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  • #91
    Re: Need Advice

    15/2/12
    received notice of transfer of proceedings from NCCBC. To all parties this claim has been transferred to the local ccc for enforcement.

    1/2/12
    advice by national debt helpline make a complain to FOS relates to asking for copy of the agreement not able to comply a/c was then closed and returned to the bank. Did not hear hear anything regarding the debt for 2yrs received a letter from new dca, have sent details financial hardship was refused now going to county court for charging order.

    5/3/12
    received details of the complaint, should hear from the business next few days and final response in writting within 8 wks.


    6/3/12
    acknowledge receipt of complaint from dlc saying will respond within 5days and opportunity to fully investigate the points have raised. (enclosed a copy of their Complaints Procedure for my reference)

    19/3/12
    received reply explained all the steps since dlc started the account & disagree with claims that no contact has been made for 2yrs and closed the a/c and returned it to the "bank". the complaint has not been upheld & remain with Litigation Team please contact them to discuss the next course of action. We trust now resolves the matter confim this by return writing or telephoning await response no later than 5/4/12.

    21/3/12
    I phoned FOS, been advised give dlc a call to check is that final response with the complaint if not request them put it in writing to confim then sent back to FOS can carry further investigation. Immediately phoned dlc saying Lloyds sold them this debts been told isn't anything wrong with the a/c. And advised need further investigation put it in writing.[/QUOTE]

    28/3/12
    received Notice of Adjhourned Hearing...
    TAKE NOTICE that the Hearing has been adjourned until 28/5/2012 at 11:00am at Local CCC When you should attend
    Please Note: This case may be released to another Judge, possibly at a different Court.

    *Niddy can you advise please...good news or bad news??

    Comment


    • #92
      Re: Lovemoney UE Diary

      Originally posted by Lovemoney View Post
      Quote:
      Originally Posted by Lovemoney

      MBNA/Arrow =
      Sky/Barclaycard/Capquest =



      If they've already got a CCJ it would be too late for UE, which accounts have a CCJ?


      Above 2 accounts. can I do something about it?

      Thanks Flowerpower....
      No if they have judgment then you need to sort the judgment - forget the CCA route as they HAVE judgment - are you paying these or not?
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • #93
        Re: Need Advice

        Originally posted by Lovemoney View Post
        28/3/12
        received Notice of Adjhourned Hearing...
        TAKE NOTICE that the Hearing has been adjourned until 28/5/2012 at 11:00am at Local CCC When you should attend
        Please Note: This case may be released to another Judge, possibly at a different Court.

        *Niddy can you advise please...good news or bad news??
        Hiya

        Ermmm - have you spoken to Paul?
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment


        • #94
          Re: Need Advice

          Originally posted by Never-In-Doubt View Post
          Hiya

          Ermmm - have you spoken to Paul?
          No...this changes no sure something to do with my complaint to them previously via FOS regard no agreement.

          Comment


          • #95
            Re: Need Advice

            Originally posted by Lovemoney View Post
            No...this changes no sure something to do with my complaint to them previously via FOS regard no agreement.
            Did I previously give you Paul's contact details?

            Thing is if you have a legal claim against you - what are you doing about it? I suggest you contact Paul - he's the best to help with this.
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment


            • #96
              Re: Lovemoney UE Diary

              Originally posted by Never-In-Doubt View Post
              No if they have judgment then you need to sort the judgment - forget the CCA route as they HAVE judgment - are you paying these or not?
              yes £1 token payment per month.

              According Experian Credit Report only showed 1 CCJ, others not sure went through.

              Niddy I would like to ask as I have a ccj for the accounts taken out about 2005 is it to late to ask for a cca(some I did asked prviously) and as the ccj was granted 2009 if it would have been UE is it just too bad as ccj already issued. Would you please delve into this further but I realise how busy you are so just a yes or no will be great. Many thanks.

              Comment


              • #97
                Re: Lovemoney UE Diary

                No need to delve - they have judgment - end of.

                That's it - door closed! For the record, to get a judgment set-aside is very hard, however to stand any chance you really need to consider it within a month unless you never knew anything about it and have a bloody good argument. If you did know about it and never appealed within the month you're pretty much beat so save the cost of a barrister etc as you won't win.

                Point here is, you've missed this gravy-boat I'm afraid, you ought to look at ways to settle the judgment by increasing the monthly payments or by trying to negotiate a F&F.

                Judgments usually don't show on your Credit Files - check this for accurate details: ---> CCJs, court orders & fines - Search yourself and others - Trust Online

                We already answered this point above, more than once by more than one person! Judgment obtained = forget CCA - too late!

                ONLY if you can satisfy very tight criteria do you have any possibility of appealing for set-aside after 3 years or whatever! I'll find the resources for you.
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #98
                  Re: Need Advice

                  Originally posted by Never-In-Doubt View Post
                  Did I previously give you Paul's contact details?

                  Thing is if you have a legal claim against you - what are you doing about it? I suggest you contact Paul - he's the best to help with this.
                  sure thanks...i will email him later.

