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    • Either party in a marriage can seek an entry on the Land Registry protecting their right to occupy the matrimonial home (/ prevent it being sold from under them!) where the other party in the marriage holds the sole legal ownership (at the Land Registry). There is no need (nor ability) to do this if the legal title is held by both the married people. This harks from the era where the man was the breadwinner / the name on the title, and was to protect the wife from being able to be put out of the matrimonial home and it sold without regard to her rights. Times have rightly moved on, and the matrimonial home sections of the Family Law Act 1996 don’t consider which partner holds the legal title, just that the rights of the other can be protected. https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996/practice-guide-20-applications-under-the-family-law-act-1996   https://www.beestonshenton.co.uk/divorce/matrimonial-homes-rights-is-there-any-point/   Neither has rights over and above the other, it just gives protection to the one who doesn’t feature on the title. It also ceases when the divorce is finalised (where it is expected the financial aspect is also finalised)   So “if she wants him out” : this can’t be forced until the divorce is concluded. What she can ask the solicitor to aim for is: a) how she can get the divorce ASAP (& how long this is likely to be!), b) if a realistic financial settlement is that one of them gets to stay in the house with the children until all the children reach 18 (or 21 if in full time education) : the focus will be on keeping a family home for non-independent children i) if this is likely to be her that stays with children ii) that the other holds a charge / interest in the property but can’t order the house sold until the children become adult / independent.   At some point he will be able to insist on his share of the property, though how much his share will be will depend on the “common intent” between them when they a) purchased it, and b) married. The starting point is 50/50 split, unless it can be shown a different arrangement was agreed or envisioned.
    • Still not heard anything since, i was under the impression that having a letter before action and a letter telling me i have 14 days to respond things would of moved on by now?
    • With his medical issues, he might well end up in hospital before very long.
    • always better not to appeal in 9/10 cases as you shoot yourself in the foot by ID'ing yourself as the driver and lose what protection you had under POFA.. please complete this: and scan up their NTD BOTHSIDES to ONE multipage PDF after carefully reading upload guide. also post up the appeal you sent and their response.   they will know their machine was not working but are just trying to fleece you 
    • there are over 15 erudio claimform threads here with how people have responded to their claim by entering a statute barred defence you need to be reading up as part of the self help of CAG as what to do how to do it whats next how things progress through the differing stages of the claim   dx  
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hitchy1

Robberway sending Do you Live here letter..

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I have received a letter from a Debt collection company asking me to confirm that i live at my address and to contact them.

 

I have recently moved to the address and guess something has alerted them.

 

I am 100% certain that i have no debts or communication with this company in the past 6 years.

 

Should I confirm my address and enquire as to what they want or ignore them?

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check your credit file 

name names too please and whats the debt?

 


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Robinson Way.

I don’t know the debt, it isn’t mentioned. 

 

The letter is stating they need to confirm the person living at the address and to contact them on an important matter.

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No adverse data on my credit file.

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didn't say adverse....

are there any debts showing at all ?

 

but I doubt it as most were in your old stepchange which means they would have been defaulted more than 6yrs so wont show.

 

typically and at a guess i'd say this is your old Barclaycard debt as hoist/robbersway is where most of these get sold too.

the issue is, you've moved numerous times and never updated your debt owners.

so the sniffer dogs are after you.

 

when did you fail the DMP?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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No debts showing at all. DMP failure would be around Apr 2013 when i split with my ex, it was joint.

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So if no debt repayments within last 6 years will be statute barred.

 

If you are sure this is the case, you could send them a  statute barred letter which would also be confirming that you live at the address. This is to prevent them gaining a CCJ by sending claim form to last confirmed address.  And then it would be up to them to argue if they did not believe it was stature barred.

 

Problem might be if the debt was joint with your ex and they have made payments in last 6 years. If this could be the case, it might be worth you just sending a letter confirming you live at the address and requesting statement of account covering last 7 year period.


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Would it be better just to confirm i live at the address for now? There is no mention of a debt in their letter just to confirm who lives at the address.

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Yes and then they will write to you with more information.


We could do with some help from you.

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Thanks, I will do that.

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I have drafted a letter confirming that i am the person who lives at the address but have not included any other details. Should I e mail it or post by recorded delivery?

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neither.and NEVER use e mail for debt or DCA's comms ever..

 

just send std 2nd class


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I have now received a response to my letter.

 

The gist is that this is a credit card debt from 2000 and that the last payment received was £5 in October 2013 to the original creditor.

 

There is a financial sheet attached and they are prepared to accept nominal payments.

Account will be put on hold for 30 days.

 

Im 100% sure that I personally didn’t make a payment but there is a possibility that my ex wife did as part of a debt management plan.

 

Advice on next steps please.

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Scan things up to one multipage pdf

Read upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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So presumably i wait for next communication which will be beyond 6 years and then send the statute barred letter to their next correspondence?

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I moved house recently and received a letter from them asking for confirmation of who lived at the address. I followed the advice in the earlier posts and confirmed via letter who i was and have now received their letter. There have been no other communications or discussions. 

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I do, but not to hand. Again it follows the advice on the thread. I merely confirmed that i lived at the address and nothing else. No mention or acknowledgement of accounts, payments, debts etc. The reply i have uploaded is in response to my letter to them confirming my name and address only.

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well make sure you inform anyone else you have debt/credit with you've paid or used in say the last 7yrs you've moved

else you might end up with backdoor CCJ's you know nothing about till a bailiff is at your door.

 

inc DVLA regarding driving licence and V5C


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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the change to the electoral roll will have triggered this, they dotn actually know if they have the right person but use certain calculations to work out iklihood you are the person they are after. It is common for the to get the wrong person and then blot their credit files instead of the actual person they are after.

However, you seem to recognise this particular problem but as they arent sure they have the right person  wont be in a hurry to press you for payment yet and the timings will work in your favour.

Always use snail mail for any correspondence, do not respond to emails or phone calls

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