thank you Cadbury, and also thank you caro

huge thanks for your wise words, can i take into court the income and expenditure form the day before the court hearing ? as due to the bank holidays this week, i will only have one day if the court is open i have to check, otherwise i can take copies in for the judge and the other side on the day?

yes i agree the default highlighted will only allow them to do another default so i agree - also its too much at the moment for me to deal with, just learn from it

thanks for your kind words i will definately stick around more and try and help others with support,

*******

having just checked the i/e form you kindly linked,, as its a sole debt in my name only, my hubby is not aware of this, i wish to complete only in my name with my income which is not salaried but allowances for the type of caring job im doing - at the moment still training to increase my allowances but that could be another 6 months, so for now should i just show my income slip as evidence but of course this allowance is for contribution for my car expenses and the food and heating and washing duties i do in the job im doing, i dont even contribute to the mortgage or household expenses as hubby does that apart from a bit to the gas and elec weekly.

hence i could be left with only 10.00 a week spare which i could offer for a few months till i get the increased allowances.

even though kids are still at college, ie family allowance, i give that amount to them for their clothing and bus passes, so its in and then straight out for their needs

i guess i can only complete and let the judge decide, i will not default on it as im scared for a charging order and then hubby will find out and all of this to help a friend with thier eviction of their house and im left with dealing with this and a ccj in my name, im so very cross with myself that this happened whilst i was ill and i wasnt thinking clearly only to help a friend, hindsight is a truely wonderful thing, a hard lesson learnt.

cheers any guidance would be really helpful thank you angel x

cheers angel x

Hope Angel hasn’t gone back to heaven...

Thank you Donkey that really made me laugh today,,, no ive lost all my money to the swear box and thus heaven wont let me in lol

at least my sense of bad humour is still with me

sorry my last post just wobbled out of me, hope to make more sense from now on catch up later

angel x

hello everyone

i apologise very deeply for not getting back to you all - no excuses just felt totally demoralised and my faith got totally knocked, i dont even know how i got the strenght to come back but i needed to say thank you and to offer my apology too for my lateness.

with my job i got sidetracked too which hasnt helped neither,

im fine today, but basically didnt get the set aside as the creditor could not find any records of my calls - i didnt take my phone records but hey why would i bother even to to fax the court of a conversation id had with the creditor so that didnt even worry the judge sad to see that

i had tried to statethat i wanted to have the info so i could prepare my defense if i had one once i saw athe info but the ccj got awarded, now the judge asked the creditor to provide evidence to me of the account statements to prove the account was mine as i had wanted to ensure the creditor had the correct account - so now i have had the

statements, copy of the terms, default, and the proof of account sale to the creditor, and court date is soon so guess i have to accept it but i wont be able to afford the couple of hundreds i fear they will ask me to pay monthly

so guess i have to get a income and expenditure or do i have to accept first what the court is going to say i must pay and then do a form to ask for a lower amount,

i dont know if i have the strenght to put in my voice to state that the default notice didnt give me the 14 days to remedy my info on my records shows only 13 but hey how do i express that and im guessing its too late and yes too late for legal representation too as i didnt get my mind to deal with it when the paperwork finally arrived ,

if nothing ive learnt from this is that im not getting back to my depression status that i was in a few years ago - i must just have to deal with it and get a final decision but pay what i can afford -

very sorry to all again - i guess when you start this journey you have to be well in yourself first and foremost otherwise it will only cause more problems and my health is too precious to lose again

i will be back later going to see if i can find any links or threads i can follow in the meantime for a little inspiration

have a lovely easter break catch up later this evening

cheers angel x

hiya andy sent you a rep and you too bigdebtor

cheers angel x

hiya bigdebtor

will let you know later in the week and see what others reply too, interesting to see others views

but hearing is later this week so have time

off to have lunch and have a bit of fun i hope

laters angel x

hello all

just another quick question, if the set aside is successful then do i ask the judge for the costs today or just prepare them for when i put in my defense if there is one after legal advice?

also if im not successful - then what should i do about getting the payments structured for what i can pay? do i have to apply as a seperate court application after today?

cheers angel am online till about 11-30 then getting ready to go out this afternoon with my little one

cheers angel x

Thank you Bigdebtor

of course a big lesson learnt but of course id left it late and had been suggested to call them to obtain the extension of time for them to send me the documents which they verbally agreed, had i enough time of course hindsight i would have contacted them by letter and then put in a court order in time before my defense requesting the info from the court, like i said hindsight a beautiful thing,,,,

let you all know later cheers angel x

hiya caro

exactly my own fear - then if they do accept on face value it makes a mockery of the request of info under CPR 31.14 request and i will be disadvantaged thus why my request for a set aside as the claimaint led me to believe they were doing something instead went ahead and got default judgement the next day knowing i had not put in my defense. That also makes mockery of the intergrity that these claimants have or havent got.