                  Comment


                  • #99
                    Re: Lovemoney UE Diary

                    Ok form N244 is the form and the reasons (main ones) are shown below; that allow application to APPLY for set-aside (you will also have to pay the court fee and legal fees if you do this - unless you win in which you can apply for a costs order)!
                    • Were you given 28 days notice in order to pay?
                    • Were you living at the address when the summons and judgement took place?
                    • If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
                    • Did you receive the summons? They are not sent by recorded mail.
                    • Did you receive any notification of the judgement/s made against you?
                    • Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
                    • Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • Re: Lovemoney UE Diary

                      Originally posted by Never-In-Doubt View Post
                      If you did know about it and never appealed within the month you're pretty much beat so save the cost of a barrister etc as you won't win.
                      But he could still get a fatwa declared against the creditor, couldn't he?

                      ONLY if you can satisfy very tight criteria do you have any possibility of appealing for set-aside after 3 years or whatever! I'll find the resources for you.
                      One would suppose the reason would have to involve not being aware of the case, judgement or any attempt to enforce the same because:
                      1. the defendant was out of the country
                      2. the defendant was in a coma
                      3. the defendant was in a lunatic asylum

                      Comment


                      • Re: Lovemoney UE Diary

                        Originally posted by Never-In-Doubt View Post
                        Ok form N244 is the form and the reasons (main ones) are shown below; that allow application to APPLY for set-aside (you will also have to pay the court fee and legal fees if you do this - unless you win in which you can apply for a costs order)!
                        • Were you given 28 days notice in order to pay?
                        • Were you living at the address when the summons and judgement took place?
                        • If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
                        • Did you receive the summons? They are not sent by recorded mail.
                        • Did you receive any notification of the judgement/s made against you?
                        • Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
                        • Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
                        Niddy thanks for this very useful information.

                        Comment


                        • Re: Lovemoney UE Diary

                          I regret not found this helpful, friendly & supportive forum early I done the wrong things cause me all the mess, so now without advise feel nervous to move further.

                          Niddy, sorry i am aware how busy you are, one quick question all accounts without CCA I already send off request and UE accounts send off the Missing PT please confirm should I cancel all the £1 monthly token payment now ( I have been too scared to stop paying in case the creditors get a ccj against me) and wait for their reply then get back to you is that correct.

                          Thanks as always.
                          Last edited by Lovemoney; 29 March 2012, 20:43.

                          Comment


                          • Re: Need Advice

                            Originally posted by Never-In-Doubt View Post
                            Hiya

                            Ermmm - have you spoken to Paul?

                            Niddy i Have just sent message to Pauls Inbox, hopefully he could throw some light on it. Tomorrow (Monday) I'll give the Court a call and find out what this hearing for and why been adjourned.
                            Thanks as always

                            Comment


                            • Re: Lovemoney UE Diary

                              Originally posted by Never-In-Doubt View Post
                              No need to delve - they have judgment - end of.

                              That's it - door closed! For the record, to get a judgment set-aside is very hard, however to stand any chance you really need to consider it within a month unless you never knew anything about it and have a bloody good argument. If you did know about it and never appealed within the month you're pretty much beat so save the cost of a barrister etc as you won't win.

                              Point here is, you've missed this gravy-boat I'm afraid, you ought to look at ways to settle the judgment by increasing the monthly payments or by trying to negotiate a F&F.

                              Judgments usually don't show on your Credit Files - check this for accurate details: ---> CCJs, court orders & fines - Search yourself and others - Trust Online

                              We already answered this point above, more than once by more than one person! Judgment obtained = forget CCA - too late!

                              ONLY if you can satisfy very tight criteria do you have any possibility of appealing for set-aside after 3 years or whatever! I'll find the resources for you.
                              Niddy big thanks to you help me sorted UE for rest of the accounts knock some debts did made the different, regretful didn't found you and helpful team early made mistakes cause me the mess. Now hopefully with help from you all clever and nice people here and try to fight back these scum while I got every chance.

                              Comment


                              • Re: Need Advice

                                Originally posted by Lovemoney View Post
                                Niddy i Have just sent message to Pauls Inbox, hopefully he could throw some light on it. Tomorrow (Monday) I'll give the Court a call and find out what this hearing for and why been adjourned.
                                Thanks as always
                                Just phoned Court and find out about the Adjourned hearing, been told because Claimant wasn't give enough time and it is for Charging Order. No solicitor to help for this court. If got enough evidence can be set aside.

                                Silly me ...just read the last page of the letter from DLC

                                9/3/2012 09:07 (operator name???)
                                NOTE POSTED ON ACCOUNT BY OPERATOR:
                                complaint letter rcvd from FOS dated 2/3/12-date stamped 7/3/12
                                complaint summary"Complaint relates to asking for a copy of the agreement. The account was then closed and returned to the bank. I now received a letter from debt firm. I have sent details of my financial hardship. This was refused. This is now going to county court for charging order."
                                Settlement requested"Withdraw the legal order"

                                9/3/2012 09:12 (operator name???)
                                #####DO NOT PROCEED WITH ANY ACTION UNTIL COMPLAINT RESOLVED####

                                12/3/2012 12:24 (operator name???)
                                sent lttr to crt to req adj for 8wks.

                                Comment

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