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    • Hi and Welcome to CAG   I have moved your topic to the appropriate forum Mortgages and Secured Loans please continue to post here.   Have you actually checked your CRAs yourself...you say you have been advised...what is showing ?   Andy
    • Yes not much happening at the moment...you could complete your DQ in the meantime...dont submit until advised by the court.      
    • Hi, has anyone had any experience with Barclays Mortgage options being incorrectly advised? I went on maternity leave 6 months ago and went to Barclays to see what options where in terms of my mortgage. All I was advised was a reduction in my mortgage for 6 months which would result in arrears for six months. I was not advised of any alternative options eg mortgage holiday or interest only. I have now been advised that Barclays have logged arrears and missed payments on my credit file which was not explained to me. I have sought advise from a financial expert who has advised I have been misinformed. Has anyone had any experience with dealing with something similar?
    • I've had a read of the council tax 92 regs (admin & enforc).    Section 2 - seems to cover how correspondence concerning a property should be addressed.    I have the following query:   I notified my council by email (lots of messages to and fro) and sent copy of Order - all got resolved, refunds made, property labelled as exempt.    The next  physical letter for the property I still received (on divert). The letter was not in my name.  It was labelled 'The c tax payer'.    I had not given council a forwarding address.    I had email advised I was temp residing elsewhere - so all communication to me, about me, was to be done just by email.    I had also redacted the bank's name on the Order.   Why would the council - as seen in sar - subsequently send letters addressed to me c/o the bank's address?      The council clearly didn't get the bank's details from me. Is it possible bank 'pretended' to be me, used their address as 'my' forwarding contact address?     The property is exempt - so there is no need for 'my' name to be on council records, let alone c/o the bank. How can I find out what has happened?  And can I easily remove the 'wrong' address attached to my name?   dx - these people are trying all sorts of underhand tricks - they are awful.  A barrister friend likened it to "they think they are above the law; they keep trying to circumvent it for their own purposes - and it won't work".     re: the court - they still haven't served sd and their B petition thus got adjourned.  None of this was disclosed in the sar.      Are they now supposed to locate me and issue a proper sd - before the adjourned case  - which they haven't told me about...    Out of curiosity - in the midst of nationwide lock-down how can anyone be served?
    • you need to use our custom google search box which if does not show on the current page you are viewing it appears after hitting our top square logo and get reading up on like 'parcel lost court claim' or such words you think fit,  to fully understand and get familiar the correct process.   like https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=parcel lost court claim&oq=parcel lost court claim&gs_l=partner-generic.3...442891.450854.0.451334.23.23.0.0.0.0.178.1914.22j1.23.0.gsnos%2Cn%3D13...0.8008j3413106j23...1.34.partner-generic..17.6.601.rSZ-hV4HSXs   though you must be mindful that during and for a longtime after, the current situation we see ourselves in, nothing much might well happen for well on a year as the courts will need to catch up.    re:   
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gilly5001

family and friends borrowing - asking for it back 12 years on...

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hi

wonder if any one can shed some light on a situation. 12 years ago a friend lent another friend some money to set up a business. the friend lending hoped to be involved in the business at a later date. the friend who lent the money later decided she wanted nothing to do in said business as had found other work/ commitments. There was a receipt detailing money being loaned for business. no terms no repayments etc. as yet no payments back have been made as verbal agreement was, by the lender working with the business would recoup money loaned, this did not happen and the business was not successful

the lender now wants the money back, the lendee thinks that she was let down by the lender. where do they stand? Is it statute barred? Does the limitation act cover this type of loan?

TIA

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The money is long gone

Chance of getting money after this time is low to nothing

 

Court would not work after this amount if time passing

Try luck at lottery chances of winning are far higher!


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any advice given is based on experience and learnt from this site :-)

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I'm not sure that I agree with the advice given above.

 

A limitation period normally begins from the date of a breach of contract or breach of a duty to repay.

 

If this is a loan which has been made without any repayment terms and it may well be continuously recoverable.

 

Is it a significant sum of money? Is there clear evidence that the money was given as a loan rather than as a gift?


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Hi

In the case of a loan the statute barred condition commences 6 years after the lender demands repayment of the loan as per section 6 of the statute of limitations. The previous common law position used to be that the 6 year period commenced as soon as the loan was made, this was modified in the statute of limitations.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Yes evidence it wasn't a gift, has asked for money since about a year after loaned. Arrangement that it was beneficial to both parties but lendee feels kept her side and job was offered but declined by lender. Maybe worth pursuing - only evidence is the original receipt of loan 12 years since

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Okay so less than £10000?

 

Is their any legal contract that has been written up for lending of said money?


 

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Well if they asked for repayment 11 years ago and the repayment request was denied without any agreement about it, then the limitation period would run from that time.

 

This would mean that it was well out of time – however as to the value, don't forget that if you could claim, you would be adding 8% per year which might take it over 10,000


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I've just had a look at the Limitation Act – section 6.

 

It seems that a demand for repayment must be made in writing. If the demand 11 years ago was simply made verbally that probably doesn't count.


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I've just had a look at the Limitation Act – section 6.

 

It seems that a demand for repayment must be made in writing. If the demand 11 years ago was simply made verbally that probably doesn't count.

 

Yes by writing only, it is the same section which applies to tacit overdrafts on current accounts.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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ask yourself thi, does the debtor have the means to pay the money back if court action was successful? If the answer is no then why bother. On the other hand if they are swimming in cash then try asking again in a formal way

If the whole thing was considered as venture capital then hard luck to the lender, it didnt pan out.

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This a good point, I have known several cases where friends or family members have contributed towards some venture or other, then when it failed demanded their money back.

 

If it would have been successful they would have been taking their share of the profits though. Many have taken out loans in order to repay because they feel guilty on the account of it being family. Presumably the OP lost money on this venture also.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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