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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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Threat of Reposession from First Plus Solicitors **SUSPENDED**


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I wouldn't reply to the solicitors letter - it won't make any difference. In my opinion they're trying to blackmail you - just send a defence statement into court (I'll draft one up for you) and let the judge tell them they're being unreasonable. the court will send a copy of your statement to the solicitors and when they see what you have put in it I wouldn't be surprised if they back down.

 

I'm away from this afternoon until sunday afternoon but will get onto drafting the statement when I get back. If you get it into court Monday or Tuesday next week it will be fine.

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I wouldn't reply to the solicitors letter - it won't make any difference. In my opinion they're trying to blackmail you - just send a defence statement into court (I'll draft one up for you) and let the judge tell them they're being unreasonable. the court will send a copy of your statement to the solicitors and when they see what you have put in it I wouldn't be surprised if they back down.

 

I'm away from this afternoon until sunday afternoon but will get onto drafting the statement when I get back. If you get it into court Monday or Tuesday next week it will be fine.

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I would write to the solicitors simply stating

 

"If I default on the other two loans then the companies will go for CCJs with a forthwith order and immediately instigate repossession hearings - I am sure this is not the conclusion you would wish for, therefore your request is denied."

 

This is precisely WHY you SHOULD NOT give detailed Income and Expenditure assessments to anyone other than via a court order, a simple statement is more than sufficient for their needs.

 

They probably are only 'solicitors for rent' anyway and not a proper firm, I don't think you mentioned the name, not HL Legal (HL Illegal on this forum) is it?

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I would write to the solicitors simply stating

 

"If I default on the other two loans then the companies will go for CCJs with a forthwith order and immediately instigate repossession hearings - I am sure this is not the conclusion you would wish for, therefore your request is denied."

 

This is precisely WHY you SHOULD NOT give detailed Income and Expenditure assessments to anyone other than via a court order, a simple statement is more than sufficient for their needs.

 

They probably are only 'solicitors for rent' anyway and not a proper firm, I don't think you mentioned the name, not HL Legal (HL Illegal on this forum) is it?

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Could not agree more,you could send them letter after letter and it wouldnt make one jot of difference,once ell-en has drafted your defence statement let the court do the work for you,and as for priority you have already shown that your giving this debt from fp your full attention.

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Could not agree more,you could send them letter after letter and it wouldnt make one jot of difference,once ell-en has drafted your defence statement let the court do the work for you,and as for priority you have already shown that your giving this debt from fp your full attention.

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I have almost finished your statement. You will need to affix copies of the letters you have sent to them with payment proposal, and also all the ones you have from them asking you to reduce payments to your other creditors. Can you confirm when you have taken copies of them please.

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I have almost finished your statement. You will need to affix copies of the letters you have sent to them with payment proposal, and also all the ones you have from them asking you to reduce payments to your other creditors. Can you confirm when you have taken copies of them please.

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Ell -enn

 

I am so sorry not to have come back. I have been waiting on a response from you (I thought)

I normally get a notification message when there are new messages are posted on the thread - this week there have been none. I didn't want to leave a message for you because I know how busy you are and I didn't want to sound pushy.

I only logged in this lunchtime because I was getting panicked.

I have all the letters received from the Solicitors and have copies of all my correspondence on my laptop so I should be able to affix copies when required.

Is this what you wanted me to do?

Also to answer you SIllygirl the solicitors are are legitimate setup but are known for chasing this sort of business locally.

I'll keep logging in to make sure this doesn't happen again.

 

So sorry again, the help I've received has kept me going and is much appreciated.

 

W6

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Ell -enn

 

I am so sorry not to have come back. I have been waiting on a response from you (I thought)

I normally get a notification message when there are new messages are posted on the thread - this week there have been none. I didn't want to leave a message for you because I know how busy you are and I didn't want to sound pushy.

I only logged in this lunchtime because I was getting panicked.

I have all the letters received from the Solicitors and have copies of all my correspondence on my laptop so I should be able to affix copies when required.

Is this what you wanted me to do?

Also to answer you SIllygirl the solicitors are are legitimate setup but are known for chasing this sort of business locally.

I'll keep logging in to make sure this doesn't happen again.

