Jump to content
  • Tweets

  • Posts

    • Can you ask your GP to get a second opinion on the NHS?  (I ought to know because I'm a retired NHS manager, but worked in mental health where x-rays didn't really feature very much(!).)   Your GP may be reluctant for various reasons but you've got nothing to lose by asking.  Might be difficult if there's only one consultant in that specialty locally.   If that is a non-starter, you could ask your GP for a private referral if any of the relevant specialists run private clinics.  Your son'll get seen quicker and an initial private consultation shouldn't cost more than about a couple of hundred quid.  Then take it from there.   (Emphasise to your GP what your real concerns are and why you have them - even if it's just "I looked it up on the internet and it looks like this which can lead to serious complications.  What do you think?  I'm really worried...")   EDIT:  Just looked on my local NHS Clinical Commissioning Group website and searched for "second opinion" but nothing comes up...  I thought you were entitled to one - you'll have to ask your GP.  Or look on your own CCG site.  Oh - despite being a NHS manager I have paid to see a consultant privately.  £150 well spent - if you can afford it... which I appreciate not everyone can.
    • dont think they are even allowed to offer settlement by instalments, they are not creditors.   read the letter carefully and understand what it doesn't actually say....like the word WILL anywhere.   they,  a DCA, can't recommend anything and their client most certainly wouldn't have disclosed anything to a powerless DCA about what their solicitors might or might not have said to them. and ofcourse a solicitor is in no position whatsoever to suggest to their client they get back to the DCA and tell the DCA to tell you their client will accept instalments!   the letter is a load of ole BS that is concocted by the dca without any input or knowledge of their client nor their clients solicitor...   dx      
    • The paediatric orthopaedic consultant at the fracture clinic told us today that he believes it is just a sprain behind the knee. I'm concerned my GP will say something along the lines of, 'you have seen a consultant, he says it will heal in 2 to 3 weeks, you don't know more than him!', or something like that. It's just that I believe I can clearly see a fracture. And as there was no fall or hard knock, only a very tightly streched knee bending at an angle behind, with a load. I figured that the temdon must have pulled some bone up. And thats the injury I found online. I totally take on board what you are saying. You are correct. I guess I'll see what my GP says tomorrow, hopefully she allows me to email the images, if she doesent have access to them already. Thanks again
    • With the global market for recycled cardboard worth billions of dollars, it is attracting criminals. View the full article
    • UK house prices are predicted to fall but a report spells out why property may remain out of reach. View the full article
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 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 
      • 16 replies
Guardsman

Certificate of the Debtor's Obligations

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3668 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

In issuing a claim is there any law which details the information that should be provided by a claimant to the debtor? At the moment all that is being provided is a sum of money value with no further information detailing how that sum was made up.

Share this post


Link to post
Share on other sites

You need to make your situation a little more clear. I think you're referring to a request under the Civil Procedure Rules for info. that the claimant is relying on to bring proceedings against you. Does that sound correct? Has court action actually been started.... or are they just threatening it?

Share this post


Link to post
Share on other sites

Thanks for rapid response. Yes it looks right on Civil Procedure though I'm not sure. It's with reference to a commercial blanket guarantee and a debt being called in reference to that guarantee. I tried - prior to a judgment by default being issued - to get information on what the debt referred to, how it was accounted for etc. but was never told. I now note that the guarantee says under 'Certificate of the Debtor's Obligations' that a statement of amount due will be '... conclusive evidence save in the case of manifest error or any question of law'. So I'm hoping that there is indeed some law or judgment that indicates they should have provided me with more information than simply the sum.

Share this post


Link to post
Share on other sites

Sorry - in addition to the above - I am hoping to use this as part of a case for setting aside.

Share this post


Link to post
Share on other sites

Ok... if a Judgement has already been entered, it would seem that your best course of action would be a Subject Access Request instead to the company concerned. There is a template on here... It costs £10 to send and must go by rec. delivery at the very least, so that you know when it's been received.

 

This is a legal request (under the Data Protection Act 1998) for all data that a company holds on you, including all transactional data, telephone logs and so on. Whoever receives it has 40 days from receipt within which to comply and failure to furnish all info. means that you can report them to the Information Commissioner.

