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    • I have now written up the Claim and will post this, we have also been informed by the DJ they will counter-sue for the full amount if we take them to Court for the £500 we are at a loss? We we have also included interest from the date they refused the Money in May as we are having to borrow to fund the wedding in three weeks, its so disheartening as we also have to pay £415 to put the claim in when they could have just resolved this matter!   Are they not bothered about customers at all, they are prepared to keep money without providing any service at all   Its so shameful
    • I'm afraid lapse of time has got nothing to do with it in this case. At the very minimum, though there is is six years within which to recover a debt – and when the money is paid by way of a mistake, it is six years from the date that the mistake was discovered or could reasonably have been discovered. I understand that your vehicle was damaged in an accident and the repair bill was paid by the insurer. Somehow or other, you were also paid about £2000 ostensibly to pay the garage for the repairs. As the car was already repaired, you didn't pay the money over or query it – but you used the money. I'm afraid that if that is a correct summary of what has happened then I would say that you are obliged to repay the money. If my understanding is correct – then you had probably better contact the solicitors and start dealing with them because I'm sure that they will have no hesitation issuing a claim against you and you will then be liable for the money, plus interest at 8% – plus a measure of costs – a judgement some is not paid 30 days of the date of judgement.  
    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
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I am new to CAGS and am unsure of how to post in the correct Thread.

 

I had a Limited Company that was suffering cash flow problems.

 

My Business Bank Manager at Lloyds TSB suggested that I used their factoring service Alex Laurie.

 

A representative of this company came to my house and said that they could only take me on a s a "Sole Trader".

 

The service was expalined to me that I would pay a certain amount per month plus a % on any monies factored.

 

It was also explained to me that Alec Laurie delt with outstanding invoinces to me through their legal department. That was what I was paying the fee for.

 

A client refused to pay and Alex Laurie said that they would not chase this invoice but, I could pay them £500 per month to discharge what I had been fronted.

 

I started this but missed one payment and they made me bankrupt (August 2010)

 

I sought out a company dealing in IVA. I feel that they have been lean with advice and most unhelpful.

 

I was told by them that I need to pay them £1,000 per month for 6 years and then I would be in the clear.

 

I explained that due to the nature of my business I could not meet these amounts. They told me I needed to t/o £7k per month to pay them and pay my outgoings.

 

I sought the advice of another IVA company through the CAB, who informed me that I should fail and then I could transfer to them.

 

This I did. I was discharged in August 2011.

 

The OR informed me that I no longer owed the debt (Have equity in my property).

 

The IVA company that I was most unhappy with then made themselves my "Trustees".

 

I am finding it difficult to get any sense out of them, my house has now been registered to them.

 

I am told that I can pay my debt through a 3rd party.

 

I have a friend who is prepared to discharge my debts for me but:

 

I am unable to establish a figure and a debt on bankruptcy that has been claimed by creditors is £25,207.30, of which I am unclear about £8,612.13.

 

I have paid £5k through a tax rebate to the "Trustees".

 

The amount I am now being told that I need to pay to discharge this debt is £94.664.

 

What options do I have if any?

 

I have offered to start paying monies monthly as and when my company recieves funds, and my friend has offered to pay an amount as well.

 

I am living day to day wondering when I will get a knock on my door and be asked to vacate.

 

I feel that I am being railroaded and unable to get any sensible advice.

 

Also I have now been unable to pay my mortgage for 3 months and am in court on the 5th September for a repossesion order. I am due considerable funds through my company on the 9th September.

 

I have spoken to my mortgage company who say I could possibly change my mortgage to buy to let and with the help of my friend obtain this.

 

I would ideally like to let the property out as the outgoings are way below the income it would provide.

 

Also along line with the mortgage I have a secured loan with Blemain Finance which was for £32k this was taken out over 5 years ago and I have been paying £360 per month.

 

Blemain say that if I repay this loan early I will have to pay them £44k.

 

I have so many issues to resolve and I need to find away to sort this out.

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Hi bink

 

Welcome to CAG

 

On the 'secured loan with Blemain Finance', were you mis-sold PPI or have you been mis-sold PPI on any other financial products?

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

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I have been mis sold PPI on many occassions, I have contacted NICHE to help me claim these charges back in order to give to the "Trustees".

 

The "Trustees", have to give written permission as I am a discharged bankrupt.