i can only hope as i had put in my acknowledgement of service and as a litigant i believed what they confirmed on the telephone to me about having another 28 days to get the info to me and they would not go for judgement. I had no reason to not believe them at the point of my calls to them.

it will be a sad day if i lose this week- and then others must learn from my experience

catch up later going to finalise my bullet points with they info you have given cheers angel x

There is a judgment of the High Court, Queens Bench, which will detail unfair relationships, and which is in favour of the CONSUMER

 

Can say no more at this moment, due to the judgment being in draft format currently but its a corker thats for sure

Hi Pt

some good news at last for us consumers,

laters angel x

Thank you Caro

understand totally your points and will prepare my case and then put my points on a sheet if i do find it an upheaval event on the day i will hand over the sheet to the judge to read instead

just a thought what if the other side suddenly produce the paperwork i had requested, do i at that point could i say that this info was requested and never given in time for me to consider legal advice for any considered defence and counterclaim ? Therefore would it be wise for me to ask that it is set aside so i have a chance as i should have been given before my defence deadline to consider counsel? ((((Thats what i meant when i said about asking the judge for more time if he accepts to do a set aside then of course i now understand i would have the time to speak with counsel if the judge does set it aside as it will go back to the beginning of the claim - understand that clearer now thank you))

like you asked re sols i spoke with - as i am unable to have legal representation for this weeks hearing from the sols i spoke with - they have very kindly given me a bit of a heads up so to speak and i can contact them next week after the hearing at the end of the week to update them how it went

catch up later got dentist again , at least my teeth can be an asset for me later this week LOL

laters and again thanks angel x

hello Caro

thank you for replying - the paperwork for the n244 was helped to be completed by cab office and looking at my copy, where it stated how long do i think the hearing will last? 10 mins was put by her albeit i signed it of course, oh dear she and i must have thought it was simple.

anyway the letter from the court is headed

**************************************************

Notice of Defandants application to set the judgement aside

link

myself

-------------------------------------

Take Notice that the defendants application to set aside the judgement aside will take place on xxx xxxx xxxx ((((((date this week)()))))

at xxxxxxx(( my court addresss))

When you should attend

Please note This case may be released to another Judge , possibly at a different Court

===============

enlosed a copy of my n244 application

there is no time given in anything i have received. Thus what now >?

Of course i will take further 2 copies of my info ive already sent with my n244 form when i paid the fee.

Im wondering if i should just also include the costs to do this n244 application 75.00 pounds etc ?

Having spoken with a solicitor today as was enquiring whether i would be eligible for legal aid, the judge may do an unless order, that link will have to provide the info from the poc by a certain date or they may just turn up with the info now - not sure where i would stand then, but also i could ask the judge to have more time to consider legal advice and then i could contact the solicitor after the hearing to see where i stand with all this.

guess its a last minute stand off for me this week, whilst i did go to the cab also this morning, all they said was i could try legal aid or speak with the duty solicitor on the day before the hearing,

well im back here as i feel you guys will tell me how it is - will look in later this evening

thanks angel x

hiya nicurro

am subbing and wish you luck

angel x

hiya all

thanks for looking in, will be back later as i have had dental work done and couldnt talk for a few days last week, but i need to address this now today as hearing is this week, not sure if can handle on my own that hearing and what i need to say anymore than was i said on my application

catch up laters angel x

hiya Cadbury

well im subbed to your thread and i will see what happens for me but im also looking at calling the sols later had dental work last week and couldnt talk for 2 days bliss in the house i was told, lol

anyway will come on later to update my own thread too,

keep your spirits high laters angel x

Hi angel, sorry to hear you're still up to your eyes in it! Am still on a catch-up on CAG so will keep tuned, good luck

hello AA99

thanks for looking in, appreciate it yes must catch up with your battles too - keep up your spirits,

angel x

hiya all

a bit of an update, maybe ive gone against what others have thought to do but ive put in my request for a set aside, will be calling beachcombers sols tomorrow to see where i now stand , just my instinct to do the set aside and maybe it will come back and bite me on the bum lol but hey when my soul is at the final resting place i can say i did try

anyway will keep you posted, going to read a few more around the set aside updates from others to see what they got up to

