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Skins08

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  1. Hi to all and many thanks for your advice.... Hearing was this morning - lasted 2 minutes - adjourned for 28 days. That is what we wanted. Will keep you informed Thanks again
  2. Hi Sorry so late replying - just got in after a very long day working... Thanks for your responses - Here are some answers to your questions: Current value about £120,000 Outstanding (including arrears?) about £58,000 Barclays linked flexible overdraft about £8,900 I'm not sure how the Norgan bit works, but contractual minimum payment has just reduced to £316 from £409 last month and their solicitors say that if she pays £316 plus the interest on the overdraft (about £36) and a sum towards the arrears they will consider it. We are waiting for proof that she was on a fixed term of 5 years of 4.99% - if this is forthcoming she is happy now to accept the arrears and charges and pay the necessary. But she does not remember ever accepting a fixed rate for 5 years. If this was not so she has virtually no arrears. Ell-en, we haven't sent in the defence statement yet as we were still waiting for a response from Woolwich regarding the 5 year term and to why they refused to allow any reduction at all due to her hardship at the time. I can email you copies of all the letters I have sent on her behalf if you let me have your email address. I really don't know what to say yet as we don't seem to have all the information we need to prepare a defence. I really would appreciate any help and advice for the case on Monday - thanks and regards
  3. Hi everyone, I hope someone can help… A friend has had repossession proceedings started against her by Barclays/Woolwich. The hearing is set for 1st August and I’ve been helping her by writing all the letters to Woolwich and their solicitors trying to get the full picture and making offers to them. Briefly the mortgage was taken out in 2004, all payments on time until Oct 2009 when her work virtually dried up (she is self-employed). She was in touch regularly with the Woolwich - but unfortunately these contacts were all by phone and she was told as long as she made the effort to pay something each month there would be no problem. Her bookkeeper tried to talk to them in March this year to try to get some sort of reduction by reverting to interest only or even a mortgage holiday for a short period until her work picked up again. The answer was a definite “No”. Her work has now picked up and she has made several payments – despite this the case has been passed to their solicitors who have taken repossession action. When the letter arrived stating that she would receive the court summons, the solicitors included a computer screen printout of the last 2+ years statements and I noticed that her contractual repayment of principle + interest had reduced to about £320 from July 1st . I queried this sudden drop of about £100 per month and eventually received a letter stating that she had been on a fixed rate mortgage for 5 years and that it had just reverted back to their current rate. I have sent a SAR to Woolwich to try and obtain all information regarding this and transcripts of the phone calls which were supposedly recorded. However time is running out… Do I fill out a N244 to apply for an adjournment to give them more time to clarify the amount of arrears (They are saying around £3000) but I do not recall there ever being any fixed rates for 5 years – and the mortgage started in 2004. Unless they put her on a fixed rate in 2006 this doesn’t compute. She cannot remember what the deal was. If she was on a 5 year fixed rate and she has got the arrears they state – she is now in a financial position to pay the contractual amount plus around £40 pm off the arrears. This has been offered (and paid for the last 2 months) but basically asking them to clarify the exact amount of arrears first. What do I do? Any help greatly appreciated Thanks
  4. Subbing with interest! Have you heard anything from HSBC since the recent judgement? Am just about to start a similar claim with them - I am self-employed... Best of luck anyway
  5. Subbing with interest - just had an SJ application chucked out
  6. Sorry for delays folks but here is the update. Thanks for your info Debs - really appreciate it. There was supposed to be a telephone conference call Allocation Hearing organised by the claimant's solicitors. We hadn't heard a thing from them so we turned up at the court and ended up in the Judge's Chambers where she contacted the Claimant's solicitors and she decided that the case should go Fast Track because we were going to counterclaim for missold (An understatement...!) PPI. In fact it appears to be a fraudulent alteration to the application form. In short she has been paying PPI every month since 1995 when she categorically stated she did not want it (only working as a part-time cleaner at that time). I think the Claimants want the case to be struck out and I think we have enough evidence to have it struck out... However I did a rough calculation using one of the spread sheet interest calculation templates with fairly conservative figures in for the PPI element of her monthly payments and the amount they have overcharged her over the last 15 years works out to be around £24,000 if using contractual interest. So really we want to counterclaim for this amount. The alleged debt is about £9,500. The problem is the claimants have only ever produced the following: 1) Notice of assignment (a letter from CL Finance) 2) Original - fairly illegible - application form / agreement 3) 12 months statements - including approx £1300 PPI My questions are: a) Is it possible to counterclaim based on estimated figures? b) If not - I presume we must get from them all the statements re: this account. We have been trying to get this info for over a year now. c) If we can counterclaim based on estimates when do we put this to the court. Currently we have been using the "Embarrassed Defence" and have reserved the right to issue a counterclaim when the claimant provides the documentation. The timescale has been as follows: Trial 09/08/2010 (allowed 3 hours) Claimants to pay listing fee and hearing fee by 12/07/2010 (£600) Standard disclosure by list by 30/04/2010 (which we did but claimant did not) Witness statements to be filed and served by 11/06/2010 Any suggestions would be appreciated Many thanks all for reading this.
