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    • Hi I have received not one but three of the same PAP letters (just different amounts and details) from Moriarty Law, allegedly for three different ADCB credit cards taken out in UAE in 2009 for a total debt they claim is now almost 200,000 pounds across the three accounts.  I think I may have had one credit card from them, but there was nowhere near that amount outstanding, if anything, when I left the UAE for good on September 30, 2010. There is a difference with my case, however and I need some advice.  I have lived in Hong Kong since 2012 (I am a permanent resident there) and the letters have been sent to my elderly mother's address, which is where my UK bank account is registered, and have been forwarded to me. Though they are dated August 20 and 21 I only received them yesterday. There are also two follow-up "Final demand before proceedings letter" both dated September 8. In previous years there have only been various DCA letters sent which have all been ignored My queries are this: 1. What would happens if the letters were returned with a note that this person is "no longer lives at this address" - moved abroad” 2. Or should I return the PAP reply form anyway as set out on this forum but with no address on it (it might confuse them with a Hong Kong stamp on the envelope I guess) 3. If I do that, should I send the three forms separately or together? 4. Should I return it saying I have left the country adn not to send any more correspondece to my old address? 5 Or is there any other advice you can give.  I am not sure if I reveal that I am in Hong Kong that could stop UK proceedings, could I have a CCJ in absentia and could it be enforced, or whether could chase me for it in Hong Kong which has a similar statue of limitation law to UK? Thanks for any speedy advice. Time is short because it takes four or five days for post to get between UK and HK.        
    • A step by step guide on how to use the Armed Forces Pension Calculator     READ MORE HERE: https://www.gov.uk/government/publications/a-step-by-step-guide-on-how-to-use-the-armed-forces-pension-calculator
    • Hi   Repair and Support Plan states: If your product goes wrong after the 3rd Repair, you can request a replacement.(The faults must be mechanical they say e.g Hard Drive as opposed to physical/accidental to qualify for replacement/vouchers).   My Laptop has had 4 Hard Drive replacements. They are attempting to claim that a corner being missing when the laptop went in for repair over rides Hard Drive Failure and are therefore claiming my laptop has had only 3 repairs.   Also Well fix in 7 days or replacement-1 of the repairs took almost a month. Ive refused delivery of my `fixed` laptop now for 3 months while arguing to and fro with them that they have breached the support plan and I want replacement vouchers.They are now charging me £50 to store my laptop and are going to dispose of it in 6 days if I dont contact them. Been through usual channels..Consumer advice... just found out they wont participate in ADR. I loathe this company they are a disgrace. Ive paid A support Plan £11 per month for over 8 years. Im aware how bad they are and how many people they have shafted. Anyone any idea where I stand ..what I do?I dont want them to get away with broaching the policy as well as binning my laptop.Im left with nothing.    
    • So it is...... ...but has yet to be determined by a Judge...who would no doubt decide that  Bailey had the use of the vehicle  during the term of the agreement and therefore benefited.   Too risky....I would be happy with this result and leave it at that. 
    • If the claim is private individual against business, the case should be heard in your local court. Did you buy the dress under a business name or your own individual name?
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Foxhollow

Restons Solicitors Advice

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Hi,

 

I have an old credit card debt dating back a few years - I was too ill at the time to deal with it and was taken to court and ended up with a CCJ. I wasn't able to make the payments the court told me to pay but Restons agreed an arrangement of a minimal payment each month to run alongside the Judgement. I have paid each month and never missed a payment.

 

Today I received a letter from them with an 11-page questionnaire about my finances and other personal details - if I do not reply within 7 days they say the arrangement will be cancelled and they will advise the client to begin recovery options including legal enforcement without further notice. They have also stated that I could make a settlement payment and discharge my liability - no hope of that - I am penniless!

 

I haven't defaulted on the agreement and my financial situation is unchanged - what should I do?

 

I never agreed to the amount I was told I owed as much of that was fees and interest that had been added to the account for late payment, admin costs etc. The company knew I was ill and had to give up working but continued to add fees anyway until it was sent to a DCA.

Edited by Foxhollow

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Ignore the letter, they will have to go back to court to change the current arrangement and that will give you the opportunity to then claim all of their charges and fees back. You wont be ordered to pay any more so they will have just thrown good money after bad

basically chrismas is coming up and they need some money for their office party and are hoping you will agree to contribute

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if you fancy reclaiming all of the charges you can do so by suing the card co. As they have sold the debt on they will be chucking money away.

You will need a full set of figures to do this though so you will need to send a SAR to the CC co and get them. If the matter is more than 6 years old it will be harder to progress but nt impossible.

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what did the court order you to pay PCM and have you been paying that?

tell us about the debt too

type

original creditor etc


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Original debt was NewDay Ltd. Court order stated £80 per month - Restons agreed £10 payments, which they said they were offering after reviewing my circumstances and believed it wasn't possible for me to pay the £80. I had said that in response to the court papers and sent a financial statement but this was ignored. Restons letter after the court hearing said that their agreement would not affect the court judgement and payment would remain in line with my circumstances.

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Hi,

 

You need to relax here,

 

I have a CCJ with Shoosmiths and every December receive exactly the same letter as you do. They expect me to fill out all the same BS, (I and E) in order to see if the payments are still affordable. I just give them a call and do it on the phone.

 

So I am told this is now a requirement for them (Courts don't want debt suicides on their hands).

 

I hope this helps

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Thread moved to Financial Legal Issues Forum.

 

 

Its an informal agreement with Restons...not the court...so they dont have to go back to court for a redetermination.....The court set it at £80pm an N245/or N244 redetermination should have been submitted at the time of judgment......to have it altered to an affordable monthly amount...legally...not informally.

 

So in effect you are not complying with the Judgment order and yes they could move to the next stage of enforcement of the judgment.....subject to your financial means execution could be restricted.

 

Charging Order if you own a property.

Attachment of Earnings if your employed

Bailiff/Warrant if you have enough personal goods of value to cover the judgment amount.

 

Complete their form honestly...it should still reflect an affordable payment of £10pm....or alternatively submit your own application to the court and get it on a legal footing to stop the annual threat o gram.

 

Andy


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