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Everything posted by xray2

  1. Hi, My husband is in court today arriving there from his place of work. Postie has just delivered a letter from claimants solicitors which is a statement of costs 'by way of service' for the forthcoming hearing and is dated yesterday. Is this not intimidation they haven't even won the case yet? Is there no protocol on this? Should I get this letter to my husband so that he can show it to the judge? Thanks
  2. Hi, We have Virgin Media phone, broadband and TV and the bill is due at the wrong time of the month for us. We have tried to change payment dates to no avail, consequently every month we get a £10 late payment charge. Obviously over the last year that amounts to £120 to Virgin!! Is there anything we can do because the little bit of reading I have done seems to indicate that this amounts to an unlawful penalty charge? Thanks
  3. The first default was not remedied and a second issued therefore I thought this breached the DP laws? Also, penalty charges have been added and interest accrued on them all included in default notice. The original creditor did indeed sell the debt but we have no notice of assignment of that debt and it would appear neither do they. In the N244 the solicitors have ticked they are the claimant - does this mean there are now two claimants or is this another admin error. On there order they have asked to change dates they had made in error but they have also changed the amount too. T
  4. Hi Its in court tomorrow . They are saying it is on microfiche does this constitute an original? They have no notice of assignment or any real proof of purchase of the debt. They just refer to this is an example of what would have been sent!! Also, they should have submitted evidence within 14 days of hearing to both parties but this only arrived today! They have put in an N244 to amend their POC due to admin errors but have made admin errors on the N244! argggghhhhhhhh PS They have also claimed to have issued TWO default notices within a 6 year period - is this
  5. Thanks - I realised after I posted that I was after the Law of Property As to the agreements they are pretty much illegible all 3 signed by the debtor but only one by the creditor. Had thought they had to be signed by both parties Thanks again
  6. Do agreements covered by the CCA have to be signed by both parties to be enforceable and if so does anyone know the relevant section of the Act? We have been provided with copies but only one is signed by both parties. Also notice of assignment there is not one I assume this comes under the CCA too anyone know the relevant section. Thanks
  7. They have also stated on their POC that they issued a default on xxxx and then in evidence admit to an earlier one within a 6 year time frame .. that means two default notices I know the CCA says a default notice can only be issued once but can't find the relevant part of the act grrrrr!
  8. Part18 does not apply to Small Claims track
  9. Thanks They do have a copy it just isnt very legible. What they do not have a copy of is a notice of assignment though they provide an example of what one would look like rofl!
  10. hi, we submitted evidence attached to our N244. We have asked for legible copies of the agreements, notice of assignment and copies of default notice they say was made this year. We have asked for strict proof. They keep banging on about providing us with info under the CCA but we asked for it under the CPR. They have admitted copies of agreements are not signed by both parties but argue this does not matter because copies are not evidence and we have not been prejudiced by the fact that they are not signed by the other party and that they can omit from copy documents the signatur
  11. BTW we submitted a N244 which is being heard immediately prior so does this change the evidence submission dates? They have also subimtted an N244 to amend the POC's which they had got wrong.
  12. Hi We have a court case tomorrow the Notice of Allocation states "Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely no later than 14 days before the hearing." About 10 minutes ago my postman turned up with an A4 file of paperwork the claimants solicitor says they have filed in court in readiness of the forthcoming hearing. There letter is dated the 5th and the postmark is 8th we have recieved evidence the day before, surely they cannot be allowed to depend on this? Interestingly I
  13. Caro I have sent Steve something and am hoping you two can share Thanks I am so very grateful and hoping I will actually get a full nights sleep soon and it will be all thanks to you two
  14. Definately not cash payments my husband did have a credit card for a while but we think not at that time period but cannot be sure. I have asked them to tell us what method etc surely if they do know then they are just obstructing and ensuring this goes to Court? Thanks for everything soooo appreciated
  15. Hi, We have 3 letters from IJ all stating the Creditor as SLC, however HSL are trying to say the following they purchased the loans but the SLC continued to administer them until 2004 see below: So if they are claiming that SLC acted on their behalf then IJ were acting for them only we did not know that, that doesn't sound very fair! A in post #10 is a letter I sent to the Judge recently, we were informed that to consider dismissal a N244 needed to be filed. However, on the same day that letter arrived a letter from HSL arrived with 'some' of the requested documentation
  16. Thanks £75 is better than the £3,500 plus £2000 costs they want to claim if they win. Thanks again
  17. So do we need to fill in a N244 to do this? Or do we submit a letter to court? Or do we just turn up on the day and ask for strict proof submitting to the Court the loan agreements sent to us by HSL as evidence? Thanks
  18. Hi, I am so glad you asked for these because I think I have found a large mistake in their particulars of claim. They are claiming for loans dated between 20/01/1995 and 20/01/1995 and the loan agreements they sent us show my husband signed for them on the 24/1/1995, the 27/11/1995 and the 2/10/1996 all of these are surely out of date with the claim dates above?? BTW the loan agreements they supplied are unsigned by the SLC with the exception of one of them and the backs are unreadable due to badly scanned copies but they do clearly show the dates. We have been reall
  19. Hi, Here is their claim (BTW this is going to small claims does that make a difference?) They seem to be relying on the fact that we made a payment which we know we didn't hence why we asked for proof. Our defence was pretty rubbish given what we now know! but it is here for those who want a laugh! We did send the other letters (seen in earlier posts) afterwards. Neither of us are familiar with any of this and cannot afford legal representation (I have been unwell for some time and currently unable to work). The above was provided for a statement of case. It wa
  20. Caro I really appreciate your help. Here is the letter sent by HSL on the 15th in answer to our requests. Just as an addition we do dispute the payment in March that they mention and can show bank statements which show no payment went out to them. Further we do not have a myraid of letters as they state. Further on the SAR (or that they have allowed us to see) it says somebody came to the house Feb 12 2008 was seen by our daughter and that my husband refused to discuss anything. I can say that in Feb 2007 somebody came to the house and spoke with my daughter (who was 13 a
  21. Hi Caro, The defence to date was a bit of a mess as we were ad libbing! We intend to submit evidence that shows we have no evidence that this company ever bought the loan (which we don't) we do have a letter from the DfEE stating that my husband's loans were not sold on but that is dated 1998. Can I add attachments here? A. This is the letter sent to the Judge on 4 August ... To the Honourable District Judge xxxxxxxx, In the xxxxxxxxxxx County Court Honours Trustee Limited -v- Mr xxxxxxxxxxxx Claim Number: 8XE46663 Please find attached correspondence with the
  22. Thanks Andy, I did do as you said earlier today but I expect everyone is busy. Hopefully, someone can have a look for me tonight and help out. Thank you very much for all your help, I really do appreciate it very much
  23. Thanks for your help. We are attempting to defend but time is against us they have been so late and so much is missing that we requested from them! Will let you know what happens, thanks again
  24. Thanks saint - I shall get that sent off to both companies chasing this tomorrow.
  25. Thanks Scott Do you know then if I should be requesting a SAR from the debt collectors who are chasing or from T-mobile?
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