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    • Guys, we have three days left in which to respond to this.   While I appreciate all the input we've received, at present we seem to be left with more questions than answers so is anyone in a position to advise what to do next please?
    • The only way I can guess that I Go 4 got my details was through a car insurance search website.  At the time of thisCCJ I insured with the RAC,  THEN THE sAGA.  aT NO POINT DID i TAKE OUT INSURANCE WITH ig4 .  They certainly never wrote to me saying I owed them money.  The debt is for £235., so if I did owe,  I would have paid it,  but I knew nothing about it and to this day have never heard from J C International or IG4.
    • Thank you, just received letter back " acknowledging that the account is now Statute Barred, whilst they do not consider that they have breached any law or regulatory guidelines, the account has been withdrawn from their regular collections process and closed. You won't be contacted by us our agents regarding this matter".   Thank you all for your help, nice to finally get it settled.
    • The points are that you believe that a person or court hearing a Statutory Declaration has the option of rejecting it if he or they believe it is untrue. You must presumably believe that the person or court has a duty to question (perhaps more properly, cross-examine) the person making the declaration. You started by saying this about the declaration as a whole then went on to concentrate on the 21 day rule. I asked you to let us know how you have arrived at that conclusion. In particular I asked why you had provided specific advice to the OP in the original thread (a) that she was likely to be questioned about whether she really did not know of the proceedings at all and (b) if she did not know at all, that she was likely to be questioned about whether she really found out less that 21 days before she makes her SD. I suggested it was unwise to warn the OP of something which would not happen. As far as I can recall you suggested that S14 of the MCA provides for SDs to be rejected if they are not satisfied as to its truth and I asked you to show me where the legislation is that provides for this (because it's certainly not in S14).   The position is that a Statutory Declaration must be heard if made within 21 days of the defendant finding out about the conviction and it will be accepted unchallenged. If it is made outside 21 days the defendant states why as part of the declaration. If the court agrees that the reason it was late (as stated by the defendant and without challenge) is acceptable it will hear the Declaration and once it is heard it will be accepted without question. For the final time, the making of a Statutory Declaration is not a court hearing and apart from being satisfied, in the case of a late declaration being made, that the reason (as stated by the defendant) is acceptable, those hearing it have no discretion but to hear it and sign it to say they have done so. No orders are made; no decisions are made; no discretion is available (apart from the 21 day matter I mentioned).   To emphasise the difficulty your misleading information has caused, the latest post from the OP on the original thread says this (when considering her court appearance on Wednesday):   I am hopeful that they will accept that I knew nothing of the earlier proceedings...   She should not have no worry about that because the court has no option but to accept her declaration that she knew nothing of the proceedings. However, because of your advice she has. I am, once again, about to allay her fears on that score and it would be useful if you didn't tell her otherwise.    
    • So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford?  Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 
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steven4064

Steven4064 v Goldfish *** WON ***

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Hi HIUTH

 

I'm sure this apporach would help - reclaim charges from Goldfish and make Cabot prove they have the right to collect the debt from you.

  • Haha 1

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Congratulations Steven4064. I have been following your thread as I am attempting to get my charges back from G E Money. I am now at the stage of filling in a N I. I am in need of advise regarding the schedule of charges. I understand the principle of compound interest which G E Money use. My query is: I have calculated the total they owe as follows:

Stage 1 Charge (15 pounds )x rate of compound interest x number of days = xx

Stage 2 xx plus charge x rate of CI x no. of days

this continues upto last date you are claiming for

 

The accumulated total is then the amount you chase them for.

 

Can you also add the 8% or are you barred as this is compound interest?

 

My other question. Does this come under the terms of 'restitution.

 

Regards

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THomas

 

The formula for compound interest is

 

charge * (1+ daily rate of interest)^no of days - charge

 

If you are using this as an estimate of the interest they charged you on the charges, then you can add 8% simple interest on top when you claim in court.

 

If you use the advanced spreadsheet in the templates library, it calculates it for you.


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks Steven4064. I am now ready to complete my forms and forward to the court and send copies to G E Money. I am crossing my fingersfor good luck.

 

Regards

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Steven im in the process of helping my OH claim back her charges from Cap one, would appreciate some advise:

 

http://www.consumeractiongroup.co.uk/forum/capital-one/154181-hadituptohere-oh-capital-one.html#post1641366

 

Thanks Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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hiya steven4064

 

just seen this and belated congrats, i loved your own spreadsheet, it was so easy - fab will click on your scales on that

 

also - will try and follow your lead learned so much today my brain is hurting lol

 

will be back to ask more questions when i need to and thanks for showing others how it can be done so positively.

 

ciao laters maz

 

ps sorry its telling me i cant give rep to the post>> ? how odd, anyway thanks, maz


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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