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      By stu007 · Posted

      Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
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      Summons to court for a S87 (1) offence

      By Debt_Collector · Posted

      Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • dx100uk
      Homeowner - Struggling to now pay minimums on unsecured debt

      By dx100uk · Posted

      stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
    • BazzaS
      Summons to court for a S87 (1) offence

      By BazzaS · Posted

      Sleep apnoea: used to require the condition  to be “completely” controlled Sometime before June 2013 DVLA changed it to "adequately" controlled. I have to disagree with MitM regarding the effect of informing DVLA and S.88 A diagnosis of sleep apnoea doesn't mean a licence wont be granted, and, indeed, here it was. If the father sought medical advice (did he?) : this is precisely where S.88 applies https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf p.4 for “new medical condition” It is shakier ground if the opinion of a healthcare professional wasn’t sought. in that case it is on the driver to state they believed they met the medical standard to drive. However, the fact the licence was then later granted can be used to be persuasive that the driver’s belief they met the standard was correct. What was the other condition? And, just to confirm, at no point did DVLA say the licence was revoked / application refused? I’d be asking DVLA Drivers’ Medical Group why they believe S.88 doesn’t apply. S.88 only applies for the UK, incidentally. If your licence has expired and you meet the conditions for S.88 you can drive in the U.K., but not outside the U.K. 
    • SPM87
      Homeowner - Struggling to now pay minimums on unsecured debt

      By SPM87 · Posted

      So you think not pay until DN then pay something to the oc to delay selling to dcas?    then go from there? 

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

guarantor - got CCJ by default - HELP

gupta

By gupta
in Financial Legal Issues

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gupta

gupta

Posted
Posted (edited)

hi,

im new to this thread,

need some urgent help

 

,it all started in 2009 when family member started buiseness.

unfortunatley the buiseness folded in 2011.

then suddenly i started to get letters from national westminister bank for £15k overdraft payment.

 

after enquiring with them

they said i was reponsible for the dept as i was the guarantor.

 

this was a shock to me as i never signed the guarantor documents.

 

they asked me to produce 5 signatures of mine, which i posted to them.

 

then i got the shock of my life when they went to court in my absence and got the ccj against me by shakspears solcitors on behalf the bank.

 

they also wanted the charge on my property.

 

then i wrote to court to have the case put on side as i was not aware of the situation and never received any papers to appear in court.

 

i had the hearing on the same day as hearing for the charging order which was on the 19/06/ 2013.

 

i went to court and judge did put the case on side as the judge did not think the signature matched that was on the guarator documents.

 

then the judge did tell me to notify the fraud squad about the situation which i did.

 

the judge also told the claiment to investigate on the signature and gave 8 weeks.

 

yesterday i got a letter yesterday saying the fraud squad have said there is no fraud involved in it.

 

need help what do I do now.

 

i'm worried.

Edited by dx100uk
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AndyOrch

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Posted
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Hi gupta and a warm welcome to CAG.

 

I will relocate your thread to the appropriate forum..

 

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Andy

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renegadeimp

renegadeimp

Posted
Posted

You need to contact actionfraud. The bank will only be looking out for themselves

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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gupta

gupta

Posted
  • Author
Posted

hi. i been talking to the fraud squd from the one who has reported as saying no fruad has taken place, there answer was because i never had the account and because no money was taken out there was no fraud involved in it. they asked me for the account no for the fraud reported but that didnt match the acc.no. which was on the guarantor statement. thats when they told me to go to the branch with id and tell them to ring us while your in there. is that ok to go there.

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renegadeimp

renegadeimp

Posted
Posted

You mean go to your bank? If so, then yes, its ok. As the bank would call for you and pass the phone for you to answer questions.

 

 

You still need to contact actionfraud, as you have been given a CCJ and someone has forged your name on the documents. Dont wait for the bank to finish investigating, contact actionfraud, tell them what you have told us, and get that crime number. Once you have the crime number, give it to the bank and youll notice how they sit up and shift up a gear.

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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The Mould

The Mould

Posted
Posted
hi. i been talking to the fraud squd from the one who has reported as saying no fruad has taken place, there answer was because i never had the account and because no money was taken out there was no fraud involved in it. they asked me for the account no for the fraud reported but that didnt match the acc.no. which was on the guarantor statement. thats when they told me to go to the branch with id and tell them to ring us while your in there. is that ok to go there.

 

The fact is, that if you did not sign the guarantee agreement in question, then you are not liable for sum amount claimed. See - Statute of Frauds 1677, which apply to this case. Forget the fraud Squad, but retain all written documents received by them. At the present time, based upon the material posted here by you thus far, this is a civil matter; if you did not sign the guarantee as alleged, then you simply defend the same and invoke Statute of Frauds 1677 - that is; agreements of guarantee must be in writing and signed by the gurantor to such (that would be you), which, based upon your postings here, has not been proved.

