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    • It's fine. Someone who deals with this more often than me will know.   HB
    • OK, your notes make sense but the outcome depends on what time you're given to voice your concerns.    I'd mention that HMRC have repeatedly failed to address your concerns that they repaid tax for an EIS Company that simply didn't exist - totally negligent !   Great bit of video given by Mr Wilde (bald HMRC guy) admitting they failed to even check if an EIS Sceme even existed or was genuine and this was criticised by the MP. Well done to UncleB for finding this.   Probably too late to fwd this to the FTT but no harm in trying.   Good luck !  
    • Two further letters from Lloyds Bank. They state the terms offered in the Tomlin order are "standard", I think they left out the part where they meant standard for their client. My understanding is that the terms of a Tomlin order should be acceptable to both parties. While I could get bogged down in the fact the wording of their proposed terms in their Tomlin order were very wide, and while perhaps not relevant they appear to fit very closely the definition of unfair terms laid out in the Consumer Rights Act, this is probably a waste of time and better saved for the judge should the matter of costs arise. I'm not sure there is really any requirement to reply if one is 100% certain the claim will be awarded, however there is an opportunity to save Lloyds Bank from further wasting the court's time. A proposed reply below.     Lloyds - Defendant - Letters 09.08.22 - Redacted.pdf
    • Hello guys, was hoping to get some advice/help in regards to sorting this debt out.   On the 30th April 2016 I got finance approved on a car through Santander.   on the 7th January 2017 I had an accident in this car and it was written off. The insurance company paid the money straight to Santander Consumer Finance who then said I had to pay up £1047 immediately or they would add a default to my name. I originally agreed to pay £500 for 1 month and the remaining amount the following.   Due to difficulty getting the first £500 together I rang them 3 days after the payment was due and apologised telling them of my difficulty, but they said as I had broken the agreement I now had to pay £2247! I was furious and instead offered to borrow some money from a friend and clear the original amount that same day, they point blank refused to accept that so I told them to get stuffed.   In 2021 I received numerous letters from Cabot and didn’t think anything of it as the default had now come off my record.   This year I have received a letter from Mortimer Clarke with threats of a CCJ.   I then decided to email them this;   Dear Sir/Madam   I received your letter regarding the account indicated above, claiming that I owed a specific amount. I would like to inform you that I do not know of any such amount I owe Cabot Financial (UK).  I would also like to call your attention to the FCA’s (Financial Conduct Authority) Consumer Credit sourcebook that states that: A firm should neither ignore nor disregard a customer’s claim that his debt has been settled and/or is disputed and must stop making demands for payment without providing the customer clear justification and/or evidence as to why the claim is not valid. 7.5.3 A firm must suspend or cease the steps it or its agent takes in the recovery of a customer’s debt where the customer disputes or has settled the debt on valid grounds or what may be considered valid grounds. 7.14.1 If a customer disputes the debt on valid grounds or on what may be considered valid grounds, the firm must re-examine the dispute and provide details of the customer’s debt to the customer in a reasonably timely manner. 7.14.3 If there is a dispute regarding the identity of the borrower or the amount of the debt, it is for the firm (not the customer) to establish, that the customer is indeed the correct person/identity in relation to the debt owed or that the amount is correct under the agreement. 7.14.4 A collection firm must provide the customer with information regarding the outcome of its investigations about a debt that the customer disputed or has settled on valid grounds. 7.14.5 If the customer disputes the debt and the firm who seeks to recover the debt is neither the lender nor the owner, the firm is required to: > (1) Pass the information given by the customer to the actual lender or the owner; or > (2) If the firm was given authority by the lender or the owner to investigate the dispute, the firm is required to notify the lender or owner regarding the outcome of the investigation. 7.14.6   You have not ceased your collection activities whilst investigating a reasonably disrupted or queried debt, a method that is considered unfair and deceptive. Furthermore, by continuing to make demands from me to make payment whilst ignoring/disregarding claims that my debts are disputed or settled, your agency is committing what amounts to psychological and/or physical harassment. In light of this, I am asking that you do not make contact with me regarding the above account without providing me with evidence regarding my liability.   I shall wait for your response confirming that the matter I have presented above is closed. If I do not receive such confirmation, I shall file a complaint with the department of trading standards and may inform the FCA regarding your actions. If necessary, I shall also forward a complaint with the Office of the Financial Ombudsman Service and Information Commissioner.   I look forward to your response.     They replied with a copy of the original finance agreement, however the date of that agreement was 30th April 2016, that would now be more than 6 years.    Furthermore the name on the agreement has been spelt differently to mine and is missing part of my first name.   My question now is how do I respond to this?   Thanks in advance for any advice (I may take a bit of time replying due to work constraints)
    • Hi all,   Due to my own carelessness, I ended up with a 2nd charge on my property, via way of a CCJ, because of a debt (approx. £12k) on an old MSDW credit card. This was back in 2004.   Nobody since has ever approached me about this debt, and I have no idea who owns it. I wrote to Morgan Stanley Bank International Ltd about 6 years ago, and they never replied.    I want rid of this charging order. Does anyone have an opinion on what I should do? Go knocking on Barclaycard’s door, asking if they have the debt? I certainly don’t want to go knocking on the doors of the various DCAs, and inadvertently kick off a feeding frenzy.    All opinions welcome, thanks in advance. 
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HI

 

I had a sherforce high court enforement officer visit me on wednesday, he did not come in and after i talked him to death on my doorstep for 2hrs went away empty handed, i then spent a few hours making phonecalls and kicking up a stink over the fees he tried to add to debt (627.00), after being a pain in the !!! and harrasing sherforce and howdens and anyone else that would listen agreed a much lower enforcement fee.

