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    • Should have ignored them from day one    Never give them pers financial details only a judge can demand said    Send them a cca request They'll never have a signed agreement. Bye bye debt   dx    
    • As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 
    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.    The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.    There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect.    Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.    I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.    thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.    As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!      I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
    • Hi not sure if I'm posting in the right place here so apologies if I'm not. I don't know if anyone can help but basically my mum has been living in her house since 1997 and there is a piece of land that she has used and looked after since moving in there.she was a tenant in the house until she bought it around 5 years ago. She has recently tried to claim the land through the land registry (possessor title I think) however she had something back from them saying her landlord from when she was renting would be allowed to claim the title for the land or she would have to start her 12 years wait again from.when she purchased the property. Is there anyone that can give some.advice on this as I don't see why her previous landlord could.claim the land when they weren't the ones looking after it. Any advice is appreciated. Thankyou
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Find out here if your local court is staying claims


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Cant beleive what i've just read-i received acnowledgement of service and intention to defend the claim from Cap One on the 9th Aug. I filed at Leicester CC does this mean my claim will be stayed??? i thought credit card claims were still ok-i'm soooooo close!!!!!!

From what you have typed it just means you have received notification that the bank are going to defend your claim - they should send a copy of their defence too

 

Credit card claims should not be stayed but if they are yhou will receive notification of this. if this does happen you should write to the court & explain the waiver does not apply to c/cards.

 

hope this answers your Q? :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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It would be very useful if you could post what your local court has told you regarding stay on claims due to the OFT report. We dont need to know what the banks said, we all know they will just tell us that they have a stay and that is that.

I am Hoping that this list will help in our argument to have stays set aside, by demonstrating to judges that (at the moment) the majority of courts are continuing with claims on a case by case basis, which is a fair and just way to continue.

Remember that if your claim is involving a credit card claim, then it should NOT be stayed, and if it is you should appeal this decision immediatly.

I also hope to raise the awareness a bit, it may give us all a bit of hope if anyone was fearing the banks letters were right saying all cases were stayed when in fact they werent.

 

All the below seem to be playing by a case by case basis and appear to be all proceeding as normal with current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

 

1. Aldershot & Farnham County Court,

2. Bishop Auckland County Court,

3. Blackburn County Court, NEW CLAIMS BEING STAYED

4. Bow County Court,

5. Bristol County Court, NEW CLAIMS BEING STAYED

6. Caernarfon County Court,

7. Chichester County Court,

8. Clerkenwell and Shoreditch County Court,

9. Croydon County Court,

10. Gloucestershire Family and Civil Courts,

11. Grantham County Court,

12. Hitchin County Court,

13. Hull County Court,

14. Ipswich County Court,

15. Keighley County Court,

16. Kettering County Court,

17. Lancaster County Court,

18. Leeds Combined Court Centre,

19. Liverpool Civil and Family Court,

20. Medway County Court,

21. Milton Keynes County Court,

22. Newcastle County Court,

23. Northampton County Court,

24. North Shields County Court,

25. Norwich County Court,

26. Oxford Combined Court Centre,

27. Romford County Court,

28. Salford County Court,

29. Scun.thorpe County Court,

30. Slough County Court,

31. St.Helens County Court Merseyside

32. Stoke-on-Trent Combined Court,

33. Sunderland County Court,

34. Thanet County Court,

35. Warrington and Runcorn County Courts,

36. Watford County Court,

37. Wellingborough County Court,

38. Welshpool and Newton County Court,

39. Weymouth and Dorchester Combined Court Centre,

40. Woolwich County Court,

41. Worcester County Court,

42. Wrexham Count Court,

43. York County Court

 

All the below courts have said SOME cases will be stayed whilst the outcome of the test case is decided, this affects current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

 

1. Altrincham County Court,

2. Ashford County Court,

3. Barnsley County Court,

4. Bournemouth County Court,

5. Bury County Court,

6. Carlisle Combined Court Centre,

7. Chester County Court,

8. Derby Combined Court Centre,

9. Hastings County Court,

10. Mansfield County Court,

11. Morpeth and Berwick County Court,

12. Rotherham County Court,

13. Scarborough County Court,

14. Sheffield Laws Courts,

15. Stockport County Court,

16. Wandsworth County Court,

17. West London County Court,

18. Winchester Combined Court,

 

All the below courts have said ALL cases will be stayed, whilst the outcome of the test case is decided this affects current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

 

