carol01 UE Diary

[Never-In-Doubt]

Re: carol01 UE Diary

Hiya, okies - keep us updated yea?

[carol01]

Re: carol01 UE Diary

hiya i sent this viewtopic.php?p=2316#p2316 letter and it is on debt mangers paper nothing different or more special about this letter and it does not say n1 form anywhere on it just to ring and pay cannot email it over as i have left phone in work i think its just a threat
have a nice few days off will email it in a couple of days

Ok all you need to do is send this now and see what they come back with: ---> viewtopic.php?p=2318#p2318

No need to email me, now you've said it comes on their headed paper it is worthless so nothing to panic about! ;D

hiya n-i-d ya
i have had a response from the debt managers ref my barclay card they were unaware of any dispute with barclay card they have passed a copy of my letter to barclay card and the account in the meantime has been put on hold
thanks again n-i-d for the great advice

[Never-In-Doubt]

Re: carol01 UE Diary

Hiya

You should wait as it is evident the letters have crossed - just sit tight, you've made your position clear to them - give them a chance to respond.

[carol01]

Re: carol01 UE Diary

hiya n-i-d
i have recieved a letter from russel and aitken solicitors debt recovery regarding my barclay card recap cca was an application form no terms or cons
sent this letter viewtopic.php?p=2318#p2318 to debt managers may have crossed in post they tell me to contact debt managers to avoid a county court claim this has been sent by the litigation dept
thanks n-i-d

[Never-In-Doubt]

Re: carol01 UE Diary

y y

[carol01]

Re: carol01 UE Diary

ooops, never realised you'd already went and posted it haha

It doesn't matter too much - the main point was the letter itself. Just sit tight now and see what develops yea?

hiya
ok will do
thanks for the quick reply 2

[Never-In-Doubt]

Re: carol01 UE Diary

ooops, never realised you'd already went and posted it haha

It doesn't matter too much - the main point was the letter itself. Just sit tight now and see what develops yea?

[carol01]

Re: carol01 UE Diary

thanks n-i-d
but i have just got back from the post office i have already printed and sent letter ;Red
i shall await a reply from them and throw it into my next letter
i suppose it is better them not knowing that a default has not been issued yet
thanks for the reply

[Never-In-Doubt]

Re: carol01 UE Diary

hiya n-i-d
thats what did worry me they don't use the word mayin the letter only once letter says
formal notice is hereby given that out client has instructed us to commence court proceedings against you without delay.
papers are now being prepared for commencement of action through your local court to seek judgement against you.
if you are a homeowner and do not pay the amount the court orders you to pay. we may then reapply to the court for a charging order on your property. this will give us repayment of the outstanding debt from the proceeds whenever the property is sold.
i thought they would have to default the account before they could take court action
thanks n-i-d

Hiya, ok don't worry about that. Bottom line here, without a default or termination notice any intended action would be thrown out so don't worry too much.

In any case, worse case scenario would be they get a ccj which means the court would apportion an amount to pay each month - these amounts are always in your best interests so you won't be any worse off - but we don't want that, if they start action then you ought to accept the claim and offer repayments for them to drop action.

In the meantime, send the following to the solicitor/dca: ---> viewtopic.php?p=2319#p2319

In the middle of the template, where it says:

I shall be citing the following reasons; to get any formal request made by you, or your solicitors, set-aside:

• The creditor failed to comply with the rules and prejudiced the debtor in the process.[/\*]
• The demand was issued in error. [/\*]
• The amount stated on the statutory demand is disputed.[/\*]
• Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. [/\*]

You need to add two more saying:

1. There has never been a default notice, or termination notice issued[/\*]
2. The original creditor has never formally assigned, nor have they notified me, of any assignment to this debt[/\*]

[carol01]

Re: carol01 UE Diary

Hiya

Ok, don't panic - the word may is used an awfully lot if you check the letters again! Send the following to both creditors: ---> viewtopic.php?p=2319#p2319

BOS is an internal division of HBOS! The initial are the giveaway lol, Bank of Scotland / Blair Oliver Scott

hiya n-i-d
thats what did worry me they don't use the word mayin the letter only once letter says
formal notice is hereby given that out client has instructed us to commence court proceedings against you without delay.
papers are now being prepared for commencement of action through your local court to seek judgement against you.
if you are a homeowner and do not pay the amount the court orders you to pay. we may then reapply to the court for a charging order on your property. this will give us repayment of the outstanding debt from the proceeds whenever the property is sold.
i thought they would have to default the account before they could take court action
thanks n-i-d

[Never-In-Doubt]

Re: carol01 UE Diary

Hiya

Ok, don't panic - the word may is used an awfully lot if you check the letters again! Send the following to both creditors: ---> viewtopic.php?p=2319#p2319

BOS is an internal division of HBOS! The initial are the giveaway lol, Bank of Scotland / Blair Oliver Scott

[carol01]

Re: carol01 UE Diary

hiya n-i-d
i have recieved from blair oliver and scott notice of intended court action
letter dated 12/11/2010 and i have till 19/11/2010 to settle account it is a formal notice to seek a judgement against me
this is the account i am blagging as terms and cons are not 100% linked
also i have not recieved my default notice yet from halifax or even a letter from halifax telling me they have passed th account to b.o.s do you think this is just scare tacitics
not too sure what to do with this one thanks inadvance

[carol01]

Re: carol01 UE Diary

hi n-i-d
i have recieved a letter from triton ref my natwest credit card it is :UE
notice of legal proceedings they are disappointed i have failed to settle the debt and they are recommending natwest to instruct a solicitor to go for a ccj which would become a matter of public record
the enforcement options open to them are as follows
the county court bailiff visits my home and takes away possesions to sell ;EEK
a charge placed against my property until the debt is paid ;EEK
my employer deducts money from my salary ;EEK
or you attend court and submit a personal detailed examination under oath of your personal financial affairs before a senior officer of the court of a distruct judge ;EEK
they recommend i get in touch the moment i recieve this letter
thanks n-i-d

[Never-In-Doubt]

Re: carol01 UE Diary

thanks n-i-d
will send tomorrow thanks again
take care x

Thanks, just stay in touch and don't panic, ok? gh

[carol01]

Re: carol01 UE Diary

thanks n-i-d
will send tomorrow thanks again
take care x