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Santos L Helper

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  1. Thanks for the quick reply. If it does not have the court stamp/seal on it and it has not been signed (as to how it was issued) do you think it is a legitimate court letter or just the company fishing for details? Also, would they not have to check if I was employed before they applied for the AofE?
  2. I have had a letter which claims to be from the court saying that if i dont fill it in (N55) and send it back they will send me to prison for 12 days. Is this correct because i am sure the finance company cannot go for an attachment of earnings if you are self employed. Also on the n55 form there is no court stamp and the back of the form has not been filled in by the court. Any advice would be appreciated. Regards Santos
  3. Hi all Can anyone point me in the right direction for the links to these cases Wilson v Robertsons (London) Ltd [2006] EWCA Civ 1088 Wilson v First County Trust Ltd [2003] UKHL 40 Wilson v Pawnbrokers [2005] EWCA Civ 147 Kpohraror v Woolwich Building Society [1996] 4 All ER 119 Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824 I have searched but cannot seem to find the full cases only references to them in peoples defences. Thanks in anticipation Regards Santos
  4. Hi all I have a friend who has been given a date for a summary judgement hearing fof the end of the month. Unfortunately they are on holiday at the time. What is the protocol for asking the court to change the date of the trial? They sent in an allocation questionairre on 2? June without putting the date of this holiday on it, thinking that nothing would happen for a couple of months. It is for a credit card debt 10k-ish. A defence etc was entered by them albeit slightly embarrassed due to lack of info with a permission to amend if more info arrived. After a 31.14 request an application/agreement copy arrived with no prescribed terms and copies of statements for the account and a computer print out saying that a default notice was issued on such a date and a formal demand was issued on such a date. No copies of either were sent just the computer print out which the other side say that if the computer log says they were issued then they were and sent out first class post as a matter of course and since they were not returned as undeliverable then that is proof enough they were received. My friends cannot recall receiving either. Any advice or guidance would be appreciated. Regards Santos
  5. Hi all I am at present involved in litigation and have only received a letter via CPR 31.14 showing/advising of an assignment from the OC to the Claimant (which was on their own letter headed paper) sent by a firm of solicitors (acting on behalf of the claimant) and not the OC or the Claimant. It is also 4 digits short of my account number. Is this classed as a legal notice of assignment which will suffice for the purpose of this claim even though the claim was started before I set eyes on this assignment? Regards Santos
  6. Hi all, A quick question that I need answering, Does a creditor or DCA need to issue a default notice before it can legally assign a debt. The reason I ask is that I am present involved in litigation and this situation has arisen. Regards Santos
  7. Hi Shadow Thanks for the response. I do not have access to a scanner at the moment but the application form is just that, an application form with no prescribed terms etc. The terms and conditions accompanying it could be from anywhere. There is nothing to tie the two together. The account was definately terminated and the claimant confirms this in their POC. I am baffled as how to proceed it seems they contradict everything they have set out in their POC. Regards Santos
  8. update cpr request sent and I received 8 years of statements, an application form and copy of NOA and a copy of a second default notice because they dont need to rely on the original which terminated the account 2 years ago and is invalid which I still have in its original envelope. I thought once an account was terminated it cannot just be kept live as it were. They terminated account 2 years ago and I said fine take me to court and let the courts decide how much I pay you and 2 years later here I am going to court. Talk about dragging things out why didnt they do it 2 years ago? I have been threatened with all kinds of nasty things and even set aside a statutory demand from these people. Can I counter claim for harrasment or anything else? When I do the defence can I keep it short and sweet in reply to their POC and just note down where certain rulings on certain cases came from in relation to the CCA and certain laws and when it gets to court just have the full transcripts etc in triplicate for me the judge and the claimant. Any ideas as always appreciated Regards Santos
  9. Me again PM 42man from what I recall it was a BP that brought him here and since then he has helped the world and his wife with sound advice. Also hit the red triangle at the bottom left of a permalink to alert the site team to your post. Hope this helps Santos
  10. Hi AJ2 I cannot offer any advice on your situation only good luck for Friday. GOOD LUCK ON FRIDAY:D
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