  7. Hi I have an unusual case here regarding a Debenhams card that my partner took out in 1995. Link is http://www.consumeractiongroup.co.uk/forum/legal-issues/243089-cohens-cl-finance-ge.html There was supposed to be a telephone conference call Allocation Hearing organised by the claimant's solicitors. We hadn't heard a thing from them so we turned up at the court and ended up in the Judge's Chambers where she contacted the Claimant's solicitors and she decided that the case should go Fast Track because we were going to counterclaim for missold (An understatement...!) PPI. In fact it appears to be a fraudulent alteration to the application form. In short she has been paying PPI every month since 1995 when she categorically stated she did not want it (only working as a part-time cleaner at that time). I think the Claimants want the case to be struck out and I think we have enough evidence to have it struck out... However I did a rough calculation using one of the spread sheet interest calculation templates with fairly conservative figures in for the PPI element of her monthly payments and the amount they have overcharged her over the last 15 years works out to be around £24,000 if using contractual interest. So really we want to counterclaim for this amount. The alleged debt is about £9,500. The problem is the claimants have only ever produced the following: 1) Notice of assignment (a letter from CL Finance) 2) Original - fairly illegible - application form / agreement 3) 12 months statements - including approx £1300 PPI My questions are: a) Is it possible to counterclaim based on estimated figures? b) If not - I presume we must get from them all the statements re: this account. We have been trying to get this info for over a year now. c) If we can counterclaim based on estimates when do we put this to the court. Currently we have been using the "Embarrassed Defence" and have reserved the right to issue a counterclaim when the claimant provides the documentation. The timescale has been as follows: Trial 09/08/2010 (allowed 3 hours) Claimants to pay listing fee and hearing fee by 12/07/2010 (£600) Standard disclosure by list by 30/04/2010 (which we did but claimant did not) Witness statements to be filed and served by 11/06/2010 Any suggestions would be appreciated Many thanks for reading this.
