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9Lives

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  1. I am currently in dispute with Veolia Water SE, to the extent that they havestarted court proceedings. My defence has been submitted and the allocation questionnaire is due backat the beginning of October, however I have offered a monthly amount to startclearing the debt that they have accepted. They are now proceeding with a consent order, or Tomlin order. My question is will this have an effect on a credit score. Veolia are saying not, but I would like to be 100% sure.
  2. If the council know that there is joint liability at a property, and they issue a summons to just one person, would this be grounds to argue against the liability order?
  3. Thanks Rhia, I'll give them a call in the morning. Can anyone give me a few pointers on finishing my appeallants notice ?? So long as I get this in tomorrow I can appeal I guess, then I can look at getting legal assitance.
  4. Thanks for the pointers, but I'm based down in south east Kent.
  5. On the appellant's notice form, in section 3 I have ticked that I'm not legally represented - hopefully I can change this at a later date ?? In the next section I have ticked the yes box for need to appeal, and the no box for has permission been granted. Section 5 it then asks 'please set out the order (or part order) you wish to appeal.' so I have written 'It is ordered that the defendant pay the sum of £14,936.06 to the claimant' Then it asks the following: Does your appeal include any issues arising from the human rights acts 1998? I ticked NO Are you asking for a stay of execution of any judgement against you? I ticked YES Have you lodged this notice with the court within 21 days of the date on which the judge made the decision you wish to appeal? I ticked YES Are you making any other applications? I ticked NO Then for Section 6 I've ticked the box for 'The arguments in support of the grounds of appeal will follow within 14 days of filling this notice' Section 7 asks me what am asking the appeal court to do, to which I ticked 'set aside the order which I am appealing.' Then I get to section 8 other applications it asks (part a) - I apply for a stay of execution because? - need a little help with this. and (part b) either tick I do not need an extension or I apply for an extension of time for filling my appeal notice then I fill in section 9 explaining what steps I have taken since the decision. Then section 10 is a load of tick boxes foe supporting documents, again not sure what to tick yet ?? Cam anyone advise if I'm filling this in right, I've just rang the court and they have said I need to file this with the court at the latest tomorrow. The court also told me the notice goes to the county court not the high court were the appeal will be held - is this correct ??
  6. Thanks everyone, Yes I am worried about the appeal, but I've spent a week trying to get legal advice/assistance and come up blank - bar pro bono couldn't help me till me mid September, I've rung round loads of local law firms and they are either to busy due to holidays or just to busy. I have even given the community legal advice line a bell, and they don't have anyone local to assist. I've also had to fit doing all this with a 600 mile round trip to see my Nan, who is ill in hospital so I've been a little busy since my last post. So it looks like I'm going to have to do this with out a barrister, or can I file the appellant notice then get legal help ?? So I looking for urgent help to get this filled in, so I can get it to the court today. How exactly do I word the fact that the judge got it wrong ?? and what would my reason for asking for more time to file an appeal ??
  7. Thanks Rob, I want to appeal this but I am a little worried about missing the deadline for getting my appeal in. I have been reading a HMCS leaflet (EX340) about appealing and this says 14 days, the leaflet also states I need to fill in an Appellant's notice (form N161). When I view this form at the HMCS website there is a guide to go with this form and this states 21 days - confused?? All of this is a little daunting as having had a chat with the bar pro bono they can't decide if they will take my case until mid September. The form N161 asks if i have legal representation and if I have they should fill in the form - I can't if I don't know if the bar pro bono can help. Finally there is no way I will be able to fight my appeal in a high court - I was a mess in an open court. I was so positive going into today, yet with all this I'm not sure if i can hit the deadlines and give this appeal a barrister it needs ??? very confused at the mo .............
  8. Well the CAB, wasn't much use they didn't know about the bar pro bono, and he basically advised me to decide if appealing was the right thing to do as If I lost the appeal more costs would be added, and I may not get help from the bar pro bono. I just said I'll think about it. I did however drop by the court and ask for infromation about appealing against the judgement, and to my shock she told me that I had only 14 days after judgement was made. As the judgement was made on the 1st do I need to file the appellant's notice today or have I got until tomorrow ?? The woman at the court also informed me that as it was a district judge that passed the judgement .............. the appeal would need to be heard at the high court !!!
  9. Morning all, the courts payment date is tomorrow do I need to let them know I will be appealing so the debt collectors don't come a knocking ?? I'm guessing cabot already know, and after reading all the positive vibes from this thread I do hope they are worried !!!!
