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Everything posted by lafey

  1. Hi ford . Thanks for that . Have sent off CPR 18 . I will have a look at s140 . Would you read anything into them getting rid of Fairfax solicitors and handling it theirselves ?
  2. hi... i manged to sort that out ! ... but am a bit confused ... have recieved arrows aq copy in the post and they have ditched their solicitor ( fairfax ) and stated they will be dealing it themselves ... is there anything to be read from this ?? good news or bad news ??
  3. Hi .. after some more help if possible ..... need to send allocation questionnaire off soon and am not sure exactly how to do it and also can someone advise which CPR letter to use to get info for an overdraft and who should i send it to ??
  4. its from bradford .. so i didnt need to file a defence ?
  5. where is red triangle ... can only find one to report post !!
  6. I think i have made a boo boo ... i sent the acknowledgement back stating we would be defending and it got sent back to us today saying we hadnt entered a defence .. i thought if we acknowldgd then we didint have to put defence in until later ??
  7. Good morning all .. Mrs Lafey has received a CCJ with arrow global as the claimant. IT is for an old TSB overdraft of circa 8K . We intend to defend it all as it was a complete hash on lloyds part to start with ( thought we had got rid of it to be honest .. it will be 6 years in may !! ). We have dealt with a CCJ before but that was for a credit card so i know things will be slightly different. so i was wondering the following points : 1) We will be sending claim back tomorrow defending all ... do i need to put anything in defence box at this point to say i will be putting full defence in later ? 2) Which CPR rules should we use to try and get docs from Arrow Global ( Is this even the right way for and O/D rather than credit card? ) 3) is there anything else i need to be doing at this point ? Thanks for your help
  8. thanks very much for that info B3rty .. it does say full and final in the terms ... i will maybe try and get the amount down a bit ... but was sure i had heard some horror story where someone has entered into a tomlin agreement and the claimant then applied for a charging order to securitise the debt !!
  9. thankyou for that ... might have a go at chipping at the offer they have made ... but just to be sure ..... if payments under the order are kept up then they cant go for charging order ???
  10. without adding this to my other long thread we have been offered a settlment by a bank who was taking us to court ( trial due in march) .. The terms of the settlement do seem fair and it would save my wife a lot of stress by avoiding the court case ( even though i am sure our defence is good) . However they want us oi sign a tomlin order to agree to the terms . My obvious worry is that if we agree to this then they will go straight for charging order ! . Does anyone know if this is usual practice as if this is the case it is not worth accepting . Thanks for any comments
  11. remember to check if there are any trade agreements between the exporting country and the uk .. this can sometimes lower the duty on certain if they provide you with a certificate of origin
  12. best thing to do would be to use a customs clearance agent .... they charge a fee but will work out everything for you and deal with customs ... how will goods be arriveing in uk ??
  13. they have already admitted they dont have dn but most of the stuff they have sent me is in their witness statements so have made sure i have added all their exhibits to my list
  14. Sorry if that seems vague but after going through all my documents to do a disclosure list i have come across the following anomoly .. They say a formal demand was issued on 17/9/08 and the account then closed on 10/10/08 ..... then on 3/11/08 an arrears letter was sent inviting us to pay two missed payments .. This obviously does not seem the right thing to do if the account was indeed closed .... Anyway i can use this to my advantage ??
  15. their list will be empty then !! lol .. each time they send me something it helps my case ... still .. cheaper than a solictor !!
  16. thankyou ... thats great .. will get it sent off ....just one more thing ( hopefully ) ... should i list the documents that they sent me that i want to rely on or will they be in their list ... is it better to be safe than sorry ?
  17. thanks for that ... the way the judge told it i thought i just had to write a list .. he didt say there was a dedicated form for it ... can i download this form do you know ??
  18. Hi all , i have a thread abouth my case but just need to know a quickie ... I have to file a trial list of documents by next weekend ... Is it as easy as it sounds .... just a list of documents that we intend to rely on in court ???
  19. i would have to question the police force on this one too ... they shouldnt be breaking down the door for a tv licence warrant !!! .... when was this .. what part of the country are you in ??
  20. thats exactly what is dangerous ... a lot of our action here is dependant on picking holes in what the banks have done and exposing what they havent done properly ... just for the judges to say ... " well they probably did it " !!!
  21. wow !! that sounds reallyt unfair wino .. what reason did the judge give ??? ... i am thinking that the judges are using "balance of probabilty " as basically a way out and then see who can be bothered or indeed afford to appeal !!!
  22. thanks for that !! i was worried that the truck full of pain killers may have completely numbed my brain !!! .. i actualyl sat down twice before to do it and fell asleep !! al least i got a couple of weeks before my disclosure list has to be in ( think your help may be required again on that )
  23. thanks for that citizen ... have used some of it in the defence .. rest of it makes good reading though .... definately some more things i can use ... i have sort of made my defence as brief as possible on purpose while still making the main points .... i have at least one thing up my sleeve that i dont want them to have wind of ( even though they have provided the evidence) lol !!
  24. have just sent my defence for a case i have coming up and have been looking around the forum to see how othere cases have been going .. Have been seeing more and more that Judges in CCA trials are determining outcomes based on Balance of Probabilities .. From what i can read it seems like a real let off for the Claimants .. They dont have to prove they did things right .. its enough to say " well we have done a few of these correctly so we probably did do on this occassion to " . have read of instances of Judges ignoring things like the fact that Cca is unenforceable just because they feel that on the balance of probabilities it would have been correct . Doesnt this go against what i thought to be the way it should work ... If you sue me you prove i owe you the money and that you did everything correct and i will pay you !!... just wondering what others think ... Has this always been the case ( i am fairly new to it ) .. Just doesnt seem a very precise way of doing things to me !!!
  25. thank you citizen .. hopefully all will be well after tomorrow .. having the offending wisdom tooth exterminated !!! ..... paint in the tooth gone ... and hopefully in a few months ill get rid of the pain in the arse too
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