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ohitsonlyme

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ohitsonlyme last won the day on February 24 2011

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About ohitsonlyme

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  1. I am still in a similar position to you are you a member of the SME alliance??
  2. Renegade, I meant default judgement, not default notice, However following on from what you've said,are dca allowed to register a default notice? As lowell recently have on a previously defaulted account Onlyme
  3. The consensus seems to be to let sleeping dogs lie, both here and other sites and so this is what I will do I've subscribed to credit reports for a few months now and they seem to let me know about any changes. I've got recent letters from most dca to my current address so could argue against a potential default if one were to sneak in Onlyme
  4. My main concern is that I may not receive a claim filed at my old address And if I miss it I could end up playing catch up with a set aside
  5. My unenforceable journey is coming to the end! At last I have been to County Court to fight ccjs and high Court to fight HCE Bailiffs and only lost once on an un- regulated loan I have been checking through all of my creditors and dca accounts Most are now statute barred or coming up to being statute barred in the next couple of months Most of the dca do not know my current address. I am considering writing to each one in turn once I consider that it is SB notifying my current address so that they can't sneak in and get a ccj at my old address and informing them that the account is statute barred What does the team think about me doing this? Only me again
  6. Hi Andy Yes its a part 8 claim and I realise they have a claim on the property The ccj was against my ex not me Will their claim include my 50% of the equity? The charging order states 1/ the charge(interim) created by order made 21 July 2010 shall continue 2/The interest of the judgement debtor Mrs ex in the asset described below stand charged with payment of the sum £11700 etc etc The land registry title states the solicitor of ex has benefit of charging or on the beneficial interest of ex onlyme again
  7. Well the gloves are off I received a letter of claim asking for an order for sale from ex wifes solicitors on a property that we rent out and are joint tenants ccj and charging order on ex wifes interest in the property I intend to fight this but dont know the procedures involved Yet!! hearing date is 25 January The house has land 5 acre field which are on 2 separate title deeds I am in the process of applying for affordable housing on the field not a big gain but it will sort out the ancillary relief for ex wife The restriction is only on the deeds to the house not the land what do I have to do in terms of defending the claim and witness statements. The valuation that they have used is incorrect, they have valued the house and land but only have a restriction on the house. They havent mentioned a second restriction in favour of HMRC ccj gained on ex They havnt mentioned my beneficial claim on the property and I am listed as the defendant which I will of course defend They havent mentioned the tenants in situ including children They have no knowledge of any other parties They have not been able to gain details of the balance outstanding to the building society which without planning and the field is close to the value of the mortgage outstanding I think I can get it rejected and possibly costs from them(that would be fun) Can the court still order the sale for the other creditors at this hearing if this application fails on technicalities?? onlyme again
  8. Well I went to the hearing yesterday and left court fuming! BC informed by letter of their intention not to appear despite an order to do so I presented a note listing my request for true copies prior to going in to the judge and was greeted by the judge and he had arranged for BC to proceed via the telephone He had the usher call them and proceeded with the hearing I felt ambushed and told the judge so He went on to pretty well dismiss my defence and although I told him that I hadn't received a default notice or notice of assignment he went on to say it was just a technical defence and judgement could be passed but not enforced He clearly saw me as a dirty debtor(despite looking very smart like the smartest giant in town according to my 4 year old daughter) and dismissed everything I tried to say I doubt that I would have received a call from the court if I chose not to attend I want to complain about the judges actions but don't want to create an issue at the final hearing Hearing to be listed 56days both sides to have exchanged witness statement 14 days before Any thoughts on what to do about this? Would that same judge ask the usher to call me if I hadn't attended
  9. I agree with you gannymeade, and want to take advantage of them not being there I want an unless order if possible for default notice NOA and credit agreement as at inception To the judge "if it you can understand it sir this case has been hanging over me for several months and despite cpr requests and cca requests and orders to attend court they continue to proceed with a claim without the evidence to support it and are still 10 months later not providing the required information please can you issue an unless order to put this to bed. If I push hard enough I expect them to backout Onlyme
  10. It's an application form It states if approved Hearing is on 12th need to put forward some type of statement Along lines of Not happy with them not attending No default notice No NOA received Application not agreement Not dated I've never seen or signed the recon t&c before
  11. The application form is not dated Does section 61.1 make it unenforceable?
  12. I agree it is wasteful they didn't attend the set aside either. I will attend the order says must attend they haven't said anything about saving costs I will be requesting additional time to amend my defence can I ask for a strike on the grounds of faulty default notice or will this have to wait for the trial I will kick up a big fuss about time and not attending still not giving all documentation requested under cpr and cca request I will ask for a 7 day unless order for the assignment and default notice
  13. setaside judgment: 1Default judgment is setaside 2Defendant shall file and serve defence by ..... june 3 The clamant shall pay £400 by ...May General form of Judgment: 1 List for allocation and directions on 12th September 2 All parties or legal reps MUST ATTEND 3 Purpose of hearing is to establish dispute and determining likely length of trial Interestingly they are saying they will not be attending in their letter accompanying the witness statement to my original defence onlyme
  14. I am catching up with it a bit The hearing is an allocation and directions hearing. The purpose of which is to establish the issues and determination of likely issues and length of final trial The set aside hearing judgement set aside the default judgment and ordered a defence to be filed (duly done pretty well asking for documents) Their witness statement now provides the documents listed above Onlyme
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