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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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skywalker1010

Barclays Claimform on A personal guarantee business overdraft ***SET A SIDE***

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Hi Sky

 

The 8% interest is sec69 interest not PJi.If both parties are businesses and the debt relates to a commercial transaction, then it may be more appropriate to use the provisions of the Late Payment of Commercial Debts Act. This allows for a higher rate of interest and for additional debt collection charges. Do not use this, if either you or the claimant is a private individual.

 

To claim section 69 interest you first have to work out the total amount of your claim - excluding interest and court fees. You are entitled to claim interest at 8% per annum on this amount. Work out the 'daily rate' by multiplying 'the amount of your claim' x 0.00022. You also need to count up the number of days from when the money became due up to the date on which you issue the claim. Multiply the daily rate by the number of days to work out the 'interest so far'. Then drop each of these numbers into the following paragraph:

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became due] to [date of issue of claim] of £[interest so far] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [daily rate].

 

This paragraph should then be included in your particulars of claim, probably as the last paragraph.If not included then it cant be judged.

 

Regards

 

Andy


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Hi Sky

 

The 8% interest is sec69 interest not PJi.If both parties are businesses and the debt relates to a commercial transaction, then it may be more appropriate to use the provisions of the Late Payment of Commercial Debts Act. This allows for a higher rate of interest and for additional debt collection charges. Do not use this, if either you or the claimant is a private individual.

 

To claim section 69 interest you first have to work out the total amount of your claim - excluding interest and court fees. You are entitled to claim interest at 8% per annum on this amount. Work out the 'daily rate' by multiplying 'the amount of your claim' x 0.00022. You also need to count up the number of days from when the money became due up to the date on which you issue the claim. Multiply the daily rate by the number of days to work out the 'interest so far'. Then drop each of these numbers into the following paragraph:

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became due] to [date of issue of claim] of £[interest so far] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [daily rate].

 

This paragraph should then be included in your particulars of claim, probably as the last paragraph.If not included then it cant be judged.

 

Regards

 

Andy

 

Hi Andy,

 

Thanks for taking the time to reply. But I am a little confused about what you are suggesting. Are you saying I need to calculate the interest under section 69 to claim back? The original interest was added to the overdraft defecit when it became due, when debt was not paid, it went to Court (see all posts in thread), I got it originally 'Set Aside' but eventually in Court it was determined after income and expenditure given to Court I was to pay £150 a month. The Court threw out extra costs by claimant, and it was said that all I needed to do was pay this amount without default and the house would not be on the line. In fact the judge wrote in the CCJ that no approach to force sale was allowed.

 

Over a year has now passed with me paying £150 every month, while the interest applied to the court amount is steadily increasing.

 

There is money in the hose which I cannot get at. Lenders will not let me re-mortgage without clearing the CCJ.

 

I am desperate for someone I can talk to who I could arrange a re-mortgage to get some of the cash out, 1. to pay a full and final on the CCJ and 2. to pay off card debts.

 

I have seen CCJ-remortgages on the net but dont know if I am jumping from frying pan into fire or what ;o(

 

I really feel that extracting £50K from the house which is just sitting in it, will be the full answer, I can then get on with my business. Which is actually doing well, but not well enough to fund all the payments each month, with these out of the way I can concentrate on the business a turn a profit in 12 months.

 

Thanks

 

SW

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No Sky the above is from the Claimants perspective.When a claim is issued sec69 interest is chargeable on all debts subject to them pleading it on their P.o.C.So the interest was applied up until judgment at 8%.No further interest can be added to the judgment (post) unless its deemed in the T&Cs of the agreement.

 

Regards

 

Andy


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Is there anyone on the forums who has re-mortgaged or can arrange this under these circumstances?

 

thanks

 

SW

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Okay, I thought I would come back with an update.

 

I stopped paying the £150 a month in 2011 as I mentioned.

I also researched the board of Barclays and prepared an information pack of the whole case to send them, where I had no legal representation or time to see the pitfalls on the 'business loan' that all led to the debt.

 

Each pack was about 15 pages with scans of letters where the overdraft was converted by the manager and other details. This was sent to 8 of the main board of Barclays, the Financial Ombudsman and The Prime Minister, all registered and signed for.

 

I did get a nice letter back from Downing Street who said they would pass onto the Financial Minister, I had letters back from Barclays saying they were looking at my 'complaint'

 

But a year or so went on, without anything back.

 

Then suddenly I received a letter from Barclays.

They had decided to cancel the debt, the Court charge and stated I had nothing else to pay! They even said they would be making contact with the Land Registry to take off the Charge and that would be the end of it!

 

The debt has now vanished, the Charge is off the Land Registry and the feeling of relief is huge :-D

 

I just wanted to share this with you and say to anyone in a similar position "NEVER GIVE UP"

 

Thank you to all the advice I had received on here, it feels like a long journey but made bearable when you have people in your corner like the members of this forum.

 

Cheers

 

SW

Edited by dx100uk
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Sorry, I had to come back and say that I was a bit surprised that no-one posted anything after my last update.

 

A huge surge in views, now over 25,300,

I thought at least a comment from anyone would be welcome.

 

Perhaps others felt, you're jammy,

yes we all have reason to be in these positions and many are of our own making.

 

But I thought some really positive news shared can only be positive to anyone else struggling in the same position that you should NEVER GIVE UP!

 

SW

Edited by dx100uk
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I dont think there is anything further to add......but thanks again for the update and well done.

 

 

Andy


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Thank you Andy for providing a great resource for people like me, you and others have given me the knowledge and I appreciate that. cheers SW

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