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    • when did they (who) inform you there was a 'police case' and when was this attained? i will guess the debt is now SB'd as it's UAE 15yrs. have you informed the bsnk ever by email/letter of your correct and current address? you can always ignore anyone else accept the bank,  Block and bounce back all emails. Block any text messages  Ignore any letters unless it's: - a Statutory Demand - a Letter Of Claim - a Court Claimform via Northants bulk.  
    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
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Marlin Court Action on HSBC CC, HSBC already said they hold no CCA - help


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I'm really really sorry, you have had a pretty tough time. But the judges decision is based on a legal basis and not on moral issues.

 

The only paperwork that will prevent the charging order will be proof that you do not owe the money.

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Okay.

 

If she is not going, get a doctors letter...otherwise regardless of how painful it is, if you have to carry her in, do it. This may be harsh, but the judge will see this as an important issue, and if she does not attend he will not take your defence seriously. Phone the court in the morning and request a wheelchair and ensure access.

 

 

If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted - We didnt admit liability she was given judgment over the phone (conference call)

 

The 1st phase of a CCJ allows you to acknowledge the claim within a specified time.You are given the option to admit the debt and repay or defend.

 

If you fail to respond to this claim or admit, judgment is granted.

 

If you defend and dispute, it is transferred to your local court.

 

If judgment was granted over the phone than you must have admitted liability. Do you have any proof that you defended the original claim and the correct procedures were not followed. Your going to have to prove the original claim was unenforeceable, and your wife must attend.....if only to ask for a postponement.

 

Her offer of payment I'm afraid was an acknowledgement of owing the money.

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Hi Debbie, the problem is that my wife cannot bend her knee, it has to be kept straight or the skin could split (its that swollen) and if I need a doctors letter I wont get one for tomorrow. If the court can provide a wheelchair that will keep her leg extended we may be able to get there but I very much doubt it.

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Ask yourself, what will happen if they get a charging order ?

 

My point is simple. Accept it will happen & don't get upset. Don't get upset or angry with the judge instead concentrate solely on only allowing the charge with restrictions.

 

You have children. The judge will not, absolutely defentinately not put you and your children on the streets.

You have a share in the property.

Your wife, whose debt this is.....don't discuss other joint issues....is ill, and can't work.

You are the sole provider for your family.

 

Let them have there charge on her share of the equity but with the provisions.

 

No Post judgment interest unless they can provide a copy of the agreement with a PJI clause.

No Sale order.

 

Debbie

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Okay, if she is not going. phone the court tomorrow morning, explain and ask for a postponment. They will probably refuse, so turn up alone.

 

If you can, or have a phone, take pictures and show them to the court clerk when you turn up. Insist that she explains this to the judge.

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The RBS have had a charging order against me for £39,000 since 2008. The restrictions prevent them from applying for a sale notice, and they cannot apply interest.There is nothing more they can do except negotiate a reduced settlement and right off the rest.

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One thing I would add is that the hearing is to make an ICO final, they judge is not concerned with issues regarding the CCJ and will not go behind the original judgment at the hearing. If you wanted to apply to set aside/appeal this should have been done separately.

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Can I still apply for a set aside once the Charging order has gone through?

 

Yes but subject to time and a supporting defence with merit.

 

Andy

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  • 2 months later...

Hi All, I have a credit card debt with HSBC.

 

I stopped paying it a couple of years ago after they couldnt find the CCA agreement.

 

Sent them the in dispute letter and not really heard much from them.

 

I have recently been chased by Marlin (the creditors of the account)

and as I have not agreed a payment plan they have appointed Mortimer Clarke solicitors to take over recovery activity.

 

got a letter from M.C. usual bold red wriyting stating

"ARE YOU AWARE OF THE SERIOUS CONSEQUENCES OF A COURT JUDGMENT BEING MADE AGAINST YOU"

 

Different paragraphs headed in bold stating:-

 

COURT PROCEEDINGS COULD BE BROUGHT AGAINST YOU

 

A COUNTY COURT JUDGMENT HAS SERIOUS CONSEQUENCES

 

YOU COULD AVOID THIS EASILY

 

IF YOU DO NOT CONTACT U,S COURT PROCEEDINGS WILL BE ISSUED

 

DON'T MISS THE CHANCE TO STOP COURT PROCEEDINGS BEING BROUGHT AGAINST YOU

 

I have never admitted the debt with HSBC.

 

Do I reply to them asking for proof of the debt or just ignore them?

 

Bully tactics to get me to pay?

 

Any advice would be gratefully recieved

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ignore them

 

just willy waving in case you have gathered any morals of late.

 

is it on your cra file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok so what is the default date in the debts summary?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

so October next year it will vanish

 

your last payment ? was prob up to 6mts before this date too.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Hi all, I have a credit card debt with HSBC.

A few years ago I stopped paying due to HSBC not complying to my CCA request, they sent me a blank form with nothing on it so I put it into dispute.

I have 2 letters from seperate people from HSBC stating that they cannot find my CCA.

 

They have now sold my debt to Marlin Europe. I have ignored Marlin and have now received a claim form from Northampton for over £10,000.

 

I have to submit my defense in approx 7 days,

 

anyone have any ideas?

 

I am thinking of sending a copy of the letter from HSBC stating they dont have a copy of my CCA

and seeing if they will strike it out before it goes any further.

 

Am I thinking along the right lines?

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Heres the POC

 

By an agreement in writing between HSBC Banl Plc.

 

("HSBC") & the defendant dated 17/07/2002 ("the agreement")

HSBC agreed to issue the Defendant with a credit card upon the terms & conditions set out therein.

 

In breach of the Agreement the Defendant failed to make payments of not less than the minimum payment shown on the monthly statement.

 

HSBC served a Default Notice on the Defendant stating the amount due & requiring the Defendant to pay same.

 

The Defendant failed to pay & the Agreement was terminated.

 

The Agreement was assigned to the Claimant on 15/02/2013.

 

The Claimant has complied with Sections III & IV of Practice Direction - Pre-action Conduct.

 

The Claimant therefore claims:

1. £XXXXXXX

2. Interest pursuant to section 69 of the County Courts Act 1984, namely £XXXXXX & continuing until judgment or sooner payment at the rate of 2.19.

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several threads merged for background info

thread tidied and moved to legal forum

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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