 

So sorry again, the help I've received has kept me going and is much appreciated.

 

W6

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Good luck with this, if you do get a chance at the hearing explain how the solicitors are pressurising you into defaulting on other non-secured debt and causing you further and future probelms. They have no authority to do this and you can write to the Solicitors Regulatory Authority on this point.

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Good luck with this, if you do get a chance at the hearing explain how the solicitors are pressurising you into defaulting on other non-secured debt and causing you further and future probelms. They have no authority to do this and you can write to the Solicitors Regulatory Authority on this point.

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Hi there, I have your statement almost ready to go - just need a few details:

 

Is the mortgage in your name only?

Is there only one child resident in the property?

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Hi there, I have your statement almost ready to go - just need a few details:

 

Is the mortgage in your name only?

Is there only one child resident in the property?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell enn

I am frantic - the problem in the computer comms must be at my end and I'd lost contact with the internet.

Thankyou for all your effort on my behalf.

To answer your questions:

The mortgage is in my name only and there will only be 1 child resident at any point in time though sometimes no children. We are respite carers.

 

Thank you

W6

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Hi Ell enn

I am frantic - the problem in the computer comms must be at my end and I'd lost contact with the internet.

Thankyou for all your effort on my behalf.

To answer your questions:

The mortgage is in my name only and there will only be 1 child resident at any point in time though sometimes no children. We are respite carers.

 

Thank you

W6

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Hi there, give me 5 minutes and I'll post up your statement for court.

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Hi there, give me 5 minutes and I'll post up your statement for court.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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Hi there, affixed is your statement for court. You need to enter the details at the top where there are XX's (remove the XXX;s). you will get the info from the court papers. Read through the statement and fill in the info where there are other XXX;s.

 

When you print out the statement make sure your printer is set for A4 paper (not Letter size) so it all stays on one page, then sign it.

 

 

You will need to affix copies of all the correspondence you have had with FP and their solicitors i.e. your offers and their refusals, especially where they have asked you to reduce payments on other commitments. On each of those copy letters, write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Do the same on the budget sheet except it will be Appendix 2.

 

You should now staple securely together the Statement, Appendices 1 and Appendix 2. (Take a photocopy of it all first so you have a set for yourselves to refer to in court). You should now hand this into court asap.

Worried 6 statement for court.doc

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, affixed is your statement for court. You need to enter the details at the top where there are XX's (remove the XXX;s). you will get the info from the court papers. Read through the statement and fill in the info where there are other XXX;s.

 

When you print out the statement make sure your printer is set for A4 paper (not Letter size) so it all stays on one page, then sign it.

 

 

You will need to affix copies of all the correspondence you have had with FP and their solicitors i.e. your offers and their refusals, especially where they have asked you to reduce payments on other commitments. On each of those copy letters, write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Do the same on the budget sheet except it will be Appendix 2.

 

You should now staple securely together the Statement, Appendices 1 and Appendix 2. (Take a photocopy of it all first so you have a set for yourselves to refer to in court). You should now hand this into court asap.

Worried 6 statement for court.doc

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi

Thankyou very much for this. I will print out from the office tomorrow. Do I have to get any official forms to accompany the statement?

Do you think it is it likely that the judge will ask me to explain in detail about my circumstances and what led up to these arrears? I don't want to break any protocol but want to be prepared.

 

Tlak soon.

W6

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Hi

Thankyou very much for this. I will print out from the office tomorrow. Do I have to get any official forms to accompany the statement?

Do you think it is it likely that the judge will ask me to explain in detail about my circumstances and what led up to these arrears? I don't want to break any protocol but want to be prepared.

 

Tlak soon.

W6

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Could I ask for opinion on charges. I asked for a statement of arrears from FP and received what looked like the breakdown of the monthly payment times the number of months arrears which is correct. What I haven't got is a recent statement of the account in full. In the latest papers received the solicitor quoted a sum which seemed v high so this is where the charges will be embedded I presume. Should I have this before court?

If I am successful next week in getting a payment arrangement and a suspended order can I query the level of charging afterwards? At the moment all I want to do is get the threat of eviction removed but I am planning to try and sell the house to settle the full account and I would definately need to understand the figures then.

Thanks

W6

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