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Everything posted by gubbins1

  1. Hi Slick, no CCJ against me , they just went straight to repossesion. Seems they were determined to get my house . Their solicitor even said as much outside the courtroom before we went in. He said that there would be no terms for repayments , just full repossesion. Luckily , the judge thought different.
  2. Thanks for the replies slick and ims. The business loan was secured with me as principal debtor. After contacting the court , it seems that there was no judgement as such , just a suspension of possesion order .It looks like I don't have much of a chance to get Barclays to set a decent sum for settlement. I'll have to wait to see what figure they come up with . Thanks again.
  3. Hello . I have had some great advice in the past from members at CAG , and wonder if anyone can help with my latest problem. I took out a £30,000 secured business loan from Barclays when I set up my company in 2005. Long story short , the company was wound up and Barclays took me to court for the outstanding balance on the loan , which after all the interest had been added was £25,000 odd. Barclays did all they could to get possesion of my house , but the Judge ruled that I should be allowed to repay the debt at £400 per month. I have met all the payments since , and after
  4. Thanks for the advice. I will do a bit of swotting.Hopefully I will be able to bluff my way through.
  5. Don't really understand a lot to be honest. I just hope they don't ask too many questions . Thanks for all of your help guys.
  6. Hello docman , CCM . I've had a rewrite. Maybe you could have a read through if you have the time . Again, any suggestions greatfully received. In the Kingston upon thames County Court Claim number xxxxxx Between Bank of Scotland (Texaco Global)- Claimant and Mr XXXXXXXX – Defendant I would like the court to accept this amended defence as a replacement for my defence supplied to the court on 9th January 2009. Def
  7. Thanks docman. Are you saying that a lot of the first draft of my defence needs to be removed, or just add the bits you have included above ? With regard to the default notice, I don't seem to have received one. I had a formal notice which I have copied below. Not sure it is of any use. Formal Notice Your Account is in arrears You must now make an immediate payment to avoid further action Being taken. As a consequence , you must now return any cards relating to this account that you have in your possession immediately.Your credit facilities have bee
  8. Right , i will find it and try to get my scanner working. It's a bit tempremental.
  9. OK, that'll take some finding. Need to pop out now , but will get on it first thing. What sort of info do i need off of it ?
  10. I have the default notices from the debt collectors Wescot.I probably have some from HBOS , but i would need to search for them. Which do i need ?
  11. Hello CCM , I get the part about the S69 interest charges , but you have lost me a bit with the deeds and notices.
  12. Docman or CCM (or anyone else) . If you can find the time , I would appreciate an expert eye cast over my defence . Any suggestions for changes or additions would be welcomed. In the XXXXXXXXX County Court Claim number XXX Between XXXXXXXXXXXX- Claimant and Mr XXXXXX – Defendant I would like the court to accept this amended defence as a replacement for my defence supplied to the court on 9th January 2009. Defence I ,XXXXXXX , am the defendant in this claim and make the following statement as my defence to the
  13. Thanks CCM. I will work on preparing my defence over the next couple of days. I've got a day in court tomorrow for a reposession claim on my house. I'll get that out of the way , then maybe I will be able to concentrate a bit better on this claim.
  14. No , no prescribed terms.Only reference to terms is a section that says ' under the terms of this agreement as set out overleaf ' . Unfortunately they did not copy the overleaf.
  15. Hello Docman, the 'agreement' from 1994 is actually a copy of the application form I filled in, with your Halifax visa application at the top. There are some terms on there , but the copy is so bad it is hard to make them out. I could try to decipher and type them out if this would help. If you could suggest a few bullet points to concentrate on , I'll have a go at formulating a defence. I suppose I could pick a few bits out of the holding defence I filed.
  16. OK , here are tghe new POCs from HBOS's solicitors. 1 : The claim relates to sums advanced to the defendant pursuant to a mutally agreed agreement between the claimant and the defendant. The agreement is dated 25th July 1994 and exhibited at A 2 : The agreement was for the provision of short term credit , via associated stationary such as a credit card.Details of the creditor/claimant appeared on the physical card , statements and associated stationary. 3: The sum claimed relates to multiple advances on a Halifax credit card.Halifax are owned and part of Bank of Scotland PLC, be
  17. No signed agreement , just a signed application form from 1994. Having a few problems with my scanner , so I will have to type out the details of the POC tomorrow.
  18. I filed an holding defence before the hearing in Jan. I would like to file some form of defence just in case. Same again do you think ?
  19. According to the person I spoke to at the court this morning, nothing further has been filed. I will try to scan in the new docs, but basically they consist of . 1 : Copy of my original application form from 1994. 2 : 160 statements. 3 : copy of screen print for £ 100 payment to Wescott debt collectors. This is what they also presented at the hearing to get the claim reinstated.
  20. Hello CCM, yes it does say that the claim in default automatically struck out , but that was the case also in November. I received today from HBOS thier new particulars of claim , which consist of a copy of my application form from 1994 , copies of all my statements , and a screen print of a payment Wescott received from me for £100. At the hearing for reinstatement , HBOS's solicitors were trying to get a favourable judgement on the fact that I did not file a full defence , so I don't want to be in a position where the judge rules in their favour due to me not filing a defence.
  21. Getting back to my original thread, the claim has now been re-instated after the hearing on 28th January. The judge has ordered that HBOS file and serve a fully particularised claim in the correct form by 4 pm 04/02/09 and myself to file and serve an amended defence by 25/02/09. Having just contacted the court , it seems that HBOS have not filed any further POC by the due date . They had provided an amended POC for the hearing ,but I am assuming the district judge wanted ammendments to the structure . I filed a holding defence previously , but still do not have any further info
  22. I have done , thanks docman. I used parts of the defence you posted above , and also included a letter asking for adjournment until a later date. I rang the court to ask for another date for the hearing , but requests must be in writing apparently.
  23. The solicitors for HBOS now say that they have sumitted fully particularised claim to the court. They have not sent me a copy of this though. Would the holding defence still be applicable as I have not received the new POC ?
  24. Thanks Docman, massive help. I am not familiar with a CPR, I will have to try to find out exactly what that is. I did request a copy of my original CCA , and all they sent was a copy of my application and what was supposed to be my CCA , but with wrong address and sent from HBOS . The card was with Halifax when I took it out 14 years ago. I'll amend what you have sent and send it off.
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