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    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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TBI Finance chasing old year 2000 CCJ - they wont go away!!


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Can i just say thanks again to everyone who helped out here so far

 

I'm sure we are all pleased to help, as soon as you here anything please come back here for help.!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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you have check www.trustonline.org.uk

just to ensure these buggers haven't got one in by the backdoor?

 

have you moved since the org case 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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be very careful then.

 

it'll cost lots to search every address

 

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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Hi Yorkshirecagger.

 

As Tinkerman said tread carefully on this one.

 

The first thing they are trying to do it to make you pay something.

 

This then gives them a solid case to go back to the court with as in essence you reactived the dormant CCJ.

 

In the past when dealing with Merit finance the best thing to do is nothing and ignore it as they are chasing their old loan book they brought back in 2001/2002

when ICF went bust.

 

To help add to your records

Chivers are Chivers Easton Brown Solicitors who Merit passed their CCJ debts to collect.

 

It seems they couldn't find you so archived this case.

 

Also Merit will have a copy of the CCJ and will have passed this on to TBI.

 

Now it seem Merit have sold this to TBI along with a whole batch of others that they couldn't collect on.

 

I would definitely not pay or acknowledge any of the debt and ask for the proof.

 

Do not pay anything to them unless instructed to by the court

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  • 4 weeks later...

Hi I have exchanged a few letters with TBI.

 

Since the advice from Brig I sent them two letters, there has been some exchange discussing identity documentation and original application forms which I wont go into and more importantly regarding the main points made here in the forum they wrote -

 

We refer to the above matter and the letter dated xyz...to Kevin Edgar of our client company. Please ensure all further correspondence is sent to ourselves.

We are currently awaiting a copy of the county court judgement and once we receive the same, we will supply you with a copy.

 

We believe that the documentation we have now provided you with, proves without doubt that you did enter into the Loan Agreement with ICF Limited and therefore, we trust that we will now receive your proposals for repaying the sum of £xyz... due to our client company.

 

Should we still fail to receive these proposals, we have been instructed to apply to the court for leave to enforce the judgement debt

 

 

What do you think?

 

Thanks

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Hello YC I'll take a read through the whole thread again in case we've missed something.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks Brig, appreciate your help.

One thing I was wondering - when ICF went bust they would have gone into administration? When they are do they have to write off the debts and if they didnt and could sell them would the administration company have to have had some kind of contractual due diligence to go through ensuring the clients legal interests under contract law were protected?

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they wont get it

 

post 58 refers

 

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...
If there's a CCJ then it can't be statute barred as such. However, as the judgement was more than 6 years ago the claimant would have to go to court to seek enforcement and they would have to explain why they hadn't enforced before. It's very unlikely that they would succeed.

 

Amongst the papers they have sent you is there a copy of the county court judgment with the court stamp on it?

 

Is there anything on your credit file? There shouldn't be.

 

Is that true that your old county court judgements stay with you forever? Can these be sold on or only pursued again by the original raiser of the CCJ?

 

Cheers

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yes but only the original creditor [claimant] might

very remotely

get a chance to enforce after 6yrs

 

very rare though.

 

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 months later...
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