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About Fiscalawareness

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  1. the judge just agreed the adjurnment he knew what we were doing straight away....
  2. well that all worked out, i got there ealry and introduced myslef to the rep for howdens, we had a coffee and agreed a adjournment with the case being reset after 28 days, if i pay back the money before the set aside redate then they will sign a consent form and i will have my ccj lifted thanks for all your help i got exactly what i wanted, time to pay the debt and the ccj removed. now to work on my defualts
  3. thanks to everyone, i negotiated with the rep for howdens before the meeting the judge and have adjorned for the first date after 28 days giving me time to pay off the debt and allowing howdens to supply consent, this will remove the ccj from my file. thanks for everyones help esp blurred, def worth turning up and pushing it james
  4. another question if i had gone to court could i have argued against the 0.54% daily interest being put on the debt, as im in finiancial distress etc. have a cccs number and letter sent to banks to state in financial distress. i was also at the same time as the ccj fighting a repo and howdens would still not except a income exp and forced me to apy over 3 months. just some add ons in case i hit something worth mentioning to the judge
  5. will update u on wht happens, apart from a few more costs i dont have anything to lose really
  6. thanks for all your help. i know my chances are slim, a question ? if i fail in thr set aside is the ccj put back to the origanl date or does it start from wednesday also do i get another 28 days to pay or not
  7. The starting again of the case will allow me more time then 28 days, its over 2k, not something i have in my back pocket at the moment.
  8. to be honest i might be wrong with this but im going in to try and start the case again and allow me a defence. If i can do this then i have time to pay the debt and not get a ccj. Well the balls rolling, i always say lets lick it and see lol cheers for your support. James
  9. Thnaks for the info, i got the set aside becuase i told them the truth. I did not respond to the court case becuase i asked Howdens if the £666 payment would stop the court case and they siad it would. I told howdens that i could not afford to pay the £666 and that my income exp had been created and that it showed i could only afford £100 as i have other creditors. They stated it was not policy to accept anything over 4 months and i would have to go to court. I have proof that i have written to all my other debts with a income exp. Also becuase they never supplied me a court date or any further info including the new case details i could not go back and put in a defence. The CCJ shows my paid amount, do they not have to resubmit a new amount to the court and inform me that a date has been set. If they dont, surley the court needs to at least tell me the court date and that it is going ahead. They stated they did not want a income exp at that thbye would onlt execept and set payment. I missed my 4th payment and it went to court on the 27th. thats less then a month after my missed payment, Finally becuase they stated they case would not go ahead i did not apply for a payment plan thats fair and reasonable and ended up with a forthwith payment form the court. My arguments will be I was misled into not defending by comments made by howdens that the case would be dropped I never recieved a court date Howdens refused my set I/e that i sent every other debt Howdens did not consider fair and reasonable payments Howdens entered into a payment scheme that did mot support other debt payments and put my mortage at risk. I was unable to defend the amount stated and check for charges and interest calculations I was unable to set up a fair and reasonable payment scheme with the court The set aside is for wednesday this week, the way i look at it, if i lose i end up with some costs and a learning curve. If i win i end up with some time to pay iff the debt before a new CCJ case is set and then 28 days to find the remaining amount. I think ive got a 20/80 chance so wish me luck lol any thoughts James Unfortunatly i did not write to them like i did everyone else, odd isnt it the only one i dont follow my set guidlines to takes me to court lol
  10. hi everyone This is a follow on from a old trade account with howdens that is have i owed £2600 pounds and was sent court paperwork to complete becuase howdens were going for a ccj. I did not do my normal process ( im a fool ) and rang howdens and offered them a payment of £100 a month to pay off the amount. I thought they would be the same as the other debts i had. they siad they will only except payments of £666 a month or they would see me in court. I had no choice so made the payment of the first £666. in July I did not return the court paperwork thinking that the court case was ended. I could not pay the following month August and recived a letter asking for payment, i waited until the end of the month to get more rent in but recieved a letter from the court saying i had been supplied a CCJ. My question is, can someone take a payment and then turn up in court amd change all the details on the claim ie the amount owed. without anyone contacting me and saying the case date and time and allowing me to put in a defence. When i paid £666. does this not mean another court date would need to be set with the new amount.Or at least new details on whats owed sent to me. I have a set aside for this week , not sure if its worth continueing with it. cheers for your advice James
  11. Hi all is a commercial mortage given the same rights as a residentail ! i have had a repo notice on a commercail mortage when i was out of the country, sent to a wrong address. They say they did not recieve my address update ! but i cant prove i sent it. My mortgage was £501 and the outstanding was £1506, however this includes a £100 charge. Because they started action on £1506 does this not mean the amount was incorrect as they cant include charges and therefore should have waited until the amount went over three months with no charges. They contacted the tenant and frightened them by letter so they gave notice, id like to see if i can claim back lost rent.Plus get the £600 legal costs wiped. to me this depends if commercial is the same as residential and has a three months limit and charges not allowed in the claim amount. I have written asking for copies of the repo paperwork to see if the amount put to court is £1506. If it is do i have a case ? oh i rang them from spain when the tenant contacted me and paid £1000 to stop the repo but the damage had already been done, i had lost the tenant and had the £600 fees. Any thoughts thanks for your support James
  12. one way is to manage the payments yourself, you dont need to use a debt management compnayfor all of your creditors or any of them agree the amount to be paid to momument and the date and interest frozen then pay them seperatly and take them out of the plan. or if there are only a few creditors come out of the plan and save the 17.5% by paying them yourself. if your paying over £250 a month and have over £15k and more than three creditors look at a IVA cheers James
  13. sorry for not getting back to everyone, thanks for the advice will contact them and ask, its not due till 4th Jan odd thing howdens legal keep calling to confirm my address over the phone i have not spoke to them cheers James
  14. lol thanks well i am paying on interest free a reduced amount now I suppose becuase i have been defualted and i am now on Income / exp scheme i havent got anything to lose i will put it into court rather then spend ages argueing so any support on the case will be good cheers
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