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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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steveball1966

CCJ for loan that was refused

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Safeloans have got a ccj on loan that they refused me even though dispite numerous letters and my bank providing evidence that they never paid into the account theyhave stated the loan should have been paid into. I have now had a letter today fromthem saying that they are going to apply for an attachment of earnings but if Icontact them they can offer a 40% reduction I also never even received anycourt papers before just the judgement papers I have also checked my credit files and the judgement shows. What can I do to stop them getting an attachment of earnings for a loan I did not have they want £445 for a supposed £150 loan.

Edited by steveball1966

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Have you moved address since the original loan application

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Get a set aside asap. Your reason would be you never received any papers to the address.

 

Safeloans are abusing the legal system. They have got a CCJ on a debt that has never existed and now have the cheek to offer a discount. You must get this set aside, and then get in contact with as many authorites as possible. Make sure you contact watchdog and the national press too.

 

You can also contact actionfraud.org.uk . Infact, i would recommend that.

 

As i said, you main focus right now should be to get that CCJ set aside.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I've sent an SOS to an admin so they can give more specific advise relating to the set aside and to where complaints need to be made.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Me thinks this is a prime case for damages under

 

DURKIN V DSG RETAIL LTD AND HFC BANK LTD

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Prime case for damages since theyve broken the law, broken regulation, broken guidance and made a complete mockery of the court system.

 

If the OP can prove that the CCJ stopped him getting credit relating to a major item, such as a mortgage etc, or even a less major item, the damages could run into the £1000's.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I believe the Durkin judgement stipulated that it was not necessary to prove any quantifiable loss or damages had occurred

 

The fact the defamation had occurred was enough to satisfy damages

 

i will need to look up Durkin to confirm though, give me 30 minutes

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The case of King v British Linen & Co dealt with the situation where there had been no specific damage. The only loss which the pursuer had occurred sustained was the loss to his credit standing. That was valued by the sheriff at £100 in 1897,

 

Had there been no finding of specific loss in this case, I would have had no hesitation in finding that an award of damages for the mere injury to credit was appropriate. In modern society credit plays a very big part in the conduct of the daily lives of a significant portion of the population. The financial services industry is constantly advertising loans, credit cards, store cards, mortgages, consolidation accounts etc.

 

To have one's credit worthiness impugned so that one is at risk of being unable to obtain credit on the grounds that he is not credit worthy is, if anything, a more significant matter for the individual than it would have been at the time of King, over a hundred years ago. Mr Beynon has submitted that a figure of £10,000 would be appropriate. The figure of £100 awarded by the sheriff and left standing by the Inner House in King v British Linen translates, according to the Office of National Statistics Publication "Focus on consumer price indices" 2008, table 5/3, to £9,975 in the year 2008. The figure of £5,500 awarded to an individual in Kpohraror v WoolwichBuilding Society 1996 4All ER 119 was not interfered with by the Court of Appeal in 1996 and, in today's figures, would be worth £8,215.

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Thanks guys I am really surprised at the quick replies Ihave had a quick look at DURKIN V DSG RETAIL LTD AND HFC BANK LTD case and will read proper tomorrow as I have to work tonight and will be replying to your help tomorrow I do not want to apply for any credit now but I do want my name cleared just in case I need to in the future. My wife said that the loan was approvedin principle the turned down due to the fact I could not provide wage slips that showed I was earning enough as I was on sick at the time I applied which was Feb 2012 .

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Get it set aside, and then DEMAND to know the account sortcode, number and name that the money was deposited in. It's then a simple case of matching up the records.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Renagadeimp I have found the N244 form on the hmctsformfinder web site andwill print and fill out and send off stating I never received the court paperswhen I get back tomorrow.

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£80 is better than having a CCJ with no merit or reason though. Plus theres a chance the OP could issue a court claim against the company themselves.

 

THe main thing is that the CCJ MUST be set aside, as the claimant have already made it clear they will go for enforcement orders, even though the debt doesnt exist.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I agree, and getting Ten grand compensation while turning the knife into SAFE LOANS

 

MMF, you are next

 

Give a shout if you need a hand with the N244

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Yep. Get the claim, get the judgement, and the second judgement is handed down, go straight for enforcement orders. Pref a winding up order :)


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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First step is to download the N244 and complete...... requesting an order that the judgment be set a side and enclose a brief outline evidencing the request.Fee £80 its important to put on the application " Costs in this application"

 

Just nudge your thread if you need assistance completing the application.

 

Regards

 

Andy


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Sorry for no update I have filled in the N244 and I am waiting to get to get paid my salary this week and send off I have had a letter offering an £155 discount on a £445 demand from simpsons legal who I think are really safeloans considering they have the same address and telephone number .I will try to post the documents up at the weekend when I can have the use a scanner.

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I THINK IT IS A TWO BIT COMPANY

 

Unlike using a solicitor to enforce a judgement, we do not charge by the hour and we will collect your CCJ's on a no collection, no commission basis

 

Not once do they state legal representation by a qualified solicitor

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Safe-loans and Simpson legal are out of the same building

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Sorry guys just relised that taking a closer look at the docs about the addresses my eyesight is not great and I am at work and not using my glasses.

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