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Everything posted by looloo200

  1. thank you all for your replies. I personally dont think i have a hope of getting the judgement set aside. They only had a valid cca, although they didnt deliver witness statement and statements until 30 mins b4 hearing, the only thing i had to go on was the screenprintouts for default notices, which the judge said was perfectly acceptable and wouldnt listen, thus striking out my defence and granting judgement. There was no question to him that i didnt owe the money, which i had to admit in the end to the judge. however he DID listen to the fact that i had had 18mths reduced payments and hadnt missed any payments (i didnt have copies of the agreement but he accepted my word and their sols confirmed it) and that the court action came out of the blue when they wudnt renew red pyts and that I couldnt understand this and the fact they wouldnt negotiate with me. I told him that the first 6 mths were 205 then 6 mths later, they renewed it and i said i was struggling and THEY suggested i reduced at 170, then it was renewed for another 6 mnths at same. Their sols tried to make out that i reduced the payment without their agreement, which was a complete lie and the judge questioned her and she admitted they reduced the payments to help. I had to hand a a copy of my income etc as produced with cccs and he actually sed he wanted to help me and help me pay the debt off with what i could afford. Through all this action i have maintained payments at 180 to 185 and in accordance with pro rata suggested 185, he said 170 was perfetcly acceptable. Their brought up that I had assets, I sed yes my house i live in, judge sed basically no land registry searches in front of me, no case. She appealed to him again on these grounds, he looked again at the papers and firmly told her that as the debt was unsecured, the original term was 84 months, he didnt find ten tears to pay the balance off unacceptable, with this in mind and turned down sols appeal saying he was using his discretionary powers. It was the judge who sed they cud apeal to a circuit judge. I am just worried this is what they will do, if they appeal do I have to pay their costs again ??? or further, already 1800. i dont want to appeal, personally i wan to pay the 170 and can and will and can just manage it. They are def after CO, and poss order of sale. I cant lose my home. Why cant they just accept what he ordered???. I cant take any more, i am not even over the hearing yet it was terrifying, i am still having nightmares, i am not running up any more debts i stick to a budget and am paying everythin off slowly but im doing it the judge could see this. why cant they leave it. Leave it as it is in ansa to your quest CARO thank u so much. I can pay the 170 I have 2 kids and want to be left alone to pay it all off. which can be done by ten years. I just fear what they will do next and how much costs will be. Please help
  2. been to court today, they got their way and got my defence struck out, judge was having none of points re default notices. However, he was nice and wanted to help me and he granted i pay 170 p m from 1 feb, not the forthwith judgement they wanted. They got costs but not as much as they wanted. The solicitor appealed his descision and although he listened to her points re my house and equity he stated that he couldnt see any evidence in front of him. He looked at my up to date income and exp and said he was excercising his right of discrestion and turned down their appeal. however he did say they could appeal to a circuit judge. Anyone one know what implications of this are. Why cant they just let it rest. The judge brought up that the loan was Unsecured, they argued it wd take to long to pay off, he doesnt think so.. I had no choice but to admit liability in the end but I think the fact i had had a reduced payments agreement with them and that all along i have maintaned payments, went in my favour. Please please help what can they do now. What are the implications of a an appeal to a circuit judge by them. i can t take much more, it was horrifying bt i kept calm and spoke up for myself and the judge acknowledged this.
  3. hi andy, no still no witness statement, or disclosure statement, they have writen to me sayin they wont issue them until this hearing to strike out my defence is over. not sure how they can get away with that. i have written to the case mnager complaining bout that. i have had notification the hearing is now 8th January. still not sure what to say at this or wot to arm myself with.
  4. hi and thanks, I was so cross, still am, what do you think they are up to, i have even filed my, pre trial questionnaire. You know they have never adhered to any of the order the dj made in august, still no witness statement, disclosure statement, when i filed my pre trial q on 15th decemer, i did attach a letter to the case manager, complaining about this, could this be the reason why ??. Please can you help me be prepared , my biggest tool is as i said screenprintouts only regarding default notices.
