Jump to content

Ross-co

Registered Users

Change your profile picture
  • Posts

    207
  • Joined

  • Last visited

Reputation

23 Excellent

1 Follower

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Indeed it does have the barcode. I'll check their website as 3 days would be right for this. Can you just clarify when the 14 day requirement was changed from the 7 day requirement stated in my statute book?
  2. The envelope is the ubiquitous UK Mail which of course carries no post mark
  3. Sorry, got a heavy cold so forgot to put that in Date for rectifiction is 22/11/09
  4. Just a quickie for my own piece of mind Received a DN this morning (12/11/09) dated 9/11/09. Am I right in assuming that this DN is defective as it doesn't give me 14 calendar days, and futher even if it had been posted on the 9th and delivered on the 10th it would still be defective. Cheers
  5. Hi Dad Ok, I'm clear on the issue of the statement that the judge made about his religious beliefs. The issue I'm having difficulty with is the fact that the DJ at first instance would not look at my defence even though it contained questions about deeds of assignment, default notices etc all of which should have been addressed, ie no deed of assignment and no default notice. At appeal the judge wouldn't look any further than saying the DJ was entitled to dismiss my defence without even looking at it. The appeal judge would not listen to any argument on my part which began to delve into the original defence. He said quite rightly that I couldn't bring in new evidence but would not accept that this was not new evidence as it had been presented to the DJ and the DJ had ruled on it. Neither would he examine it in order to ascertain if the DJ was correct. It's a bit like Schroedingers cat. The cat is in the box and we dont know if it's alive or dead until we open the box but we aren't being allowed to open the box. How can I get the next judge to look into my original defence and examine if the DJ was right when he said "There's nothing in your defence which would make me change my mind".
  6. Ok guys Have finally managed to get my head around this and the fact that the stress of all this has seen me seperating from my long term partner. There's a hearing for a charging order on the 27th. In the meantime I'm going to submit an N161 to the Court of Appeal. The question is do I appeal the appeal decision on the grounds that the judge made a statement about his religious beliefs etc or do I appeal the original decision made by the DJ not to examine my defence at all? Some speed on this would be appreciated as would some input from Dad and PT Thanks again/
  7. If PT is around I could do with talking to him and Dad as a matter of some urgency.
  8. Thanks so much to all of you who have given your support, it means so much to me. I will take these ba****ds down.
  9. Tomorrow I'll be contacting my MP and looking into how I complain about the Judge. I'm also going to look into a second appeal.
  10. Yeah looks like I pick em. The judge in question informed me that he holds certain religious beliefs and doesn't hold with credit.
  11. Obviously this has knocked me back pretty severely. I've been considering bankruptcy as a way forward but I'm a fighter at heart and that would be an easy option. BRW I'm well over the time limit for another appeal but could try to convince the CoA that I have a valid case. Just one thing that might be worth fighting is the fact that one of the prescribed terms is that the interest rate must be stated on the agreement, that's not the APR but the actual interest rate. This is the agreement and I can't see an interest rate on it. http://www.roscoe1.karoo.net/sainscca1.JPG All that was in the original defence which the DJ dismissed without even considering it in open court. Hemust have read it though because he stated that there was nothing in it which would make him change his mind.
  12. Not wishing to spoil anything but do the assignees have to issue a default notice or can they rely on a default notice already issued by the OC. If the assignment is absolute then it stands to reason that the assignee is placed in the same position as the OC, and if the OC has issued a DN then by virtue of the assignment the assignee is held to have done all that the OC has already done.
  13. Ok here we go. So off we all went to the appeal. Turns out the judge had not read all of the appellants notice and had missed the last three parts of it as set out below 1. The hearing related to a written agreement regulated by the Consumer Credit Act 1974. Practice Direction 16, 7.3(1) requires that a complete copy of the agreement should be attached to the claim form and produced at the hearing. Neither of these mandatory requirements was complied with and fatally undermines the claim form. This is an appeal under CPR 52.11(3)(b). 2. The Judge ordered the enforcement of a regulated consumer credit agreement, subject to the transitional provisions of the Consumer Credit Act 2006 so still subject to section 127(3) of the Consumer Credit Act 1974, which did not contain the the terms prescribed under Section 61(1) of the 1974 Act. In these circumstances the Judge was barred from ordering the enforcement of the agreement. This is an appeal under CPR 52.11(3)(a). 3. The Judge ordered the enforcement of a regulated consumer credit agreement where the Respondent had not complied with a request for information under section 77 of the Consumer Credit Act in that the Respondent did not produce the terms and conditions of the agreement as prescribed by section 77 of the Consumer Credit Act 1974. This is a breach of section 77(4) of the Consumer Credit Act 1974. This is an appeal under CPR 52.11(3)(a). 4. The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This is an appeal under CPR 52.11(3)(a). 5. The Judge contrary to Article 6 of the European Convention on Human Rights denied the Appellant the opportunity to present his defence as detailed in his court bundle. This is an appeal under CPR 52.11(3)(b). So in dealing with that he immediately denied my right to appeal point 5 Likewise threw point 4 out as being repetitive. Stomped all over point 1 by saying it doesn't matter if the agreement is in court or not as the requirement is not mandatory. Then turned to point 3 and said that he believed it to be common commercial practice for companies to send all parts of the agreement out when requested. Asked me to prove I had not recieved the terms and conditions which I said was asking me to prove a negative. I pointed out that even in the claimants skeleton they had included only a copy of the front page of the agreement and that the terms or conditions were missing. The judge accepted the claimants view that this was merely an oversight......so point 3 went the way of all the others. As for point 2 he wouldn't accept that there were any errors...... and so I lost my appeal. Now the more important issue is the application for a charging order.. I wrote to the claimant offering to pay the debt off within 4 years if they removed the CCJ. I also agreed that if I didn't pay the debt off within 4 years I would agree to a charging order. I did this on the basis there is little or no equity in the house, that the CCJ stops me remortgaging or raising finance in any event, that my partner and I hold the house as tenants in common, and that I'm now in the process of separating from my long term partner due to the stress of all this. They've said no and have got an interim C/O with the final hearing late in May So guys some thoughts would be good.
×
×
  • Create New...