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    • Probably to do with the Creditor accepting the reduced payments claim as part of the IVA. - Thats my guess anyway.  As for the mount outstanding... 60k is incredible and im pretty sure a DRO wouldnt cover that much even after the new legislation.    For you @Alfy - Please stay headstrong and stop worrying. My viewpoint on debt with debt collectors is simple. You are a figure on a spreadsheet loaded into a database for them to run a collection cycle through.  They dont care about emotions or your situation, they just care about paying off their shareholders and trying to turn a profit.  They use varying tactics to increase the pressure on you to the point where you will break. People then fall for this an either cave in to DCAs before doing their own due diligence on the debts that are purchased or turn to IVAs like you have.    They are better ways to handle this and Im glad you feel better after a good nights sleep - I hope you can keep it up. 
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    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
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HFC/Restons Claimform - Marbles now Beneficial Credit card - panicked and paid restons one figure - they want more !! _d judge ordered a STAY, now SJ


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Its that they have provided credit card statements also, so i wondered if they could class that as inforceable?

 

Nope, they will get nowhere in court with that with a decent DJ, I had this with MBNA where they kept saying "the money is owed" - Judge said" but have you seen an agreement? " They said "No" Summary judgement dismissed and later they discontinued.

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Thank you so much for that, I have been really worried about it, I couldn't believe my eyes when they sent that agreement through with nothing on it, they have been giving me a really rough time, my dad is ill at the moment so this is putting extra pressure on me. They are very devious, they have only gave credit cards statements from 2007-2009, but the card was taken out in 2001/2002.

 

I will let you all know how it goes, Do I reply on this thread?

 

Once again, thank you so much for your help.

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Hi, I have entered a defence (via solicitor) but I am representing myself I have no more money. I am in court with Reston's next week so I don't think I have time to write to them and ask for all the statements.

 

I am in court next week to get them Struck Out because of the credit agreement, but I am a bit confused on what to say in there? Also Reston's have applied for a Summery Judgement but they after sending me a letter to withdraw my defence or they will apply for a summery judgement against me ( this is going to be heard later) as I applied for mine first.

 

All the documents they have sent me have come via the court ( I only got them on Thursday) this included there application for Summery Judgement, A Marble's Agreement ( no signiture, no date just my name and address filled in by them) and card statements from 2007-2009.

 

Do I have to reply to the Summery Judgement? If so do anyone know what i have to do, also do i make a list of costs, and do I have to reply tho the agreement they have sent?

 

If anyone could give me some pointers it would be great.

 

Do I have to have my reasons for a Strike out written down to present before the Judge?

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You should have put your reasons on the N244 application to strike out, or in an attached witness statement. Did you not do that ?

 

A reconstruction can be provided for an s78 request made under the CCA1974, but the original should be provided in court.

 

Have a read of the following thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?260167-Another-Nasty-Bank-v-little-old-me-claim-issued/page3

 

post numbers # 8, 23 and 25 are the most important as they deal with documents that dont meet the requirements. But have a read of the whole thread which isnt a long one so you can better understand things.

 

HTH

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