  10. My feelings exactly CCM !!! and rest assured I will be appealing
  11. I suppose it would help if I actually attached, what I said I was attaching !! t&c's are now the northern hemisphere version ....... Application form.pdf t&c's.pdf
  12. Thanks everyone for the advice, I've been snowed under at work since my last post, however I'm pulling a sickie tomorrow so I can have a chat with the CAB as I think I'm going to try and appeal this - in for penny in for a pound and all that. I had a look at the bar probono website and seems to indicate that I need to give them about 3 weeks notice, but if the court are asking for payment this Friday do I have to let the court no of my intentions and ask for the payment date to be delayed?? TT8 - could to see you back again. I've attached the so called cca and the t&c's. When updating about the trial I forgot about the bit were the judge was reading both these forms with a magnifing glass. I did point out that it wasn't a true copy and just a microphish copy, and it was unreadable but it seemed to fall on deaf ears. The claimant seemed to rely on the words in the signature box, and the opening words in the t&c's both mentioning that this is a cca. VB - The judge did say in his suming up that whilst the claimant didn't need to supply a cca, he was satisfied that the cca submitted was enforceable, would this hamper any appeal ? Once again, thanks everyone I'm feeling a little more positive about this case.
  13. I've been a little down over the past 10 days, so apologies for not updating, but I think it's time to pick myself up and get going again !!!! Firstly I felt way out of my depth, the case was in pen court, and I had been used to a small room with a judge behind a desk - I didn't know when to stand and when to sit down !! So this along with the claiment giving me a document with a judgement between Rankine and a number of banks as I got to court through me a little. We were called in an hour late, and when called in I was asked first to go through the main points of my defence. I went through my witness statement, giving a brief outline of each of the points. I think the best way to go through what happened is to take each point seperatly so point 1) Failure of the claimant to abide by the pre-action protocol: The trial bundle had a number of templae letters with date sent on the top, no actual letters sent but as there witness (under oath) said that they were sent, then the judge was satisfied that within probability I had recieved the letters. Even though I (under oath) had said I had recieved some but not all letters. The judge said that this issue raised would not effectivly provide me with a defence. I did point out that one of the template letters had a date sent on the 21st, yet I had the actual document with the 22nd on it. The trial bundle also had a representation of a notice of assignment, I said I had not received it, yet because the claimant had a computer log and there witness said it was sent then with all probability it was sent. I tried argueing that it needed to be sent by registered post but the judge said that did not apply in this instance. Whilst I said that there was no problem with my post, and that I would have remembered receiving this letter the judge found that in all probability I had the notice of assignment. The CCA: The claimant said it did not need to supply the CCA as it was not the creditor I then argued using the definitions, but the judge sided with them. So that section 78 does not apply, hence the reason why they returned the £1 PO. But if section 78 did apply the application form supplied was an in the correct form. I introduced the case of Wilson v Hurstanger and that the prescribed terms were not there, I also argued that i wasn't a true copy, and that the t&c's were not embodied within the application form as per section 189(4). However as the witness had said under oath that these were the t&c's that within all probablity this was them as they would have been attached at some point. The claimant also brought up the case with Rankin v a number of banks which also backed the claim that an application form is a valid CCA. No default notice sent: The claimant said that this was not needed as per there argument, within the t&c's submitted there is a point that states the arrears are due imediately, and as the credit balance was zero the full amount was due. So the point 13 to 15 in there SA works. I was completly thrown by this as it sounded right. Default charges: The Judge did recognise that charges had been added and that statements were missing so I did not know what the correct balance was. However the claimant had invited the judge to asses the whole of the period missing and I was not deeply keen on helping the court to judge the level of charges - I was asked by the judge what I though the level of charges were in the missing statements my reply was that I was a student, and had no idea what level had been applied it was 5 years ago ??? yet the judge couldn't see why I wouldn't remember. The judge deducted £1k from the total, then added another £4.5k in charges adding another 50% on to the original debt !!!! I have probably left out some important bits, but I think most of it is here give me a shout if you want to see any part of the trial bundle. The court letter turned up last week and I now have until Friday to payup .......... I have no idea what to do next, can anyone give me some pointers. Given that cabot seemed to have answers to everthing I chucke at them it may be an idea to chat outside of this forum, your thoughts are welcome. Thanks for reading this.
  14. well that was fun !!! 5 hours in court on a day like this ............. I guess they can add that to there list of wins, I feel like I got hit by a truck .................. and some ways I wish I had. I'm at a loss to were it all went wrong. I'm at work now will update when I get back home.
  15. Just flicking through my court bundle, as I'm in court first thing in the morning, and I just have a couple of questions. Do I need to produce a skeleton argument, and on the application form, in the box were my signature is are the words: 'this is a credit agreement regulated by the consumer credit act 1974. Sign it only if you want to be ........ ' I can't make out the rest of the words but it looks like the standard blurb. If cabot try and say that these words indicate that this is indeed a credit agreement, what would be my counter arguement ?
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