 

The problem is Sherforce wont take payment and keep giving me a number to call which is constantly engaged, howdens wont take payment as they say it has to be paid to sherforce.

 

I have called both companys on the 2nd,3rd,4th and 5th of april to try and make payment and have an e-mail from Howdens to confirm agreed settlement, i also have a copy of e-mail sent to Howdens advising of repeated attempts to pay and offering once again to make a direct payment to them.

 

Im very confused as to why they are doing this and am wondering if there is anything i can do to force someone to take payment as i desperatly want this debt settled.

 

I cant understand why after taking us to the high court less then a week before we would of had funds to pay them anyway they are refusing to take payment and am very concerned that they may be up to something, is there anything i can do to protect myself from futher action being taken if they are up to something? Northampton court told me to take legal advise but i cant afford a solicitor so was hoping someone on here could help

 

ps ive been telling everyone from my boss to the girl that served me at tescos about the new rights Mr blair would like to give balliffs;)

 

thank you for listening

 

Sam

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Hi

 

Thats what im worried about, i have an e-mail from them confirming the settlement figure but i am not sure if that would stand up in court and also dont really know what i could do about it if they do try to add futher charges.

 

We have just remortgaged to pay off all these debts and if they try anything we just wont have the money to pay them.

 

Would it be in my best intrests to send payment via cheque via special delivery?

 

thanks

Sam

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Hi

 

Thats what im worried about, i have an e-mail from them confirming the settlement figure but i am not sure if that would stand up in court and also dont really know what i could do about it if they do try to add futher charges.

 

We have just remortgaged to pay off all these debts and if they try anything we just wont have the money to pay them.

 

Would it be in my best intrests to send payment via cheque via special delivery?

 

thanks

Sam

 

If you agree the settlement figure that they have quoted, I'd be very tempted to send them that amount (keeping a copy of the letter, and either the cheque stub or postal order counterfoils) just in case they call again.

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Absolutely - if you can afford to pay it, send them a cheque (by specail delivery) stating in your letter "this is in full and final settlement of this account". By cashing the cheque, they will be accepting this payment.

 

I would personally take a photocopy of the cheque, but that's just because I am now becomming ultra-paranoid!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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well im not happy about paying up as the debt was in dispute over an extra item valued at £228 being added to the invoice after delivery, apparantly the kitchen with 14 units actualy had 15 units, not quiet sure where the 15th unit is (somewhere in la la land i presume), we never got the paperwork about ccj and knew nothing about it til the balliff turned up with a high court judgment, still you live and learn

With hindsight i would strongly recommend anyone who opens a trade account reads the small print lol

Fortunatly we were going to pay the bill anyway and do have funds to make payment.

Fingers crossed this will all be over soon, just wish we had got the origianl paperwork from court as have been ripped off and are paying them for the privilage

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What do you mean by not knowing about the CCJ? Was it sent to an alternative address?

 

Give a few more details - it may be possible to apply for it to be set aside, which would mean you could then dispute the debt in court.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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checked with northampton court it was definatly sent to this address, but we never got a thing, if we had got something thru we would of defended as account was in dispute

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I would apply for a set-aside on that basis - the worst they can say is no, then you haven't lost by trying. I think it costs £65, however.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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checked with northampton court it was definatly sent to this address, but we never got a thing, if we had got something thru we would of defended as account was in dispute

 

Exactly the same with me - although at that time there was a postal stike in the Northampton area and mail was taking 5/7 days to get though (of course no one realised this !).

 

Our defence (sent back immediately) arrived the day after the Court hearing !

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Guest ChloeJane

Hi Danny,

 

Sherforce fees are high, but you can argue them.

 

Statutory regulations for Sheriffs and charges are here. together with their regulations. I have argued fees with them and have had them reduced so stand your ground.

 

Legally, they have to accept payment. They cannot refuse payment from you and if you write to claire sandbrook who is the MD make it clear in an email that money is being refused by their company and the fees you seek clarification for. Her email address is [email protected]

 

By Law, there is protocol that the Company must follow before applying for judgement and registering a CCJ. Letters and a demand for payment etc.....if you did not receive these or they did not deal with the complaint of the missing kitchen bit, then you can argue your case for the matter to be set aside as judgement was as it appears, granted by default.

 

The company seeking the money will not deal with you as they have paid money to the HCEO for collection.

 

HCEO's do have much greater powers so while you may have kept him from the door, make sure your application is made with urgency or they WILL be back and your write to the MD.

 

Good luck

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Hi chloejane

 

I did argue their fees and got them reduced to £50, I have that in writing, the company we owe money to will speak to me and respond to e-mail but wont accept payment, Sherforce wont even talk to me just keep telling me that they are no longer dealing with the matter!

 

I have been told that the warrant has been removed by hsmo but until someone accepts payment this thing wont go away

 

Thanks for your advice its much appreciated

sam

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  • 9 months later...

yeop think the watcher's right - this is a business -they left me in a different kind of lurc.

 

thgis numbert they gave you is a call centre- be careful - they are inefficient. they lull you into a false sense of security and then forget to charge and the charges keep rising. keep in touch with sherforce by email and on phone - and keep trying that number....good luck.

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