Winter Despair

[nanna58]

Re: Winter Despair

ILC panicking is my job.Just follow NTW and Niddy xxxxx

[ScabHunter]

Re: Winter Despair

To answer one question – no, bailiffs will not be raiding your parents' house, not even if it happens to be your address also. It may just about be feasible that bailiffs would become involved if you had a judgment to pay and refused to pay it, but even in that extreme case they do not have the right to raid houses and remove property which belongs to other people.

I take it from what has been said here that these scum just fired off an N1 without any form of Letter Before Action, or without any compliance with the pre-action protocol? Did you receive ANY contact from MKDP before court papers?

SH

[I Love Crisps]

Re: Winter Despair

To answer one question – no, bailiffs will not be raiding your parents' house, not even if it happens to be your address also. It may just about be feasible that bailiffs would become involved if you had a judgment to pay and refused to pay it, but even in that extreme case they do not have the right to raid houses and remove property which belongs to other people.

I take it from what has been said here that these scum just fired off an N1 without any form of Letter Before Action, or without any compliance with the pre-action protocol? Did you receive ANY contact from MKDP before court papers?

SH

They had just sent the usual stuff over the last couple of years and I had sent the relevant template's in answer, this just came out of the blue as I had told them again and again it was unenforceable, they have done the same to this fella aswell...

http://forums.all-about-debt.co.uk/s...Barclaycard%29

[Grassy_K]

Re: Winter Despair

They had just sent the usual stuff over the last couple of years and I had sent the relevant template's in answer, this just came out of the blue as I had told them again and again it was unenforceable, they have done the same to this fella aswell...

http://forums.all-about-debt.co.uk/s...Barclaycard%29

Yes, this seems to be their new way of working - ignore UE agreements and go to court regardless. I hope they get beaten in court again and again with this. At least if people are claiming UE they should by definition be a little more clued up, and have access to advice about dealing with claims, if not this site.

Good luck ILC.

[ATW]

Re: Winter Despair

Ive got the e-mail. Don't worry about this. There is a lot to do and a long way to go before anyone wanders into a court room and that will only happen if you want to fight and it looks like you will win. If it looks shaky then a settlement can usually be negotiated and in that case the closest to a court that you will go is your local post box when you send them a Tomlin Order or Consent Order to court to wrap things up.

[I Love Crisps]

Re: Winter Despair

Ive got the e-mail. Don't worry about this. There is a lot to do and a long way to go before anyone wanders into a court room and that will only happen if you want to fight and it looks like you will win. If it looks shaky then a settlement can usually be negotiated and in that case the closest to a court that you will go is your local post box when you send them a Tomlin Order or Consent Order to court to wrap things up.

Thank you so much for the help, my mind slowly getting back to normal thanks to you and everyone else on here after that bombshell letter...

[I Love Crisps]

Re: Winter Despair

I'm awaiting a reply from Andrew at the moment, but have the day off work and have such a bad feeling about all this, I guess I got cocky over the three years since Niddy said Barclay's was unenforceable, checked what paperwork I have left and I had a clear out about 6 months ago getting rid of all the letters chasing payment etc dont even have one referencing whats going on now, just the paperwork from back in 2011...am I toast? ;(

[nanna58]

Re: Winter Despair

Hang on in there listen to Andrew and Buddy xxx

[nanna58]

Re: Winter Despair

That should read Niddy( doh )

[IF]

Re: Winter Despair

I'm awaiting a reply from Andrew at the moment, but have the day off work and have such a bad feeling about all this, I guess I got cocky over the three years since Niddy said Barclay's was unenforceable, checked what paperwork I have left and I had a clear out about 6 months ago getting rid of all the letters chasing payment etc dont even have one referencing whats going on now, just the paperwork from back in 2011...am I toast? ;(

I see on your Secure thread, you are in now contact with Andrew via email

Hang on in there listen to Andrew and Buddy xxx

That should read Niddy( doh )

.......you made I giggle Nanna

[ScabHunter]

Re: Winter Despair

am I toast? ;(

Not necessarily. There is a long way to go yet. Is the agreement specifically mentioned in the Particulars of Claim? If so, you should be able to request to inspect it under CPR 31.14

A lot will depend here upon the methodology of the claimant. There are claimants who issue court papers like confetti, knowing they will gain many judgments in default, and also that many people do not know the law and will cave in at the first sign of trouble. They issue these claims in the knowledge that they will have to discontinue a percentage as some people will defend and fight. Bryan Carter is one notorious example of a claimant who operates this way. He often discontinues at the AQ stage when he would have to pay more money.

Note that I am NOT saying that these claimants operate in this way, because I just don't know. All I am saying is that there is no guarantee that this is already lost.

SH