1. Birkenhead County Court,

2. Blackpool County Court,

3. Bolton Combined Court Centre,

4. Bradford County Court,

5. Brighton County Court,

6. Canterbury Combined Court Centre,

7. Cardiff Civil Justice Centre,

8. Chorley County Court,

9. Doncaster County Court,

10. Exeter Combined County Centre,

11. Gateshead County Court,

12. Guildford County Court,

13. Halifax County Court,

14. Leicester County Court,

15. Luton County Court,

16. Maidstone Combined Court Centre,

17. Nottingham County Court,

18. Oldham County Court,

19. Peterborough Combined Court Centre,

20. Plymouth Combined Court,

21. Poole County Court,

22. Preston Combined Court Centre,

23. Rhyl County Court,

24. Rugby County Court,

25. Southend County Court,

26. Taunton County Court,

27. Telford County Court,

28. Torquay and Newton Abbot County Court,

29. Weston-Super-Mare County Court,

 

The situation at the below is still unclear:

 

1. Aberdare County Court,

2. Aberysthwyth County Court,

3. Accrington County Court,

4. Aylesbury County Court,

5. Banbury County Court,

6. Barnet Civil and Family Courts Centre,

7. Barnstaple County Court,

8. Barrow-in-Furness County Court,

9. Basildon Combined Court,

10. Basingstoke County Court,

11. Bath County Court,

12. Bedford County Court,

13. Birmingham Civil Justice Centre,

14. Blackwood County Court,

15. Bodmin County Court,

16. Boston County Court,

17. Brecon Law Courts,

18. Brentford County Court,

19. Bridgend Law Courts,

20. Bromley County Court,

21. Burnley Combined Court Centre,

22. Burton-upon-tweed County Court,

23. Bury St Edmonds County Court,

24. Buxton County Court,

25. Cambridge County Court,

26. Carmarthen County Court,

27. Central London County Court,

28. Chelmsford County Court,

29. Cheltenham County Court,

30. Chesterfield County Court,

31. Colchester County Court,

32. Consett County Court,

33. Conwy and Colwyn County Court,

34. Coventry Combined Court Centre,

35. Crewe County Court,

36. Croyden County Court,

37. Darlington County Court,

38. Dartford County Court,

39. Dewsbury County Court,

40. Dudley County Court,

41. Durham County Court,

42. Eastbourne County Court,

43. Edmonton County Court,

44. Epsom County Court,

45. Evesham County Court,

46. Gravesend County Court,

47. Great Grimsby Combined Court Centre,

48. Harlow County Court,

49. Harrogate County Court,

50. Hartlepool County Court,

51. Haverfordwest County Court,

52. Haywards Heath County Court,

53. Hereford County Court,

54. High Wycombe County Court,

55. Horsham County Court,

56. Huddersfield County Court,

57. Huntingdon County Court,

58. Ilford County Court,

59.Kendall County Court,

60. Kidderminster County Court,

61. Kings Lynne County Court,

62. Kingston-upon-Thames County Court,

63. Lambeth County Court,

64. Leigh County Court,

65. Lewes Combined Court Centre,

66. Lincoln County Court,

67. Llanelli County Court,

68. Llangefni County Court,

69. Lowestoft County Court,

70. Ludlow County Court,

71. Macclesfield County Court,

72. Manchester County Court (Crown Square)

73. Manchester County Court (Deansgate)

74. Melton Moybray County Court,

75. Merthyr Tydfil Combined Court Centre,

76. Middlesbrough County Court,

77. Mold County Court,

78. Neath and Port Talbot County Court,

79. Nelson County Court,

80. Newark County Court,

81. Newbury County Court,

82. Newport (Gwent) County Court,

83. Newport (Isle of Wight) County Court,

84. Northwich Magistrates and County Court,

85. Nuneaton County Court,

86. Oswestry County Court,

87. Penrith County Court,

88. Penzance County Court,

89. Pontefract County Court,

90. Pontypool County Court,

91. Pontypridd County Court,

92. Portsmouth Combined Court Centre,

93. Rawenstall County Court,

94. Reading County Court,

95. Redditch County Court,

96. Reigate County Court,

97. Salisbury Crown and County Court,

98. Shrewsbury County Court,

99. Skegness County Court,

100. Skipton County Court,

101. South Sheilds County Court,

102. Southampton Combined Court Centre,

103. Southend County Court,

104. Southport County Court,

105. Southwark County Court,

106. St Albans County Court,

107. Stafford Combined Court Centre,

108. Staines County Court,

109. Stourbridge County Court,

110. Stratford-upon-Avon County Court,

111. Swansea Civil Justice Centre,

112. Swindon Combined Court,

113. Tameside County Court,

114. Tamworth County Court,

115. Teesside Combined Court Centre,

116. Trowbridge County Court,

117. Truro County Court,

118. Tunbridge Wells County Court,

119. Uxbridge County Court,

120. Wakefield County Court,

121. Walsall Hearing Centre - County Court,

122. Warwick Combined Court Centre,

123. Whitehaven County Court,

124. Wigan County Court,

125. Willesden County Court,

126. Wolverhampton Combined Court Centre,

127. Workshop County Court,

128. Worthing County Court,

129. Yeovil County Court,

 

