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rh999

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About rh999

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  1. thanks all for the reply. as i said I am handling the issue, but just wanted to see if i can pin them on this. one thing i would say though - i have never had any marketing letters in brown envelopes with URGENT in bold and underlined on it. i just think they are pushing the boundaries if i am honest.
  2. hi i have a quick question on guidelines for DCAs. i have searched around but cannot find the answer. I have received a letter from Mackenzie Hall for an alleged debt. the debt issue is fine, and i can handle. my problem is when the send a letter they send the letter in a brown envelope with urgent in capital letters on the front of the envelope. this seems to me, to be breaching debt collection guidelines? can anyone comment on this? thanks
  3. thanks both i said that to them today. i stated that if they agreed to remove the deafult I would pay. he said no so i said i will pay them £1 per month as there is no advantage to me paying out. he then tried to get me to go through income/expenditure. i told him to swing. point I am trying to get to is what legislation states they do not have keep the default on if any?
  4. thanks for the answer brigadier. but with regards to choice of removing the default - there is no legislation that stops them from removing if need be? they could remove out of good faith if they wanted to?
  5. hi All Hope I can get some advice please. There is a default on my credit file at present. This is for a credit card where the lender sold the debt to Lowells. As I am in a position to pay the balance on the debt, I thought I would see of they would move and remove the default in return for me clearing the debt. i was told that it is not lawful to remove the default just like that, and also as they did not place the default in the first place they are not allowed to remove it... 1. default date on credit file does not match default notice date? does this matter? 2. can they remove it if they choose to? or are trhey correct and the lender has to? is there any legislation i can quote? thanks in advance
  6. Sorry ford, should have clicked refresh before replying there. only received a gerneral order stating that the application is accepted and a judgement be made against me in the sum of xxxx to be paid within 28 days.
  7. Ford, is there a specific income form i need to send, or can i just produce one myself? Is there a court form i need to fill in? I noticed they had a form called N245? Should I fill this in, or just send a letter in?
  8. Hi Ford, thanks, I will try that. Andydd, As I am sure you can appreciate every case is individual in merit, including mine. it was not just a case of me "pulling a few documents together" to try and get round the judge. circumstances stopped me from responding in the time frames required of this case. I only knew about the hearing just over two weeks (one of which I was out of the country) before it happened because the claimant didn't bother to send me copies of their request for SJ. I am sure if it was the other way around and I placed request with court and not provide copies to the claimant, I would be hounded by the claimant and court for not doing so. This is why the balance of justice is always against the smaller person.
  9. Hi all, I would confirm the Mould's comment that he did not encourage me to appeal or do anything I did not want to do. I was fully aware that the court may kick my case out as I did not submit docs on time. my hope was they would be sympathetic as I am a LIP. They did not. bearing in mind the likely losses i would endure as a result of appealing, I have decided to cut my losses on this and not appeal. I now have to live live with the CCJ even though the creditor left it two years to even do anything with this despite my requests to try and resolve. the whole thing has left a bad taste in my mouth. I am not in any position to pay this in one lump (it is over £10k now with costs) so who do i send an offer to pay in instalments? i would rather it wasn't the claimant, as I would want it all on record with the court as it wouldn't surprise me if they try something underhand. any advice on this process would be appreciated. thanks
  10. Hi Andy I think your correct as far as the SJ hearing is concerned. I wouldn't be appealing on that point though The Mould thinks I may be able to appeal due to incorrect processes by court staff when they gave out the AQ's at the beginning. he asked to pull together a timeline of events. I think the point is get the claim back to the beginning again which will allow me to then submit a defence in good time. assuming I have a defence of course.
