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    • SPM87
      Homeowner - Struggling to now pay minimums on unsecured debt

      By SPM87 · Posted

      Resume payments with the debt collectors? You say not to pay dca though do you not? 
    • dx100uk
      Homeowner - Struggling to now pay minimums on unsecured debt

      By dx100uk · Posted

      yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • SPM87
      Homeowner - Struggling to now pay minimums on unsecured debt

      By SPM87 · Posted

      This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
    • MafiaCub
      PIP review help

      By MafiaCub · Posted

      In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
    • dx100uk
      Homeowner - Struggling to now pay minimums on unsecured debt

      By dx100uk · Posted

      might of been better to have got them all defaulted 2yrs ago as we carefully explained before then you'd already be 1/3rd there and your current issue would not be one.    

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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

AndyOrch

Posted
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Hi gupta and a warm welcome to CAG.

 

I will relocate your thread to the appropriate forum..

 

Regards

 

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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