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r&b last won the day on September 20 2009

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  1. Hi, long time since I have been on so hope I have put this in the correct place. I am taking two large loans from a friend and family, to clear some business issues, both of which need to be secured on my property. Lawyers are asking ridiculous sums for agreements and posting the charges. A full legal charge appears to be too complicated and time consuming for my needs so I am proposing equitable charges which should suffice. My question is, what forms do I need to submit to the land registry and can this be backed by a simple loan agreement between lender and borrower? Would there be templates on the site for loan agreement and charge as I cannot seem to find them myself? The loan agreement I can find online if necessary, it is the charge details that I do not have. Many thanks for any input. r
  2. Nicklea, are we still talking the same as 2 years ago, Credit Agreement (valid) - I have one unreadable from Goldfish and I think there were fundamental problems with the Egg one regarding Credit Limits, both posted above, valid DN, valid Assignment, LBA, etc, etc? I am very rusty, not that I was any expert to start with.... Would different terms within the 2 debts allow me to make any case against them being put into the same judgment or is it simply black and white, they own them both, they are both in my name, therefore they can put them under the same claim? Thanks
  3. Been a long time but has come back to bite.. clubbed together with another debt so updated on new thread here if anyone interested: http://www.consumeractiongroup.co.uk/forum/showthread.php?302107-CABOT-EGG-GOLDFISH-COURT-ORDER-clubbed-together
  4. Been a long time but this has come back to bite... its been clubbed together with another debt so updated together on new thread here if anyone interested: http://www.consumeractiongroup.co.uk/forum/showthread.php?302107-CABOT-EGG-GOLDFISH-COURT-ORDER-clubbed-together
  5. Thank you Fred, nicklea and izzitme for the input. The 'Agreements' are posted in the threads linked in post #1 but I've copied them below again: Egg: http://i615.photobucket.com/albums/tt231/robntanya/EGGARCpropersarreply2.jpg http://i615.photobucket.com/albums/tt231/robntanya/EGGARCpropersarreply3.jpg Goldfish: http://i615.photobucket.com/albums/tt231/robntanya/CABOTGOLDFISHCCA.jpg I think, unless anyone has any better ideas, that I had best put in an N244 for set aside based on the fact that the Credit Agreements are unenforceable, together with a letter asking for an adjournment of the final charging order hearing until the set aside has been heard. These are the links to the original threads: Egg: http://www.consumeractiongroup.co.uk/forum/showthread.php?182429-EGG-ARC-no-cca-now-solicitor-threats Goldfish: http://www.consumeractiongroup.co.uk/forum/showthread.php?182105-unreadable-cca-from-goldfish-cabot If anyone has any further ideas I would be grateful.
  6. Hi Cymruambyth, Thanks for the sentiment and info.
  7. Hi, not been here for a while and would like to check a few things. Firstly if this is in the right place -I can barely find my way around- if not please move it. Cut a long story short it appears Cabot have attained a judgment against me without my knowledge (NCCBC) and clubbed together an Egg and a Goldfish debt into the bargain. I only found out when they phoned me about a final charging order hearing. I managed to defer that but it appears that the new hearing is for the first week in May at my local court. I have had no notification from the courts about this either! My queries relate to the fact that: 1. they have clubbed them together in one package as a single judgment (£10k ish and £5kish), is this correct? 2. do the same rules apply to Credit Agreements etc as they were 2 years ago or has anth changed? 3. from memory I have to post some form of defence before the hearing. I'll look back through my old stuff but if anyone has any clues it would speed things up for me. The previous threads are below: EGG: http://www.consumeractiongroup.co.uk/forum/showthread.php?182429-EGG-ARC-no-cca-now-solicitor-threats GOLDFISH: http://www.consumeractiongroup.co.uk/forum/showthread.php?182105-unreadable-cca-from-goldfish-cabot many thanks for any help.
  8. RM, my opinion for what its worth would be that should you lose, you are no worse off, save for a few costs that will be added to the judgment and a few late nights genning up. thats ur risk. you will only be asked to pay what u can reasonably afford, judged from your inc/exp sheet. should a DJ see that even with an enforceable agreement the DN is faulty, you will have to pay the arrears only. that is without casting further doubt with regard to the NoA or any other issues. the defence route will cause aggravation and anguish as going into a hearing is generally never a pleasant experience for a LIP but should they see the error of their ways, u may find it never gets that far (typically right up to it tho ) but u have to be prepared for that eventuality. u have to weigh the benefits from the detractions and see what's rite for you, the help needed is available. best of luck with whatever u decide.
  9. hi rob, in all honesty id posted that just after my hearing (mistake) before id had chance to look into properly so apologies for that error of judgement. it appears from what i can find out (and shall be using in my own case) that the CPR can be shown to relate to Court documentation only and have no bearing on documents under Statute, where the Interpretation Act 1978 clearly states that it does.
  10. u will need a transcript of the judgment to accompany the N161 for an appeal as we remarked earlier.....hows that work then?
  11. thanks to your help with the appeal process, im onto the Skelly robin...thats the easy bit ...gettin all the docs in the correct format, as u know, is the diff bit of all this appeal rubbish....unless of course the bloody court office are as evasive as the opposition lawyers!!!! the more you get to know the workings of this stuff...the more you realise just what a lottery it all is...fine if you re being paid by the hour...not so good if its for yourself. been a real eye opener to someone like myself who had the establishment is always right drummed into them....now its been summarily drummed out im afraid:rolleyes:
  12. hi robin, can the court office not help with this? it is after all procedure and not legal advice. i dont see why u should have to pay a further fee (N244) myself but have to check i suppose.
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