  5. today s hearing was adjurned with permission of the judge at the request of the claimant, at the very last minute (i was advised by the court yesterday).. The claimant asked for it to be rescheduled for first date available, 28 days after 5 january due to it being the SEASON OF GOODWILL !! . although i suspect it being somehting to do with the claimant s solicitor s xmas hols. I am fuming ! I wanted it over with, this is just an Application Notice hearing re them striking out my defence, the trial window is early Feb, i dont undersand what is going on. I m really stressed and frightened. Please again, i need to be prepared for this an hearing when it appears, please advise what i should take with me and be prepared to say. My biggested weapon, is no real proof of default notices, and unexplained transactions on the statements. Please, please help
  6. Andy, this is what the hearing is for on 18th December, i will post a copy of my witness statemnt shortly. I have today also receivd a letter from court advising me that the date for filing listing questionnaire has been changed to 22nd Dec rather than 17th December, obviously after this hearing. they are after summary judgement, does that mean they could win on 18th December and not go to full trial??
  7. Hi, just to recap, my witness statement successfully submitted, noted in it that claimant s never submitted to me disclosure satement or their witness satement as per court order. Still only ever received copies of screen printouts regarding Default Ntices. However due in court in two weeks for 30 min hearing regarding claimants Application to get my defence struck out by the judge.. Just wanted any advice as to what i should take with me, what to say etc.Would be grateful.
  8. Hi, thanks for your reply, do I have to quote all the law cases ? Will you give the witness statement a once over before I send it ?
  9. Hi Andy and thanks, I have received as you know two copies of the credit agreement, they are true legible copies. do I omit this section? I have received a statement , showing all payments etc, but there is no name and address on them, just an account number and some transactions I dont know what they are, they dont say fees. No other fees have been added apart from sols. How can i answer this section? I still have not received copy of default notice, just one screen printout, no acc number on etc saying one was despatched June 2006, that remains to be seen. How can i amend this section. ?? Regardin the hearing now in December, how can I answer to their request for summary judgement. Am i replying they may well have true cca but i have not really had answer regarding fees/charges, never recd default notice, not entitled to interest re ccAct, they have failed under pre Action protocols, I still haven t received any disclosure statement from them. Do I mention we previously had reduced payments and they have acted unreasonably by bringing the claim. I feel I dont know how to answer their application for judgement, or what to bring to the judge s attention. Does that mean they are likely to get judgement that day and there be no trial february ?? Sorry alot of Qs. Thanks
  10. today at least the judge has changed the date of the hearing for me until 18 december. Still could use some help with the witness statement. does anyone know the format it should be and what to include.
  11. Hi help needed with putting together a witness statement, what info it should contain and how to set it out. Wld be grateful for any ideas. Thanks
  12. yes I have written to the court and am waiting for a reply. As for the hearing it says I should attend, it is to hear the claimant s AN and will last 30 min, i am away on that date on a course. Yes I know where to get an AN. Thanks
  13. Yes, I have had a notice of hearing from the court, it is 4 24th november at 12 pm, 30 min hearing, in response to the claiman ts application notice, it is genuine, they are looking for summary judgement. However, they have not sent their disclosure statement/copies of documents which should have been done by order of the court by 24th Sept 2008. All they have sent is the cca, printouts of a screen regarding DN x1 and the schedule of arrears. How do u mean something not quite right, ? I want to move the hearing becoz i m not available, complain they have not complied with the order re disclosure and want to be able to respond to their application notice to strike out my defence and get summary judgement, I need to be prepared but not sure what I can do and most importantly attack the latter. Many thanks
  14. Can i report to the court The Claimant s have not complied with the court s order for disclosure and ask for hearing to be changed all on n244, or is it best to write letters ? will the judge take note of a letter?
  15. It was a notice of hearing from the Court. What do I have to say at this hearing what should I be doing, should i be amending my defence? Can i report to the court that the Claiman ts havent adhered to the order, the judge made in August, ie standard disclosure by 24th September? Should i still send my witness statement in by 5th November ? A lot of questions I know, but i dont know what to do next, which direction to go.
  16. Notify the court in writing? Can I notify the court that the claimant has not adhered to the order the judge made for standard disclosureby wed 24 Sept? Or does this AN override that anyway ?
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