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Business debt to 'New Wave Capital' - served court papers


Larissamj
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use pdfmerge and pdfreducer websites

one mass pdf

we cant be here all night downloading single pages

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Consumer Credit Agreement CCA section 77 x2  yes.....CPR 31 only if there are any documents referred to within the particulars that have not been attached.

 

Andy

 

 

.

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Yes apologies I thought it was a fixed loan as it involves a guarantee and being a business debt

We could do with some help from you.

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He's just received a judgement via email to the business email, saying he must pay the full amount.  So the court obviously haven't seen the AOS I sent via their website.  I was told on the phone to them, that it could be sent via email, have I made a mistake?

 

Edit:  I've just checked and I have got an email receipt for it, I spoke to a woman on the phone and she told me that I could email it. 

 

What happens now?

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So they have judgement by default?

Because The AOS didn't get seen but was in on time? And has not been registered?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I'm guessing that's the case dx100

 

Does this mean the bailiffs will go round?

 

I've just phoned the court and it seems I shouldn't have sent it to Salford, but Northampton business centre, im just going to phone them now

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is this for both of 'you' defendants.

strange how when you rang salford before they didnt correct you where to send the AOS emails too?

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

he's only received one so far (the business) via his accountants, who emailed it to him, but I'm guessing maybe the other is in the post, but obviously can't say for sure yet.

 

yes, I find it strange that they didn't correct me too.

 

I've just been on hold on 0300 1231056 for almost 20mins, then got cut off, so back on again now

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I finally got through to speak to someone at the right court, they told me to forward the email to the correct place and request that it's put in front of a district judge.  He said that might not happen, but worth a try. I've done that.

 

Does anyone know what will happen, if the judgement stays, will the court bailiffs call at his house and take stuff?

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BAILIFFS are not automatically sent

The claimant has to request their use, of which the court informs the defendant AFAIK of the application for enforcement.

 

And there is not right of forced anyway .

 

What address was the business registered at ? The home address?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

good the home and any outbuildings are thus safe eitherway.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Quote

I've just phoned the court and it seems I shouldn't have sent it to Salford, but Northampton business centre, im just going to phone them now

 

But you stated that it was a manual claim...no password.....no stamp...so how could you have acknowledged to Northampton when it wasn't a MCOL claim ? 

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

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5 hours ago, Larissamj said:

I've just checked and I have got an email receipt for it, I spoke to a woman on the phone and she told me that I could email it. 

it might also pay you to fwd this email too so its infront of the judge 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Quite normal as they have a Judgment..the charging order is to secure the judgment by way of their property.

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

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A defence should have been filed.  Consider applying to set aside judgment, against the 2nd defendant at least.

 

Looking at the guarantee, there may just be an argument that no consideration has been given for the guarantee.  Clause 1 of the guarantee states that "we" (Claimant) have entered into an agreement with the debtor. Clause 3 says that in consideration of "our" agreeing to do that the guarantee is given. The impression on the document is that the agreement with the debtor had already been entered into - so what is the consideration for the guarantee?

 

If that argument succeeds (big if, btw) the guarantee claim may well fail.  But the words "permit drawdown" in clause 3 may scupper the argument.

 

That may be sufficient basis to get the judgment set aside.

 

At the risk of upsetting some of my friends here, I suggest that it is time to get legal advice.

Edited by mantis shrimp
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