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    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
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out of pocket again v rbos


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2 claims with rbos.

 

Claim 1 for £4138 plus interest. Usual letters submitted, reply from sandy watt that"currently considering your claim" No response so MCOL submitted. Ack received on 14th day. Found sandy watt email on other thread - so emailed asking for update on both claims. Received response saying both claims were being looked at.

Offer received this morning for 4138 no interest

 

Claim 2 for £1724 plus interst. Usual letters submitted - no ack received. Was going to issue mcol but lack of funds held me back

Offer received yesterday for 1724 no interest

 

I think i will accept - I assume i wait until funds are received before I inform mcol?

 

My problem is state of my account.

 

rbos have defaulted on all accounts as i am currently above any o/d limits and worrking with DM company to pay all creditors monthly.

 

ac 1 is 6k overdrawn on 5k o/d limit

ac 2 is 0.5k od on nil o/d limit

 

i am also in default on loan and cc payment to them

 

I have agreed a repayment with them previously but have been advised that bank accounts "will be held for repayment purposes only"

 

Now if refunds are made into bank a/c, claim 1 will go a long way towards paying off o/d on a/c 1. A/c 2 would have a positive balance of 1.2k which will be very useful, but my concern is: could this be offser against either a/c 1 or cc or loan arrears??

 

can I insist on cq payment so I can use the money to pay who-ever I want to?

 

Any help will be most appreciated

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2 claims with rbos.

 

Claim 1 for £4138 plus interest. Usual letters submitted, reply from sandy watt that"currently considering your claim" No response so MCOL submitted. Ack received on 14th day. Found sandy watt email on other thread - so emailed asking for update on both claims. Received response saying both claims were being looked at.

Offer received this morning for 4138 no interest

 

Claim 2 for £1724 plus interst. Usual letters submitted - no ack received. Was going to issue mcol but lack of funds held me back

Offer received yesterday for 1724 no interest

 

I think i will accept - I assume i wait until funds are received before I inform mcol?

 

My problem is state of my account.

 

rbos have defaulted on all accounts as i am currently above any o/d limits and worrking with DM company to pay all creditors monthly.

 

ac 1 is 6k overdrawn on 5k o/d limit

ac 2 is 0.5k od on nil o/d limit

 

i am also in default on loan and cc payment to them

I have agreed a repayment with them previously but have been advised that bank accounts "will be held for repayment purposes only"

Now if refunds are made into bank a/c, claim 1 will go a long way towards paying off o/d on a/c 1. A/c 2 would have a positive balance of 1.2k which will be very useful, but my concern is: could this be offser against either a/c 1 or cc or loan arrears??

can I insist on cq payment so I can use the money to pay who-ever I want to?

Any help will be most appreciated

HELP - i want to respond this weekend - can anyone offer me relevant advice please????

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Part of your negotiations with the bank should include the withdrawal of any default entries on your credit reference.

 

You can try for a cheque payment but you can't insist on it, the bank is quite within its rights to offset any reclaimed charges against the debts that are owed by you.

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Part of your negotiations with the bank should include the withdrawal of any default entries on your credit reference.

 

You can try for a cheque payment but you can't insist on it, the bank is quite within its rights to offset any reclaimed charges against the debts that are owed by you.

thanks for the info Kurt. can they offset any of these monies against otherrbs accounts in my name, or just the a/cs the chargre repayment relates to???

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I have gone legal on one of my claims. RBS acknowledged and have until weekend to submit a defence.

From reading other posts it looks like it takes them approx 2 weeks to pay after they have received my letter agreeing to their offer - this will take me to 22/6/07.

What happens this weekend if they have not submitted a defence. should I apply for judjement in default? or just wait another week??

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If you accept their offer, you will have to wait for the cheque, and as Kurt Hampster says they can offset any money agianst other debts ...but if they fail to submit a defence by the time they should, apply for judgement by default, If you get this they cannot use any of the money to offset any debt. It has got to be paid to you then they have to take you to court for any money you may still owe.

 

sparkie

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Thanks sparkie, I may do that. any idea how long it is likely to take from requesting judjement in default, to actual receipt of funds??? also i have an offer from them on another account which I have not gone legal with. If I apply for judjement, and enforce, can they withdraw this offer???

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I imagine they could withdraw the offer on the other account, but then you could claim that ,that action was a retaliatory action not a standard withdrawal, a judge would look unfavourably on this I think, if you had to start another action, just my view , I'm not a legal person, it is only my opinion.

 

sparkie

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defence (6 pages) and request for further information (3 pages)received today from cobbetts.

Info required by 29/6/2007

Is this likely to alter the offer they have made, which I have accepted?/

 

can any one offer any help on this????????

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It's just a case of the left hand not knowing what the right is doing. No it won't affect your settlement offer.

 

Do not stop your claim until the funds are in your account though.

 

The Defence has come from cobblers direct. should I wait until I receive anything from the courts before I respond??

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Cobblers are just acting for the RBS, so if the offer comes direct from RBS then that takes precedence.

 

As regards waiting for the court, again it's not necessary. Once those funds are in your account the whole thing is over, so whatever the court or Cobblers say is immaterial.

 

Once you've received the funds just write a letter to the court explaining that the bank has settled and you are closing the claim. Once they receive that and action it, then all other communications will stop. If they don't and you get more letters from Cobbetts just relax in the knowledge that they mean nothing to you but will be billable to the RBS :D

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Cobblers can't make deadlines, only you or the court can do that.

 

Additionally your claim doesn't come under the auspices of CPR18 so Cobbetts can't ask for anything under the "rules of disclosure".

 

If you are concerned though a brief letter along the lines of "your client has settled with me, now leave me alone" to Cobblers should suffice, though make it clear to them that you will not stop the claim until funds have appeared in your account. Just to be on the safe side send a copy to the court too.

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