Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

HELP!! Egg/Natwest Debt Collection


Spanrob
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3457 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am hoping you can help me with an ongoing issue i have had over outstanding debts to both Egg and National Westminster Bank.

 

Some years ago i got into some financial difficulty and

found myself unable to pay outstanding monies due to Egg/Natwest.

 

 

Eventually i got taken to county court and in both instances the debts were frozen

with no further interest being added but both took a lien on my property.

 

As a result of this situation i had to take some drastic measures and went to work overseas which proved to be less than satisfactory

and helped to virtually destroy my marriage and send me into a deep depression.

 

 

The debts still remain unpaid but

 

 

i have received demands over the years from various companies

- most recently Arrow Global/Wilkin Chapman Grange for Egg and Drysden Fairfax for Natwest.

 

In the past couple of days I have received a demand from WCG acting on behalf of Arrow Global

threatening court proceedings to force the sale of my property.

Is this kind of letter legal?

My property is owned jointly by my wife and myself.

 

As my original contract was with Egg and not with Arrow Global

can they legally force the sale of my property or indeed repayment of the loan to them?

 

I am new to these forums but have found some very interesting posts and hope that you might be able to assist me.

 

Many thanks

 

Spanrob

Link to post
Share on other sites

Hi Spanrob and a warm welcome to CAG

 

By lien I assume you mean a CCJ and charging order?

 

Was the debts/judgments in your name only ?

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Spanrob and a warm welcome to CAG

 

By lien I assume you mean a CCJ and charging order?

 

Was the debts/judgments in your name only ?

 

Regards

Andy

 

Yes. The accounts and the judgements were in my name only and all correspondence received subsequently has been direct to myself only.

 

Thank you

 

Spanrob

Link to post
Share on other sites

Then the charging order is a restriction placed against your share of the equity (as the property is jointly owned) ie 50% of the equity.

 

The restriction sits as security against the judgment only and is very rare a forced sale happens...subject to the value and circumstances of the judgment.

 

Was Arrow and Drysden not the original claimants?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

The Natwest account was moved from Ascent Legal to Drysden Fairfax in a letter from Natwest (which looks photocopied)

with an attached letter from DF in August this year.

 

 

I cannot remember if Arrow has always held the account for Egg.

 

 

Unfortunately during the time I was overseas any correspondence of this nature was binned.

Very foolish I know but at the time I had too much on my plate.

 

I have also just found some old paperwork that shows Irwin Mitchell were involved prior to that.

Edited by Spanrob
Additional Info
Link to post
Share on other sites

Okay so it sounds like they are the legal judgment creditors now...you can confirm this by checking on line at ...

 

http://www.trustonline.org.uk/ there is a small fee to register.

 

Once you are happy and they are listed it would be advisable to engage with them now to try to agree some kind of payment arrangement plan in view of their recent threats.

 

There is no law that states you must make payment (the charge is security and therefore the judgment has been executed)...but some creditors are not happy to sit and wait to see if you sell the house before they get paid...hence your recent letter.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ok thank you for that Andy.

 

 

My main concern here is that if I make a direct response that they will come after me for more money than I can afford to realistically pay.

 

 

I am also aware that these companies use the fact that they are the newly appointed solicitors to restate any scaring tactics

that might not have previously worked (this has been going on for 8 years).

 

 

If I wanted to make an offer for settlement how should i go about that?

Link to post
Share on other sites

They can only demand the judgment amount (unless the judgment was over 5k which allowed further interest post judgment)

 

Ideally all judgments should be executed within 6 years...executing is a means of enforcing the judgment..they have executed by way of the charging order.

You make a realistic affordable offer..whether they accept or decline makes no odds you have made offer..keep this request and response as evidence should this escalate further.

 

Respond to Arrows letter..what do they want you to do?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

The letter from WCG states:-

 

"We refer to our recent letters and are disappointed that we have not received payment or any proposal for repayment from you.

 

 

We are now considering with our client whether an application should be made to the court

for an order that your property is sold in order to repay the sum outstanding to our client".

 

As mentioned this has been ongoing for 8 years now and i do not see how they can enforce a sale of property that is part owned by my wife.

 

 

They have asked previously for me to complete an income/expenditure form which I am reluctant to do

because I may have to go back overseas which means the information would be worthless.

 

 

Should I consider writing with an offer of settlement as a lump sum.

It is likely to be only 15% of the debt owed but that is about the best I can offer.

Link to post
Share on other sites

The letter from WCG states:-

 

"We refer to our recent letters and are disappointed that we have not received payment

or any proposal for repayment from you.Have they previously asked for any ?

 

 

We are now considering with our client whether an application should be made to the court

for an order that your property is sold in order to repay the sum outstanding to our client".

 

As mentioned this has been ongoing for 8 years now and i do not see how they can enforce a sale of property that is part owned by my wife.They cant

 

 

They have asked previously for me to complete an income/expenditure form which I am reluctant to do

because I may have to go back overseas which means the information would be worthless.

 

 

Should I consider writing with an offer of settlement as a lump sum. Possibly

 

 

It is likely to be only 15% of the debt owed but that is about the best I can offer.

See if they bite otherwise make an arrangement to pay £25 per month by DD

 

The fact is they have judgment and the restriction

..they have the option to sit and wait or push..

.but in all reality you really should be paying something towards the debt as per the initial judgment made over 8 years ago.

..you cant say that they have not been patient:|

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks for that Andy.

 

I have to say you make a fair point about them being patient!

 

I suppose the fact that I was charged exorbitant fees over the years prior to reaching the point it went to court and, added to the fact that it has caused me so much personal misery, has made me feel very angry and reluctant to pay anything, but I need to deal with it.

 

I will write to each of them and make an offer (made with the help of a good friend of mine) and see what they come back with.

 

Will come back to you.

 

Thank you very much for your assistance.

Link to post
Share on other sites

Your very welcome ...far better to resolve this and then you can go away with a clear mind...keep your thread updated to what transpires as this helps other posters in the same position.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...