 

:)

Share this post


Link to post
Share on other sites

Thankyou. I am also keen to demonstrate that they should have responded to queries I made to them over the the past months as a part of my case for setting aside. I didn't use SAR but make phone calls and e-mail requests (which they responded to without answering the queries within). I'm wondering if the following is appropriate ( Is this Guarantee Watertight? Pitfalls in taking English Law Banking Guarantees Remain - Articles - All - Publications - Welcome to Field Fisher Waterhouse LLP ) if you look under 'Duty of disclosure' - you'll see what I mean. Would welcome any thoughts you have - am of course very grateful for your time.

Share this post


Link to post
Share on other sites

A Subject Access request is a legal request.... which makes all the difference, as it cannot be ignored, providing it goes off by a trackable method. Everything else; phone calls and/or emails are too wishy-washy in terms of pinning a company down to provide you with answers.

 

Once you have info. through a SAR, you can then begin looking into grounds for a set-aside. How long ago was Judgement made against you?

Share this post


Link to post
Share on other sites

Judgment against was June. Setting aside hearing was adjourned to September. A very complicated affair altogether too much for here but nub of it is that debt was and is being paid off by other co-guarantors but the bank still pursues me - to the equal incredulity of the co-guarantors who are content with the arrangement of repayment of full debt that they have agreed with the claimant. The queries I was putting in was an attempt to be sure that we were in fact speaking of the same debt but I couldn't get total assurance on this - only a sum which was at the time of issue the same for the debt being paid by the others so it looked likely (if you follow).

Share this post


Link to post
Share on other sites

So was the Judgement against you only.... or were the co-guarantors also named?

Share this post


Link to post
Share on other sites

The judgment was only against me - the point being that my co-guarantors agreed a repayment schedule for full amount (and that's being paid as per schedule) - I (and they) were under the impression that the repayment for everyone was therefore sorted (it's a joint and several guarantee). I continued to get demands - my co-guarantors assured me everything was being paid (which it was and continues to be) and so at first my thought was it was just taking time to work through the claimant's systems - but then I thought I'd better make sure that was the case and so started asking them for details of the debt in case it was something else I didn't know about. Couldn't get an answer to this as I've mentioned. This eventuated in a judgment by default which I'm now trying to get set aside - partly on the basis that they didn't tell me what the detail of the debt was.

 

(I've achieved an insight into the working of claimant's agents I suspect - the bank used different agents to pursue my co-guarantors from the one they used for me. At first I thought this may just be spreading the work around - a pity because of the confusion it causes. Now I'm thinking differently - I think the use of different agents is actually deliberate so that confusion is in fact caused and that - even when they have full agreement for repayment from one source - they can still more easily have others pursued for the same sum. It really is nasty I think).

Share this post


Link to post
Share on other sites
The judgment was only against me - the point being that my co-guarantors agreed a repayment schedule for full amount (and that's being paid as per schedule) - I (and they) were under the impression that the repayment for everyone was therefore sorted (it's a joint and several guarantee). I continued to get demands - my co-guarantors assured me everything was being paid (which it was and continues to be) and so at first my thought was it was just taking time to work through the claimant's systems - but then I thought I'd better make sure that was the case and so started asking them for details of the debt in case it was something else I didn't know about. Couldn't get an answer to this as I've mentioned. This eventuated in a judgment by default which I'm now trying to get set aside - partly on the basis that they didn't tell me what the detail of the debt was.

 

(I've achieved an insight into the working of claimant's agents I suspect - the bank used different agents to pursue my co-guarantors from the one they used for me. At first I thought this may just be spreading the work around - a pity because of the confusion it causes. Now I'm thinking differently - I think the use of different agents is actually deliberate so that confusion is in fact caused and that - even when they have full agreement for repayment from one source - they can still more easily have others pursued for the same sum. It really is nasty I think).

 

It seems strange to me that Judgement was only against you, unless you were the main party to the Agreement and their were no other parties involved. I'm also assuming this was/is a business debt?... hence the co-guarantors.

 

If the Judgement is only against you, then why are the co-guarantors still paying? Are you paying anything against the Judgement as well... and... are you all paying the same people?

 

When you talk about "agents", I'm also assuming you mean debt collectors and yes, they do pass accounts around in the hope of confusing the cr*p out of people. Some are in-house, which might explain why different ones were involved. If you could name the "agents" chasing you and your co-guarantors it would help.

 

You really do need to get to the bottom of this, as you've said..... and the only way (as I see things) is to get a SAR out to the company who loaned this money and find out what's been going on.... 'coz it doesn't sound right at all.

 

:cool:

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...