laters all and happy new year to all

angel x

hiya undercover- elsa

happy 2011 and i think its brill - a blog and a training manual at the same time for us all

im happy to help you with this and ive sent u my pat on the back rep too, lol

keep happy laters angel x

yes Pt2537,,

spooky, already 2011 - lol

have gone to the link and read to the end and ive posted a reply there for you and im finally understanding this so much better now thank you

angel x

hiya Pt2537

thank you for your post 272 - it really is where i had gone wrong i know what a huge lesson i learnt but anyway, wont happen to me again i can promise you that, im a pretty fast learner, ive printed it off so its there in front of me for any future cases

anyway ive updated my thread and will have to see what happens in the new year, thanks for your help in the meantime and happy new year

cheers angel x

so did the judge accept disclosure was required? did he or she make any order compelling disclosure?

 

this is sooo important, i dont see how you can defend when there is no documents on which the Claim is based.

 

im pondering a strike out to be honest

Hiya Pt2537 and Phase 1

happy new year firstly,

what im trying to understand and hoping my question will help everyone reading the thread in the future too, when you say did the judge accept disclosure was required

and if so did they make an order compelling disclosure -

would this have been done at the time of the set aside hearing, so whilst having put in the n244 request for the set aside, is it then at this set aside hearing which is a golden opportunity for us to ask the judge for an order compelling disclosure to actually be done, and then if the claimants dont comply would it then give opportunity for us defendants to go for a dismissal ?

sorry to push in your thread but i think this point is really a good learning point for us all litigants in person so we give ourselves the best opportunity for a dismissal of the case if we can

hope ive not confussed anyone but raising awareness for us all

good luck in the meantime, have subbed to this thread

cheers angel x

hello the janitor

im following your thread as we are against the same lovely company - oops, lol

anyway i will link my thread for you to look at incase it helps your case too, ive picked up lots from your thread already for my battles,,,

happy new year to you and all on your thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?282042-Link-Financial-court-summons-rec-need-help-pls

good luck and keep on believing, angel x

hiya Caro

many thanks for your interest in this, have come on to update you all so really do appreciate you looking out for me like others who have also helped me so far to this point - thank you everyone

i considered what you guys had all told me, i went to the cab and i showed her all the paperwork and she considered with me the options that i also pointed out that i learnt from you all, and ive sent off the n244 for a set aside, i know it cost me the fee but having got this far and the way the ccj was processed after link told me that they would get me the info and get the claim stayed at the court, i wouldnt feel happy with myself if id let them get away with it so easily. just me being a hard nosed rebel and i do feel i have done the right thing for me, maybe in the long run it will cost me more im not sure but its the risk im prepared to take

Cab would record my complaint into their social information gathered for their reporting purposes at least, but

also interesting after i showed cab all the letters etc, she told me to send in a complaint to the fsa , to oft and to my MP but interesting she told me to ask for financial compensation for the cost of the request of the set aside and the undue stress its caused me too

but will this work with the FSA?

anyway im still waiting on the court to tell me if its going to a hearing or not, interesting letters are arriving for me to pay link,,,,, let me see what the court sends first before i consider my reply back to link - will come back for guidance of course

happy new year to all, if nothing else this has helped me understand my need to get all my financial affairs in proper order this year

next week will be seriously looking at legal help - had sent beachcomber a request if their solicitor would look at my case or could connect me to someone locally to me but not heard anything, will try again

catch up soon take care all

angel x

hiya Pt

having had a bit of sleep - i feel today lots better and yes, albeit i had a verbal agreement with them on the telephone and only saving grace i took the advice here to send the info to the court by fax on that day, i will look for a legal to take this forward , i wonder if beachcombers legal firm would look at this for me, but im not sure how to find out for sure

anyway will look around locally today and tomorrow in the meantime,

cheers again angel x

hiya Pt2537

many thanks for the advice and support, truely appreciated

will look into what you have suggested thank you

catch up laters angel x

hiya all

just a thought that its been mentioned to me that if i went for a set aside i risk costs from the other side which really could increase lots onto the debt and maybe i should try and get installments agreed now instead of still fighting this - maybe i lost my chance as i didnt follow the cpr rules to the letter and rang them for the extension of time and i foolishly did that and only got a verbal agreement and then link got the ccj the day after my defense, i feel deflated by this now but i must now do the best i can, im angry with myself as i feel i have failed and where i may have had a chance

not sure if that makes sense, anyway pls read about cpr much more than i did perhaps and understand it fully as you can

good luck all laters angel x