

 

GIB

 

 

Based on what you have put before (no limit.APR etc.) I would put the ball firmly in their court.

Whilst informing them (AGAIN) that what they have sent is not a FULLY executed agreement despite their assertions to the opposite, if they think their case is strong enough, let them take you to court. Basically, put up or shut up.

Even if they did take you to court and you lost, the judge would make you pay what he/she thought was appropriate. (personally I don't think that will happen but you never know)

Your credit file is already shot to pieces and lots of future creditors see a CCJ as no worse than a default and you're not planning to get credit in the next 6 years are you!

 

I agree with diddydicky, wait a while before sending a SAR

 

No doubt this will be sold on when of course you can deal with that when it happens


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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