 

Kind regards

 

The Mould

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renegadeimp

renegadeimp

Posted
Posted
The fact is, that if you did not sign the guarantee agreement in question, then you are not liable for sum amount claimed. See - Statute of Frauds 1677, which apply to this case. Forget the fraud Squad, but retain all written documents received by them. At the present time, based upon the material posted here by you thus far, this is a civil matter; if you did not sign the guarantee as alleged, then you simply defend the same and invoke Statute of Frauds 1677 - that is; agreements of guarantee must be in writing and signed by the gurantor to such (that would be you), which, based upon your postings here, has not been proved.

 

Kind regards

 

The Mould

 

Sound advice. But if the OP genuinely didnt sign the guarantor documents, yet they have been signed by another party, then it does become a criminal case.

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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Mike_hawk

Mike_hawk

Posted
Posted

Do you have a copy of the order following set aside? Would be useful to see whether the bank was ordered to respond to the court.

 

Not sure who heads up the banks fraud dept, the previous incumbent left when the unit relocated.

 

I suppose the bank could argue there is/was no fraud involving the parties at the hearing....if it accepts you are not the guarantor and discontinues the case. Very much depends on the order and how the bank interpreted the investigation it was to undertake.

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The Mould

The Mould

Posted
Posted
hi,

im new to this thread,

need some urgent help

 

,it all started in 2009 when family member started buiseness.

unfortunatley the buiseness folded in 2011.

then suddenly i started to get letters from national westminister bank for £15k overdraft payment.

 

after enquiring with them

they said i was reponsible for the dept as i was the guarantor.

 

this was a shock to me as i never signed the guarantor documents.

 

they asked me to produce 5 signatures of mine, which i posted to them.

 

then i got the shock of my life when they went to court in my absence and got the ccj against me by shakspears solcitors on behalf the bank.

 

they also wanted the charge on my property.

 

then i wrote to court to have the case put on side as i was not aware of the situation and never received any papers to appear in court.

 

i had the hearing on the same day as hearing for the charging order which was on the 19/06/ 2013.

 

i went to court and judge did put the case on side as the judge did not think the signature matched that was on the guarator documents.

 

then the judge did tell me to notify the fraud squad about the situation which i did.

 

the judge also told the claiment to investigate on the signature and gave 8 weeks.

 

yesterday i got a letter yesterday saying the fraud squad have said there is no fraud involved in it.

 

need help what do I do now.

 

i'm worried.

 

It would appear to me that one of your family members has forged your signature on the Guarantee Agreement, the Judge clearly picked up on this.

 

You need to have a serious talk with your family member who started this business, further, I would advise you to instruct a hand writing expert to act as your expert witness should this matter continue further. The forensic document examiner would require at least 12 of your original signatures for comparison against the suspect/questioned signature on the Guarantee Agreement, this would cost you apprx £1k up to around £1,500k.

 

Kind regards

 

The Mould

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gupta

gupta

Posted
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Posted

thanx for that m8.its says and upon the court being satisfied the application to set the judgment aside was madepromptly and it appears the defendant may have reasonableprospect of succesfully defending the case. it is orderedthat.1 the jugement against myself be and is hereby set aside.2 the interim charging order be discharged. 3 the case be stayed for 8 weeks to allow the claimant to investigate the defendants claim the signeture on guarantor is not his.

4the claimants solicitors to notify the court not more then 7 daysafter the expiry of the stayperiod the outcome of the stay.

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Mike_hawk

Mike_hawk

Posted
Posted

Might be an idea to check if shakespears filed a response with the court in good time.

 

Have you reported the matter to the police? Clearly somethings amiss, you would hope a responsible business would refer the case itself but it may cause it embarrassment.

 

Wouldn't place much confidence in any investigation carried out by the bank, it has a habit of contradicting reality.

 

Short term I believe you should report the matter (if not previously done so) and press the claimant for its current position.

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gupta

gupta

Posted
  • Author
Posted

thanx again, i did phone action fraud squad and they told me they couldnt help as there was no money involved in it. no i have not reported to police but i have received the letter from the court saying that, 1 the claiments claime stayed until 26 september. 2 the claiments solicitor will notify the court not more then 7 days after the expiryof the stay period the outcome of the stay, and will file proposed directions agreed with the defendant if possible.3 the parties have liberty to apply.

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Mike_hawk

Mike_hawk

Posted
Posted

Perhaps a sar to the bank would be useful.

 

The dates you posted threw me, hearing on 19th June, 8 week stay ordered to 26th September... did it really take the court 43 days to process and serve following the hearing?

 

Which contact number did you call at actionfraud?

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gupta

gupta

Posted
  • Author
Posted

thats correct, but they went and ask for further extension of stay. the no. i called was 03001232040. dont you think sar to the bank might to long to reply, what if the court hearing takes place any earlier. many thanx for help

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