  11. Hi the mould, Order of events from receipt of claim through to last week are as follows; Original claim received from Court 1 beginning of March. I filled in the response pack stating that I intended to defend the claim as I believed the claimant had terminated the contract in error. This was sent to court 1 on the 6th March. On the 9th March court 1 sent out a notice of transfer of proceedings to court 2 with the following text; To all parties A defence to this claim has been filed. As the defendant is an individual the claim has been transferred to the court covering the area where the defendant lives or carries out business. Please read the accompanying documents carefully and note that where enclosed the allocation questionnaire should be returned to court 2 by the date shown. Also received was the notice that a defence has been filed, also dated 9th March. Following is the text within this; The defendant has filed a defence, an allocation questionnaire is also enclosed which contains notes for guidance on how to complete it. AQ due date was 216th March. My AQ was submitted to court on the 25th March. I received the claimants on the 26th. Both AQ's stated we were happy to try and settle out of court. Court ordered a stay of proceedings on the 5th April in their order. The claim was stayed until 14th May. It became clear by the 14th that the claimant had no interest in negotiating, and was doing it to make them look good with the court. The next order received from court was dated 17th May stating trial to take place on the week commencing 15th October. It said pre-trial check lists to be submitted by 4th September. Last item on the order is as follows; Because this order has been made by the court without considering representations from the parties, the parties have a right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order. On the 22nd June the claimant submitted an application notice, as follows; that there be summary judgement for the claimant pursuant to part 24 of the civil procedure rules and/or strike out the defence pursuant to clause 3.4 of the CPR in the sum of £xxxx plus interest pursuant to section 69 of the county court act 1984 and costs. The defence filed by the defendant has no realistic prospect of succeeding and there is no compelling reason why this case should be dealt with at trial. Note - the claimant did not send a copy of this application to me. It was sent to court. I did not receive the notice from the court as follows; Notice of hearing - dated 27 June 2012 Take notice that the hearing will take place on 15th August At court 2 When you should attend 1 hour 30 minutes has been allowed for this hearing. Note neither the notice of hearing or the actual application had anything in there referring to any WS to be submitted at least 7 days before the hearing. it was however on the claimant WS on the last paragraph stating "the defendant is alerted to the provisions of part 24.5(1) in the event that the defendant seeks to rely upon written evidence in response to this application copies of his statement must be filed with the court and served upon the claimant solicitors at least 7 days before the summary judgement hearing. As I have stated in previous posts, I called the court as I had not heard anything, and they told me that there was a hearing on the 15th August. They sent me replacement copies which I received in the last week of July. I went on holiday and returned on the 8th August and got started on the response, at which point I was alerted by the mould to the fact I needed to submit 7 days before. In essence I have had no opportunity throughout ths process to actually pull together any defence, as one thing or another has happened stopping me. Court 1 sent out AQ’s stating a defence has been filed. This is incorrect as I stated in my initial response pack that I “intended” to defend. Not sure if this means I have leave to appeal and if so whether it is worth going for it or not. One thing I didn’t say is the DJ stated that although he found my evidence interesting, he felt that had it gone to trial he would find in favour of claimant because as far as he is concerned the lack of company was of great prejudice to the claimant so therefore they had right to cancel the contract...
  12. Hi All apologies for not coming back on this. needed a break to clear my head, and also had son's A level results yesterday. I will pull the timeline info for you over the weekend the Mould on the AQ side of things. in answer to everyone's questions - the DJ ummed and erred on my request to allow my WS, but the claimant solicitor was very robust in his objection saying no excuses - docs needed to be submitted 7 days before. in response i tried to state that i only know about the hearing 3 weeks ago when the court told me on the phone. they sent me new documents through, but i was not in a position to look at them properly until last week. it was only Friday I found out about the requirement to submit 7 days before.
  13. Hi The Mould, sorry but been at work. claimant solicitor basically stated that CPR24 is not a "may" deliver within 7 days, it's a must. DJ agreed with him. basically said he could not consider my WS and argument. the solicitor said they had not received the WS from me, and even if they did they would object robustly object to it's inclusuion. as a result the CPR 3.10 i tried to submit as a response to his objection was promptly rebutted for that same reason. not submitted within 7 day's. they basically refused me point blank in any of my arguments becuase i had not delivered the documents on time. the DJ said as a result of this he could only look at what defence i had submitted prior to yhr 7 day period. Of course I had not submitted my defence because the AQ was sent prior to giving me the opportunity to defend. again I was unable to argue this point either. I think the claimants were lying. i think they did receive it but they thought it would look worse on me if they said they had not received it. i only found out 30 seconds before going into chambers that they were using this. i quickly text my wife to get the POD for the delivery of the documents. it did not make a difference. the DJ wasnt going to go against them for some reason. the DJ said I could appeal to him - but only there and then where he would consider my appeal. he then went on to say that he would not acceot my appeal - what is the point of that?? why would he contradict himself after all that. i have leave to appeal and have 28 days to do so. but only on law and procedure - can i appeal on the basis that there was no way he could look at any defence becasue due to the AQ being sent out at wrong time procedure was incoirrect - would this mean we would roll back to that poiunt? or am i wrong?
  14. Hi, You would think that wouldn't you. Not good news i'm afraid. My defence struck out. Dj would not consider my defence at all under cpr24. Despite me trying the sheet you gave me. Judgement awarded against me and full costs awarded also.
  15. Just at court now. They have solicitor trying it on. GE hasn't been given pack by claimant and is pulling cpr24. I sent pack guaranteed delivery yesterday. What's my response?
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