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tallyho!

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Posts posted by tallyho!

  1. At the time the claim was issued I took advice from CCCS, who said to part defend i.e interest and court costs. Unfortunately at the time I was completely naive and unaware of this forum. The DCA has not comlied with my request for CCA and CPR18. Only going through my papers ready for today did i realise I never had a default notice. Again completely naive to these things. I will apply to have it set aside, i just don't know how to go about it. I have now learnt my lesson for next time...

  2. Hi,

    Been to redetermination hearing today. As X20 said No Joy.

    However the judge. who was very nice by the way, made it a Forthwith,but said the claimants would have to apply to the court for permission to apply for a charging order, and whether that would be granted was another matter given that other creditors would be disadvantaged. He did seem concerned that there had been no response to CCA,CPR18 or the fact that no default notice had been served, but said he could not deal with that as this hearing was to determine judgment. Almost as an aside, he did say I could perhaps apply for judgment to be set aside.(he even told me where in the building to obtain the form).

    So how do I go about this now? Any help appreaciated.

  3. Hello again,

    The amount the DCA claimed on N1 was £2541 including interest,solicitors and court costs.

    The amount I admitted was £2082.61 (didn't know about this site at the time unfortunately).

    Now the interest and fees have been disallowed by the looks of it, but the Judgment was still £329 pm.

    Financial statements were prepared with the help of CCCS and all creditors were getting £1 pm, which they are all accepting, including this one until they decided to take it to court. I sent the DCA a revised and up to date Statement of Income and Expenditure and the same to the Court with my partial defense.

    What annoys me is that I have got a huge debt with another company who has been great.

    This particular DCA have been nasty, they've cashed my payments for CCA yet not sent anything, in fact they said they were going to order it from OC way back in May. I have not heard a thing from them or their solicitor since the N1.

  4. My husband only found out about his CCJ by phoning Northampton Bulk Centre to see how the case was progressing.. and the told him that the CCJ had been issued yet he never received it so therefore defaulted. As it was past the date for objection he filled in a form for variation, can't remember what it's called, sent it off and next thing he had a letter to say it had been removed by the local court.:)

  5. hi. thanks... computer has been down for a few days so not been able to check.

     

    Ok, so what you are saying is, I just go along to the hearing and say that I can't afford to pay the amount set and hope for the best :)

    The amount set is for £329 per month, but my Financial Statement. prepared with the help of CCCS shows a deficit of -£21 per month:confused:

     

    Can I not complain somewhere about non receipt of reply to CPR18?

  6. Oh, thank you so much.

     

    As far as I ca ascertain the claimant are in breach of the following

     

    PD General 1.4 (3)

     

    Compliance with protocols:

    2.2

    3.1(a)

     

    Pre-actin behaviour:

    4.1

    4.2 (a) (d)

    4.3 (a) (b) 9g)

     

    CPR 14:

    14.5 (4b)

     

    CPR 16 PD:

    2.6

    2.6 9a)

     

    CPR16:

    16.2(1) (a)

    16.2 1 (cc)

    16.4 1 (a)

    16.4 2 (a) (iii)

    2(b) (i) (ii)

     

    No response to CPR18 dated 3.6.08

     

    If all this is relevant, should I mention this to the judge on the day, or send a letter in advance?

     

    Your help is much appreciated, thanks.

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