Court claim: Ascent Vs TRGZ2005

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

Many thanks [MENTION=3894]peterbard[/MENTION] I will draft something today and let you know any further correspondence.

[Guest]

Re: Limitaion act staute barred and right of set letter. Please help

Yes they will undoubtedly come back with some outdated case law which we will have to distinguish, I will keep an eye on the thread.

Peter

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

Morning,
Had a letter back this morning and it seems I have their attention;
I have gone form "to my first name and second name."
to "Dear Sir."
"We thank you of the letter dated 10th June of contents which we note.
We are currently obtaining our clients instructions upon the same and will revert to you as soon as possible.
Yours faithfully."

That's it nothing else no threats no time frame nothing else.
However I have subsequently received a statement from 3rd party and in 2012 the bank did a balance adjustment which took out said payment and it wasn't in 2013 or 2014 as the bank letter says in May 2014 after I initially claimed limitation act and complained; "On 10th April 2014 we issued the right of set off letter after the you settled your personal side of accounts via our external agents.
The action taken on 10th April 2014 triggered a further file review of your guarantee liability. This means that the bank rightfully actively holds your guarantee liability in line with the limitation act 1980 rules. The bank has not exceeded six years from the time of making demand to pursue the debt. You are still liable for the repayment of the guarantee security."

BUT;
in the same letter;
"Unfortunately there has been unreasonable delay for the Bank to contact you in regards to the repayment of your guarantee liability.
I am ever so sorry for this there seemed to be a system option that was taken preventing the bank from contacting you and having a full file review only until recently.
This is really unfortunate and I am sorry for delay." (hence compensation Cheque sent which has never been acknowledged and or cashed).

So they took money in 2012 without telling me or me authorising or me personally paying, claimed to do it in 2014 as right of set off admitted liability but still claim it's NOT statute barred.

Any advice anyone or is it still wait and see?

[nemesis45]

Re: Limitaion act staute barred and right of set letter. Please help

Hi, responding to your PM,

What a B*lls up!!
Do you still hold the compensation cheque?
I cannot see that the offset was in any way authorised/ agreed to
by you.

From what you have told us so far you were not told of the intention to off set. My opinion is that the debt is statute barred.

The whole basket of nonsense the admission of an unreasonable/unfair delay, a chancy offer of redress all stinks
of "Cover up" to me!!

It maybe a good time to take this to FOS and a " report" to the FCA about this.

I'll help you if needed.

nem

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

Thanks [MENTION=55034]nemesis45[/MENTION] your assistance is greatly appreciated as is everybody else especially [MENTION=3894]peterbard[/MENTION]. In answer yes I do have a compensation cheque not cashed and a further letter sent by bank asking me if I received cheque and please cash it!! I ignored due to thinking it was acknowledgement. I thought payment of offset came in April 2014 from last payment in June 2013 but the statement I received shows they did a balance adjustment and didn't tell me ask me or inform me. Just stuck it on me in April 2014. If you feel [MENTION=55034]nemesis45[/MENTION] a complaint is justified I would very much welcome your help. Question is will bank come back at me with court? Or what will they do? I was v surprised by the response from legal party as I thought they would send me a threatening response

[nemesis45]

Re: Limitaion act staute barred and right of set letter. Please help

I think if a claim was going to be made it would have happened by now.
I do think a Formal Complaint is more than justified so we'll work on that
first.

I'm out for a few hours now and will get back to you later.

nem

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

Good Afternoon all.
I have had a letter back from legal reps of bank; it reads.

"APPLICATION FOR MONEY JUDGEMENT

Dear First name second name

It has now become necessary for us to progress county court proceedings against you in relation to this debt and as a consequence you are liable for any additional costs incurred.

Following this our clients instructions are then to enforce any judgement obtained against you by way of a charging order against your property. This will mean our client will be repaid from the equity available in the property.

Please call us today by calling ************** to discuss payment of this outstanding sum.

Please do not ignore this letter. doing nothing will only make matters worse.

Yours faithfully. "

Can anybody please advise me or help as this what not I expected.
Many thanks.

[nemesis45]

Re: Limitaion act staute barred and right of set letter. Please help

Hi Responding to your PM,
Who is this letter from??
It seems more than a little amateurish and no time scale
is set down.

Can we see a copy of this please, remove your name & address first.

nem

[Kati]

Re: Limitaion act staute barred and right of set letter. Please help

Good Afternoon all.
I have had a letter back from legal reps of bank; it reads.

"APPLICATION FOR MONEY JUDGEMENT

Dear First name second name

It has now become necessary for us to progress county court proceedings against you in relation to this debt and as a consequence you are liable for any additional costs incurred.

Following this our clients instructions are then to enforce any judgement obtained against you by way of a charging order against your property. This will mean our client will be repaid from the equity available in the property.

Please call us today by calling ************** to discuss payment of this outstanding sum.

Please do not ignore this letter. doing nothing will only make matters worse.

Yours faithfully. "

Can anybody please advise me or help as this what not I expected.
Many thanks.

Hi Responding to your PM,
Who is this letter from??
It seems more than a little amateurish and no time scale
is set down.

Can we see a copy of this please, remove your name & address first.

nem

If you can't post up a redacted copy, you can email it to me and I'll attach it to the thread kati@legalbeagles.info

[nemesis45]

Re: Limitaion act staute barred and right of set letter. Please help

If you can't post up a redacted copy, you can email it to me and I'll attach it to the thread kati@legalbeagles.info

Thank you Kati:tinysmile_twink_t2x

nem

[Kati]

Re: Limitaion act staute barred and right of set letter. Please help

......

[nemesis45]

Re: Limitaion act staute barred and right of set letter. Please help

......

Thank you Kati:tinysmile_twink_t2x

nem

[nemesis45]

Re: Limitaion act staute barred and right of set letter. Please help

......

Ascent Legal again COO John Haywood COO.
Not what I would consider a letter before action but I suspect
that's what it is intended to be.
I'm still of the opinion that the offset was a payment specifically
authorised by you, there was no point of personal control
I would suggest a Formal Complaint to John Haywood personally.

I've seen a number of Ascent Legal 's claims in the past most need
a deal of unravelling as they complicate matters in order to confuse.
I'll help with the letter if needed.

nem

[trgz2005]

Re: Limitaion act staute barred and right of set letter. Please help

Ascent Legal again COO John Haywood COO.
Not what I would consider a letter before action but I suspect
that's what it is intended to be.
I'm still of the opinion that the offset was a payment specifically
authorised by you, there was no point of personal control
I would suggest a Formal Complaint to John Haywood personally.

I've seen a number of Ascent Legal 's claims in the past most need
a deal of unravelling as they complicate matters in order to confuse.
I'll help with the letter if needed.

nem

Yes please Nemesis45.
I really really would appreciate that a great deal. That would be a massive help as I have the weight of the world on me regarding this.
I look forward to any assistance you can provide.
Many thanks
Kind regards.

[nemesis45]

Re: Limitaion act staute barred and right of set letter. Please help

Ascent Legal again COO John Haywood COO.
Not what I would consider a letter before action but I suspect
that's what it is intended to be.
I'm still of the opinion that the offset was a payment specifically
authorised by you, there was no point of personal control
I would suggest a Formal Complaint to John Haywood personally.

I've seen a number of Ascent Legal 's claims in the past most need
a deal of unravelling as they complicate matters in order to confuse.
I'll help with the letter if needed.

nem

OK, I've a couple of other letters to do and a meeting later this morning, but it will get done today.

nem