  8. Thanks Vint - I've just been going through it all. It seems to be if you are the claimant there could be problems Regards
  9. Hi all - just to keep you up to date... nothing really happened yet. We received a letter from the court saying that the Allocation Hearing will take place on 24th Feb "...by way of a telephone conference, the claimants solicitors to arrange. 20 minutes allowed for the hearing.." Then it says: "Please note: This case may be released to another judge, possibly at a different court." Currently it is set at our local court - can they change this? Also any ideas how this will proceed - i.e. what happens at an Allocation Hearing? What if we don't hear from HC (obviously we will ring the court - but at what point do we do this? On the day? Day before? Input and help would be greatly appreciated Thanks Debs - yes it was converted from a store card to a credit card without signing a new agreement and I did reference the account number they are claiming on when I did the draft directions in the AQ re disclosure of the documents. Unfortunately I had already sent HC a copy by the time I saw your comments... What is it that people are saying reference "Manchester cases decisions" - is it some sort of test case? Does anyone know anything about these? Cheers & thanks everyone
  10. Thanks for the responses folks. Vint - I think its too late to start corresponding with them as its already in the legal system but your comments could be very useful for the proper defence if the judge orders them to produce all that I've asked for in the AQ. Thank you for that. Debs - Yes it appears so... and the a/c number on the claim is different to the one on the agreement they sent (which is also illegible in most parts). Do you think they will get away with that as being the original a/c number? Jogs - Agree totally 100% Anyway I've managed to complete the AQ and am sending copy to Cohens as well as dropping one at the Court tomorrow. Now its "wait and see what happens next" Thanks again everyone
  11. I wonder if someone could have a look at my thread please. I have to get the AQ in tomorrow and want to get it right... http://www.consumeractiongroup.co.uk/forum/legal-issues/243089-cohens-cl-finance-ge.html Thanks all :?
  12. She is pretty certain that they did not terminate - but she was on a PayPlan scheme around that time. I think the 2nd one from CL is made up. I've just managed to get links to the agreement they sent - and as I said most of it is illegible and the account number is totally different to the one on PoC. http://i50.tinypic.com/ejhd7b.jpg http://i49.tinypic.com/1znpstu.jpg I have to get the AQ in by tomorrow latest - any suggestions? Thanks
  13. Have put the links in Post#3 now - should be ok Thanks
  14. Here they are - sorry no scanner but took photos then photoshopped details out. Hope this works... It didn't but uploaded now to TinyPic - links below: http://i50.tinypic.com/2ywtq9e.jpg http://i49.tinypic.com/2z9e7pk.jpg Thanks for looking
  15. Hi everyone… This is my first post on CAG although I’ve been watching it for ages. Well done all for providing the “light at the end of the tunnel” for people. I am trying to deal with my partner’s problems and the current situation with one DCA is as follows: Debenhams Store Card initially (from 1995) Current alleged debt £9000 + Problems started March 2008 Default Notice from GE Money May 2008 Started Payplan payments to several creditors Viking letter (threatogram) early August 2008 Viking letter (file closed – returned to GE Money – legal action commencing) CL Finance – Notice of Assignment – will honor Payplan arrangement – November 2008 CCA to CL Finance late November 2008 CCA reiterate request after receiving statement December 2008 CLF letter – in process of obtaining info – mid December 2008 CLF letter – copy agreement – statements – t&c – end Jan 2009 They actually sent 12 months statements from GE Money (when asked for all or minimum 6 years) plus an illegible application form/credit agreement. There are 2 issues with the agreement: 1)Different account number 2)PPI not required ticked – crossed out – then PPI required ticked by someone else. Noticed PPI charges on 12 months statements approx £1300 My partner was employed as a part-time cleaner. Letter to CLF requesting full statements with all charges or minimum 6 years as per original request. SAR letter to CLF – both sent early Feb 2009 CLF letter re: SAR stating no charges have been added since assigned and no statements available except those already sent – suggested contact GE Money – returned £10 fee late Feb 2009 SAR to GE Money – early July 2009 (NO RESPONSE TO DATE) CLF – Cohen Court Claim received end Oct 2009 Northampton CCBC Cohen letter received stating “you will now have received……” CPR letter to Cohen requesting info – early Nov 2009 Acknowledgement of Service to court – early Nov 2009 Embarrassed defence sent 24/11 Letter from Cohen 25/11 – “all we have to supply are those mentioned in PoC – credit agreement copy – default notice – notice of assignment. Now this default notice is a new one (not the one from GE Money in May) and has never been received by my partner. It is dated end September. Court defence acknowledgement 27/11 AQ received 6th Jan to be in court by 21st Jan Can anyone please help on the AQ (N150) – have found similar cases from GhostDebt and Creditcardmug which AQ’s could be used but I think this part is critical and if there’s anyone out there please can you help …. Thanks
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