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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
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Halifax/Ascent - home repossession***Suspended* **


morgan8080
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Stay strong morgan. Ell-enn has put a lot of work into your case and they're very thorough. You have a good chance of winning.

 

HB

 

Thank you . I logically can’t see how a judge can evict me but you never know who you will get and they might think I deserve it for missing payments

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The judge's job is to consider whether you can pay going forward - not to deal out punishment for missing payments. They are well aware that people have troubles in their lives that lead to these circumstances. You can show you are able to make payments and pay off the arrears - I'm sure it will all work out fine. You never know, the other side mights not turn up if they have read your statement.

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Do they often not turn up? Halifax seem quite ruthless so am quite sure they will be there to try get the judge to get me out .

I can pay from now on so I just hope that’s obvias to the judge

 

Hi Morgan

 

You need to rest now, you must not keep going around in circles trying to find answers to what will happen tomorrow.

 

We are all behind you and with Ellen and DX driving this you are in the best position you could realistically hope for at this time on a Sunday!

 

Stay calm and think about all the positives.

 

I, like many many others no doubt, will be with you tomorrow so get to it.

 

Pip Pip.

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Hi Morgan

 

You need to rest now, you must not keep going around in circles trying to find answers to what will happen tomorrow.

 

We are all behind you and with Ellen and DX driving this you are in the best position you could realistically hope for at this time on a Sunday!

 

Stay calm and think about all the positives.

 

I, like many many others no doubt, will be with you tomorrow so get to it.

 

Pip Pip.

 

Thank you for the support!! I just hope I’ll be ok as the eviction is 10:30 and hearing at 10!!!!

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Do they often not turn up? Halifax seem quite ruthless so am quite sure they will be there to try get the judge to get me out .

I can pay from now on so I just hope that’s obvias to the judge

 

Hi Morgan

 

You need to rest now, you must not keep going around in circles trying to find answers to what will happen tomorrow.

 

We are all behind you and with Ellen and DX driving this you are in the best position you could realistically hope for at this time on a Sunday!

 

Stay calm and think about all the positives.

 

I, like many many others no doubt, will be with you tomorrow so get to it.

 

Pip Pip.

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Yes, get to the court early - aim for 9.30 and if there are any duty advisers ask them to accompany you into the hearing and support your case. If the legal rep for Halifax approaches you just say unless they are willing to agree the payment offered and cancel the eviction you will let the judge decide. If they won't agree - walk away, don't listen to any rubbish they tell you - ultimately it's the judge's decision, they have nothing to do with that.

 

From Post 185 above

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well where do I start!......

I won!!! Or should that be u did , I can’t think you enough.

 

I got there at 9:30 and asked for a duty solicitor which I didn’t get till 9:50.

 

I went into a room with her and showed her everything and she took all my details .

 

Went into see judge and the guy from Halifax

said my arrears were £3000?? Not £9000 so no idea where that figure came from??

 

He said It wasn’t a question of affordability it was credibility as I had proposed payments before.

 

My solicitor then spoke and laid everything out we had put in statement .

 

The judge said straight away he would suspend it as my circumstance had changed and I had showed I could pay now by making last months payment too.

 

He said I needed to maintain payments but he had no concerns and wished me well .

 

He was lovely and didn’t give me a hard time or hesitate in suspending it.

 

He also commended on my paperwork and the effort that had gone in and that he usually doesn’t have as much information at a hearing like this so praised my organisation also!!

 

You have seriously saved me so thank you so much .

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Told ya!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Believe me I will!!

Plus eviction team are still outside !! No balliff as he knows that no eviction but Halifax are saying the agent hasn’t let them know yet!!!!!!!!!! I am so mad. I’ve had neighbours asking me who they are and what’s going on

 

That is great news, well done.

 

Now for the cold hard truth.

 

If you miss one payment by one pound or one day they will be after you, they will be looking and waiting each month for you to drop the ball.

 

I know you will say that no matter what you will stick to it, but just do not be tempted now or 2 years down the line to fall short on your court order. WHATEVER the reason. They will not care, they will be waiting for you.

 

Get on with your life, feel the sun on your face. I'm so pleased for you.

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Brilliant ! told you it would be ok :)

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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You're welcome - the work is worth it to get the right result :)

 

You must be sooo relieved - hope you are now able to relax and enjoy your home, but please please keep on top of those payments - you might not get such a good judge again.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Well done...great work and assistance from Ellenn.

 

Thread title amended to reflect the outcome.

 

 

Regards

 

Andy

We could do with some help from you.

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Right , had a letter from Halifax saying we have debited your account £416 for the cancelled eviction. The amount must be paid immediately to us to avoid additional interest charges

 

Also in court they stated arrears £3300 and they are actually £9000 .. does this mean they have to stick to what they told the

Judge

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Irrelevant..just maintain your agreed payments as set by the court ...not sure how a cancelled eviction costs £416.00 but never the less let them dream up what they wish.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 1 year later...

Hi

I’ve had numerous problems with Halifax - suspended evictions.

 

I set up to pay them £100 a week so I often pay over what I should towards my arrears .

 

over Xmas I missed a week

I am £80 down and classed as a broken arrangement.

 

I paid my usual £100 today

spoke to them and they won’t set an arrangement till they see that on the account and it takes a day to show …

they aren’t going to refuse me an arrangement again cos of it are they!?? .

.. they’ve tried many times to get me back to court

Edited by dx100uk
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They probably wont if the payment does show. Theyll be unlikely to convince a court to repossess if youve been making constant payments and missed only one, but then paid it asap.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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See what they say when it shows.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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old and new threads merged for history.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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