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    • I was looking for advice. I have no money. This has been dormant for several years as you can see on Page 1. Am I better to go to mediation, or to carry on and fight the case ? They still have not provided the documentation I requested ? With coronavirus can I email a scanned N180 ?
    • See the document in the following link. Parts 2048 and 2049   https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/864939/admh2.pdf   By declaring the capital asset correctly, you are then enabling the disregard action to take place.n
    • Hi DX,   Thanks for your time and advice.    I really cant remember if / when it was defaulted etc because 20yrs ago my finances were a bit of a mess. I thought I finally cleared everything just with deals with collectors and one debt did go to court and I had a CCJ which I paid in full and is about 9 years ago and no longer on my file.   I started to live in another country for about 10 years and have been back in the UK now for 6 years so I was surprised to see this suddenly crop up on my file a couple fo days ago.   I've attached a pdf with 2 screenshots of Credit Karma screens, the left screenshot is my front page showing the alert for the Halifax and the screenshot shown on the right is how they listed it, almost as if its a live credit card except the Credit Limit shows as £0   Do you know if when I write to them, are the obliged to remove it from the credit ref agencies or will it be on there now for 6 years?   Thanks again for your help Pip credit report.pdf
    • Just a question details below is the filing history  A claim was issued against you on 02/12/2019 Your acknowledgment of service was submitted on 04/12/2019 at 20:28:57 Your acknowledgment of service was received on 05/12/2019 at 08:05:28 Your defence was submitted on 14/12/2019 at 11:45:17 Your defence was received on 16/12/2019 at 01:21:14 DQ sent to you on 15/01/2020 DQ filed by claimant on 04/02/2020 You filed a DQ on 13/02/2020 Your claim was transferred to XXXXXX on 13/02/22020   It states the claimant must pay £55.00 by 19th May and if not the claim will be struck outwith effect from 19th May if the pay the fee the case will be held on 16th June 2020 its states in the letter under section 6, each party must deliver to the other party and to the court copies of all documents on which that party intends to reply at the hearing no later than fourteen days before the hearing.   We think they will pay the £55.00 thinking we may not attend and they get the claim on default not the case we will be fighting all the way     It states in the court papers    The following directions apply   Each party must deliver to the other party and to the court office copies of all documents on which that party intends to reply at the hearing no later than 14 days before the hearings    The original documents must be brought to the hearing   The judge may refuse to consider the documents or take it into account if a copy of it has not been sent to the other party as required by this order   The documents must be sent to the other party and the court must include the statements of all witinesses   So our questions    Copy of all paperwork must be sent to all parties 14 days before the court date ( 2nd June 2020 ) if the claimant fails to pay the fee on 19th May will the case be cancelled as of the 19th May ?      
    • I understand this has dragged on the years, we have tried every thing to resolve this matter, the other party has said they are not interested in talking they confirmed yes we have repaid over the years £13k but they want the full claim amount, the last words were in fact see you in court once we have the CCJ we will have bailiff collect everything you own plain and simple.   My question is we are fighting this and submitted the follows:     A claim was issued against you on 13/03/2020 Your acknowledgment of service was submitted on 24/03/2020 at 19:25:51 Your acknowledgment of service was received on 25/03/2020 at 08:05:23 What is the latest date the defence can be submitted online, is it 14 days from the 25/03/20 = 8/04/20 or 28/04/20    Our defence is based on 2 counts    1, Statue Barred  2, Promissory Note not Executed as Deed and no Consideration taken into account
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hi.

im trying to help my son in law.

 

now the landlord took him to court for £10.000 for the rent and energy bills.

when the court hearing came the judge told them to agree the matter out of court.

the matter was agreed and the money will be paid within 12 months which was agreed by both parties.

 

but the problem arise when he tried to remove his machinery from the premises he wouldn't let him take it.

and now he wants 9 months rent [ £9000] while his machinery was left there on top of the the money he already owed.

but he never said anything about the rent at the time when he left the premises

he said he will remove it when ever he needs the space.

the landlord agreed at the time.

 

the premises is still empty.

bottom line is he hasn't got a job and worried what will happen as he cant pay him anything as he cant open another business without his machines again.

 

can the landlord take charge on his property and make him sell it to get the money.

 

appreciated for all the help.

Edited by dx100uk
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sorry if i have posted in wrong place but, can somebody advice me please.

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Hi.

 

I'm sorry you haven't had any replies yet. I've flagged your thread to the site team in case someone can help.

 

HB


Illegitimi non carborundum

 

 

 

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moved to general legal forum.

 

can you explain a wee bit more about this 'charge'

its not been agreed by the court so I cant see how he can enforce anything without it going back to court?

and make it legally binding


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Has any payments been made since the informal agreement?

 

If not it may be considered he his holding his machinery as security.

 

Does he no longer have access to the property? He really should have moved it when he vacated.

 

Andy


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thanks for reply. no he has not paid any money yet, it was agreed to pay back by end of 2018. the machinery was left at good will. but can he charge £9000 on top of £10000. he already owes.

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So he expected to be there rentfree?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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the agreement was signed by my son inlaw was out of court and the papers was send back to court. he was working on another premises to get the shop ready and when it was ready this problem arise. if it does go to court can he say the machinery will cover most of his dept.

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thats what he thought at the time as there was no rent discussed.the landlord agreed at the time to leave the machinery there until somebody occupied.

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So it was a Tomlin/consent order?

As it had to go back to the court?

 

Nothing about storage charges or future rent?-


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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yes it was tomlin order. nothing about the storage charge.

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Can't add anything to that no


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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ill get more information from him and get back to you. dx100uk.

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So the rent agreement has ended?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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as it stands yes. he wont release it unless he pays extra £9000.

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well obv there was a 'contract' else they'd have been no court case to defend

so is this contract still active?

 

the case was for arrears I assume, only and the contract is still running?

 

bit confused here that your son thinks he can leave stuff in a rented business establishment, and not have to pay for it...


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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when he closed his businesses he handed the keys to landlord with mutual agreement and the contract was terminated as it was for 12 months get out clause, at the time the landlord agreed for the machinery to be left there without any agreement or any rent mentioned. if the rent was agreed or he wanted the rent then why wait for 10 months and not say anything up to now.

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