IF YOU HAVE HAD YOUR CASE STAYED CLICK HERE TO FIND OUT WHAT TO DO NEXT AND HOW TO APPLY TO HAVE STAY SET ASIDE

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Spoke to a very nice lady at Keighley CC last Friday. She rang to tell me I'd not put the defendants full name on the N1 and would I like to drop in another corrected copy. She also mentioned all these cases were going before a DJ and would be stayed more or less automatically, however I haven't yet received any notice from the Court so I'll be chasing early next week.

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From what you have typed it just means you have received notification that the bank are going to defend your claim - they should send a copy of their defence too

 

Credit card claims should not be stayed but if they are yhou will receive notification of this. if this does happen you should write to the court & explain the waiver does not apply to c/cards.

 

hope this answers your Q? :)

 

Yes thats right-i've received intention to defend.Dont know if you've ever dealt with Cap One before but apparently they acnowledge the claim,say they are going to defend,then pay up! So i should be payed back any day now really I wouldnt put it past them to try and get this stayed-just got a bit worried with it saying on here that ALL claims in Leics are being stayed !

Thanks for the help.

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Rotherham CC - 2 cases stayed

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Our Winchester case has now been officially stayed. :-(

Claiming £590 in unauthorized OD fees, and £100 in interest from Barclays.

 

Remember "He who pays the piper calls the tune" well I've paid Barclays far too much so bloody well dance!

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Rhyl County Court.

 

Due to submit my bundle next week so checked with Rhyl County Court if case still proceeding as listed.

 

Advised that all these cases have been transferred to Cardiff Civil Justice Court and are being stayed.

 

Have asked for confirmation in writing.

 

Will advise content of letter when received.

 

Regards

jdaraf

John Mac

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Bad news for me, Oldham are staying all

 

Oldham is where my case is to be heard, however, i have already submitted an objection of a stay to them, cobbetts have while the 24th August to submit the documents the judge has ordered.

So im hoping I've got in there first, and the judge grants my objection:)

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Judge Harris at Redditch County Court granted a stay for Halifax today who had not even submitted a court bundle and sent a barrister from London.He would not allow me to speak as a McKenzie friend ,even though I was submitted as one in a letter with the AQ (so my pal was totally flumuxed). I submitted a bosting 4 page letter against the guessed it would happen stay,it was as though he had never read it.He hates bank cases and this the second time I have unfortunately had the displeasure of meeting him. He is the most rude,arrogant,buffoon I have ever met,yet other judges there are very fair. Cased stayed to submission after 28th February 2008

Leech

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http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

click my scales if you think i am helpful ! yes LHS down there !!

Once more into the breach dear friends,once more

or close the wall up with our banks dead ,

The games afoot,follow your spirit and upon this charge

Cry 'God for Harry' England and St George

Henry V battle of Agincourt 1415

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My case was stayed yesterday and I wasn't happy. This afternoon I, too, faxed and emailed a four page letter to the judge requesting he/she deny the application for a stay and also that as the Defence have not submitted any evidence documentation whatsoever, then please consider striking out the case.

 

I am not too optimistic that this will have had any affect and I was told a response and further order from the court won't be sent out until Monday as there is no judge sitting tomorrow.

 

You never know.......................

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Gutted for you both, so sorry. leech, any point applying for the stay to be lifted so that you can transfer claim to another court rather than risk coming before crap judge like harris again....

 

Have been thinking about the merits of this for people...most claims are in claimants' home courts - defendants are not asking for transfer, although they are entitled to. those in courts which are staying - why not ask for stay to be lifted and an order for transfer to x court, whichever one is also convenient to you but IS hearing cases - asking for this in the interests of natural justice and in pursuit of the requirements of the overriding objective?

 

Judges might have a different take on it if their work is being taken away from them. So annoying:mad:

 

transfer doesn't cost anything btw

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