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Housing
Senior Member



United Kingdom
1399 Posts

Posted - 19 August 2009 :  17:19:25  Show Profile  Reply with Quote
Hello all,

A question for one of our daughters that someone on the fiorum may be able to assist her with:

She borrowed a sum from a person who has a licence to lend under the Consumer Credit Act, however she has had the lender investigated by Trading Standards - a report is going to the OFT we hope to recomend he has his licence removed (It is a long story and the lender is a nasty piece of work)

The lender has tried to be a bit heavy with her and send her a Statutory Demand which she has submitted an application to the CC to have set aside as it is defective.

The DJ now wants her to attend court - any advice on tactics - theis loan shark is very unpleasant - he is 82 but has his little helpers -

Thanks, Richard

"There are no problems - only solutions..."

Melanie.n
forum expert



United Kingdom
1282 Posts

Posted - 19 August 2009 :  17:45:22  Show Profile  Reply with Quote
Take up the DJ's request to attend court have as much documentation as possible with you and write a clear time line document from first contact, loan advance etc right up to present date, you can then hand this to the judge to explain what has happened and when (far easier than trying to recall and getting tongue tied. Although i appreciate this will be daunting for your daughter, but if she has everything written down clearly and concisely, the DJ will be able to see what has happened and when without any confusion arising. Remeber the DJ will be there to help your daughter and seek the best solution for her and hopefully the 'shark will get caught hook line and sinker'

Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
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Housing
Senior Member



United Kingdom
1399 Posts

Posted - 19 August 2009 :  17:52:19  Show Profile  Reply with Quote
Bless you Melanie,

My daughter is bright, but may be daunted if the "shark" has is suited lawyer with him - but she is getting in touch with the Trading Standards officer who is based in the regional TS office in Bristol - also she is in touch with CAB who assisted with the request to be set aside.

I would willingly attend, but I am in enough soup myself...! She would prefer if I did not - The DJ is a nice "old school" judge whom I have been before on many occasions (in the good times!)

Thanks as always, Richard

"There are no problems - only solutions..."
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Melanie.n
forum expert



United Kingdom
1282 Posts

Posted - 19 August 2009 :  18:20:48  Show Profile  Reply with Quote
The DJ will do his best to assist your daughter and not allow her to be intimidated by the 'shark' or the 'suit' and will ensure she has enought time for answers etc and not hurried.... By having the 'timeline' document it will be easy for her to answer any questions without having to shuffle through paperwork or trying to recall what happened and when, keep the document to bullet points and that way she will breeze through

You have my email address so if i can be of further help please ask, also please let me know the outcome of the hearing and how your daughter gets on

Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
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Housing
Senior Member



United Kingdom
1399 Posts

Posted - 19 August 2009 :  18:42:37  Show Profile  Reply with Quote
Dear Melanie,

Thank you for that - I have copied your postings to my daughter

I will let you know the outcome - the date is not until September,

Nos da, Richard

"There are no problems - only solutions..."
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