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Everything posted by andymanx

  1. Is this true? Key loophole closed. In a High Court ruling in December 2009, a judge said a lender now only has to produce the correct information, not an exact copy of the credit agreement, which blows away the argument that you'll have debt 'written off' if it can't find the original. While not the major thrust of the judgment, he also said it's unlikely consumers can win where there are minor errors in the credit agreement. Source: Money Saving Expert
  2. Oh, I just realised I have asked for costs to be awarded in the last paragraph of my AQ lol.
  3. Thanks. The things I put in my AQ obviously did the trick and scared them away! lol This is what I put in my AQ: ALLOCATION QUESTIONNAIRE – SECTION G. Since submitting my defence, I have been informed by a third party: Appleton Massey (who are acting on behalf of Aktiv Kapital and who are not a party to these proceedings) in a letter to me dated 4 August that CL Finance sold the account to Aktiv Kapital on 11 August 2008 (Appleton Massey’s letter is annexed to this Allocation Questionnaire, marked AKW Exhibit 1 – pages 1 and 2 and my reply is annexed to this Allocation Ques
  4. Thanks for your advice but I need the £75 back and cannot afford to lose it. I doubt they will re-issue the claim as the reason it was discontinued was as they didnt have a leg to stand on as page 1 of the copy of the credit agreement was illegible and page 2 which had part of the terms on was missing.
  5. HAHAHAHA I WON!!!!!!!! Just spoke to the court who said CL Finance subbed a AQ late and I had to contact them for a copy of it and rang Howard Cohen & Co who advised they are discontinuing and will be sending a Notice of Discontinuance to the court!! So how do I claim for the £75 back from CL Finance, which I had to pay for the set aside order?
  6. So what should I put in the Section G in the AQ? As I dont have the funds to afford to make an order to the court, as previously suggested. As the court have said I can fax my AQ on Monday, then I will have the weekend to put my AQ together, instead of rushing to get it down for tomorrow.
  7. This is part of an email I got from one of the admins when I asked for help: "This is where we hit a legal problem ourselves. The Consumer Action Group has a dispensation from the Ministry of Justice that allows us to facilitate legal discussions on the forum. However, we are not allowed to give direct legal advice, or to suggest where people may get that advice."
  8. When I asked for advice from the site team previously I was advised that they arent allowed to give advice.
  9. Hi and thanks for your help! I am in panic mode right now as I have to file my AQ by tomorrow (as I am working on Monday and cant do it then) and dont have any idea what to write on it! CL issued proceedings and were awarded a judgement in their favour. A few months after, they assigned the debt to Aktiv Kapital. Recently I got the judgement set aside and returned to the claim level as I wasnt able to defend it at the time as it was sent to my old address. Aktiv Kapital's Solicitors have said today that they are re-assigning the debt back to CL Finance. But is this allowed?
  10. OMG just received this from Aktiv Kapital's Solicitors and I have no idea what to put in my Section G as a result now!
  11. Is the updated Section G @ http://www.consumeractiongroup.co.uk/forum/show-post/post-2369973.html okay? Should the claim be striked out as the prescribed 4 months to re-serve the papers has passed? And on the basis of the invalid Credit Agreement?
  12. I have received the below letter from AK advising they have bought the debt from CL. Will that do to prove assignment to them? As well as the Appleton Massey letter? If so, I could include it as an exhibit with my Section G.
  13. Hi Jalensteve, Yes the letter from Appleton Massey mentioned the Court Claim No (see bottom letter @ http://www.consumeractiongroup.co.uk/forum/show-post/post-2362983.html). No, I never received a Notice Of Assignment from CL Finance. If they sent it at all, they probably sent it to my old address, the same one that they served the Claim Form at but I wouldnt have got them because I had already moved house.
  14. Thanks Aktiv Runner. Here is my amended statement for the AQ. Let me know what you think. I know its still a bit wordy but I dont know what I can cut out. I have no idea what to put on the Draft Order. ALLOCATION QUESTIONNAIRE – SECTION G. If the court is in agreement, the Defendant respectfully requests that special directions may be given as per the attached draft order. The Defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon whi
  15. Here are the orders. COPY OF THE CLAIM FORM (page 1). COPY OF THE CLAIM FORM (page 2). SET ASIDE ORDER. AQ ORDER.
  16. Although Aktiv Kapital now own the debt, the original judgement was granted whilst the debt was with CL Finance. So who do I go after now? I have already subbed a defence a few weeks ago, which I need to somehow get amended. Bell and whistles? Sorry I dont understand lol.
  17. Also, to the best of my memory (but I could be wrong) I never received anything from CL Finance to say they had bought the account from GE Money.
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