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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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Rhibox v Barclays


Rhibox
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Thanks!

I may be back for some more help!!!!

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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When filing with MCOL particulars of claim....

 

(b) Interest per S.69 County Courts Act 1984 of 8% - £579.94 [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

no 5b.. daily rate, how do I calculate this???

 

Sorry being a bit thick, long day in work!

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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I think I have worked it out...

 

Charges - £2710.00 x 0.00022 = 0.5962 daily rate.

 

Charges + 8%apr interst + daily rate until settled = ££££££

 

Is this correct?

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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When filing with MCOL particulars of claim....

 

(b) Interest per S.69 County Courts Act 1984 of 8% - £579.94 [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

no 5b.. daily rate, how do I calculate this???

 

I think I have worked it out...

 

Charges - £2710.00 x 0.00022 = 0.5962 daily rate.

 

Charges + 8%apr interst + daily rate until settled = ££££££

 

Is this correct?

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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Another letter rec'd today from B's offering me the £2030 settlement again! Saying sorry we couldnt sort it out and take us to court then if you want, blah, blah....

Havent answered them and in the middle of filing MCOL.

Can someone confirm this though please...

 

When filing with MCOL particulars of claim....

 

(b) Interest per S.69 County Courts Act 1984 of 8% - £579.94 [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

no 5b.. daily rate, how do I calculate this???

 

I think I have worked it out...

 

Charges - £2710.00 x 0.00022 = 0.5962 daily rate.

 

Charges + 8%apr interst + daily rate until settled = ££££££

 

Is this correct?

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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Thanks Tori!

Ok so...

 

Charges without interst £2710 x 0.00022 = 0.5962 daily rate

 

Correct?

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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In light of everything that has happened today with the lost Lloyds case I have just been making sure mine is all correct before I go any further with it. (In the middle of filing with MCOL)

 

On looking back at my letters I did not include the interest on the charges in the prelim letter (as I was lead to beleive we couldnt untill court proceedings had been started) or the LBA.

BUT.. in the LBA letter I have stated that if they do not comply with request of payment of charges in full, then I will begin a claim against them PLUS interest and PLUS costs.

Now I am filing a claim with MCOL (waiting for few more facts on the Lloyds case today before actually submitting it) I have now added the 8%apr to the charges and will be adding the daily rate untill this it is settled.

 

Please can someone clarify if this is correct before I go any further?

 

Much appreciated!

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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Thanks Dar!

Will wait for more facts on the Lloyds case before going any further yet though!

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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Thanks Dar!

Will wait for more facts on the Lloyds case before going any further yet though!

 

Why? carry on as you would have done. This is one case out of thousands, we do not know all of the facts therefore as has been said many times today it's business as usual:wink:

 

Boo x

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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Hi Rhibox,

Copied and pasted this, DaZ wrote it on another thread, again fantastic advice and should put your mind at ease, Daz is great always gives fantastic advise and is never wrong. So go ahead with your claim, and dont worry.

 

 

Ref the posting about Lloyds. there are a lot of people panicking now about banks going to win..

If the story is read in full, this guy tried to beat the system by using his own path of procedures, didnt follow as advised on here, thus didnt include any substantial POC's, no SOC's and therefore was booted out, he was basically arguing a case with no argument.

People who DO NOT take time to read these posts and advise FULLY ..WILL GET CAUGHT OUT.

These Banks are not stupid, they can tell if a claimaint is trying it on and is not fully competent. if they see weakness in a claim they will push it.

In this case they were successful but ONLY because of the claimants neglegence.

 

Igbo, please dont take this as an insult but please learn from this, I get the impression you are not fully aware of the consequences of not following the correct path.

__________________

my advice is from experience gained from using CAG and claiming myself.

my story

dar3nvbarclays

and

dar3nvB's & beyond

and

LineDancervFD

sigpic107039_2.gif

Phoning to settle? try:

Krysta Campbell

Barclays

Litigation and Disputes

1 Churchill Place

LONDON

E14 5HP

Tel: 02071164753

Fax: 01452638359

email:krysta.campbell@barclays. com

If I've helped have a tinker with my.. scales,,

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Rhi

 

 

Ditto!!:wink:

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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Cheers guys!!

And as I keep saying... keep the faith!!!

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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Just submitted my MCOL claim (at last, been very busy!)

So....

2 copies of charges with interest up to todays date to be sent with covering letter to court.

Then send another copy to Barclays solicitors when I receive the letter stating their address, correct??

 

And I shall start getting my court bundle together this week then!!

Oh happy days!!!

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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Hey Caz!

Thanks!

 

Should I PM a mod with my litigation details as I dont seem to be able to!!

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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Cheers!

Managed to PM a mod now with my litigation details.

And I have just noticed on the last letter B's have sent me saying.... accept our offer or lets go to court....

that they have got my account number wrong!! How rude!!

Can this count in my favour as they cant even seem to get the right details for people anymore!!

Oooh far to busy are we!!? He he!!

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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Adrian St Joh

Level 29

1 Churchill Place

London

E14 5HP

 

Is this the correct address for solicitors for Barclays?

Or should it be Adrian St John???

 

Just checking, sending letter tomorrow with list of charges and to inform them I have filed with court, just out of courtesy obviously!!! He he!!

Barclays - claiming £2710!

Offered £2030! Offer rejected, filed MCOL 21/05/07!

Abbey - Settled!

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