 

They have been asked numerous time by NICHE over many months and have agreed in principle by phone calls but the written permission has not been forthcoming.

 

I feel as if the "Trustees" are just all out to take my property and not do anything helpful in any way to enable me to help myself.

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Don't speak to them over the phone, send your letters Recorded, give them a deadline, tell them if they don't co-operate you will take matters further. Other Caggers will advise further once they are about.

 

I have been mis sold PPI on many occassions, I have contacted NICHE to help me claim these charges back in order to give to the "Trustees".

 

The "Trustees", have to give written permission as I am a discharged bankrupt.

 

They have been asked numerous time by NICHE over many months and have agreed in principle by phone calls but the written permission has not been forthcoming.

 

I feel as if the "Trustees" are just all out to take my property and not do anything helpful in any way to enable me to help myself.

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Lets wait to see what the guys have to say, I don't have the knowledge to say yes or no, it's never too late, just a case of navigating in the right direction. I'll flag this up for the Site Team. Remember it's a Bank Holiday weekend, so many of the guys aren't about.

 

Thank you.

 

Is it too late to resolve the matters I listed above.

 

Time does not seem to be on my side.

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What you could do is nail down the mis-sold PPI, there are spreadsheets in the library. Have a read of 2 and 3 in my signatute.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

Thank you very much.

 

Enjoy your Bank Holiday w/e

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Any mis-sold PPI that was taken out pre-BR is always the property of the OR however long afterwards you claim it. So if you place a claim on any PPI that was taken out pre-BR then you must hand it straight to the OR as it is their property.

 

Some info here

Edited by abc123def
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Im sorry, but you first post makes no sense to me and seems to be all over the place.

 

if we start again, you had a limited company that was selling goods on credit, you took on a factoring company but only as a aole trader? if that is so does that mean you started trading with the creditors personally as i cant see how they can owe the company but the factoring company pay you and then you owe them as the creditors owed the company.

 

Putting that aside and presuming you and up with a debt to the factoring company, what happened next,bankruptcy or an IVA, if it was a bankruptcy then how did you get an IVA, did you try to get an annullment, how much exquity was in your peoperty, did the receiver deal with that equity

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I had a Limited Company that provided cleaning to the contruction industry.

 

I factored through Lloyds TSB

 

My Invoices said the name of my company on the top of the invoices.

 

On the invoice it said that the payments were to be made to Lloyds TSB Harlow.

 

They then paid the money into my business account.

 

I was declared Bankrupt in August 2010

 

I went to a Insolvency Practioner

 

They got me to sign a lot of papers and register them with Croydon Court.

 

They them agreed with the companies I owed money that I would pay their outstanding amounts in full over 60 months at the amount of £1,000 per month

 

I could not meet this amount of money per month.

 

I do not believe that I had an annulment

 

I was told that the Insolvency Practs would "fail me"

 

I met them and went through what I owed again and all the debts from the Limited company were removed.

 

The factoring company remained.

 

I was discharged on August 2011

 

The Insolvency Practs were made my "Trustees"

 

They have registered my property in their names.

 

The OR sent me a letter stating that the "Trustees" would dispose of my assets to pay my debts.

 

I have aprox £100k equity in my home

 

The question about the OR dealing with my equity I would assume is the job of a "Trustee"?

 

 

I have asked the "Trustee" for a figure to enable me to try and pay off the debt.

 

I havve a friend who might be able to pay this or pay monthy amounts to clear in total

 

Does this cover what you need to know?

 

Thank you

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Thank you for the info, but im afraid what you have said does not make sense, i think you need to ask your trustee if you are in a bankruptcy or an IVA, if you are only in a bankruptcy and there was never an annulment aske them why there were 60 payments set up as that does not fit into a bankruptcy by itself

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Hi

 

I do have to agree Bankrupt or IVA strange this one.

 

Anyway the PPI that you are trying to reclaim were they either included in your bankruptcy/IVA and if so you could try claiming now the BUT

 

If they were and you reclaimed they would go to the OR or Trustee (even if you are discharged and try to reclaim for the period of your bankruptcy/IVA it still goes to OR/Trustee).

 

You really need to speak to your TRUSTEE to clarify these matters

 

If you phone them Get the person details and always follow it up in writing (always get proof of posting)

 

This link may be of help its the Insolvency Service Website:

 

www.insolvency.gov.uk/

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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