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Everything posted by johno23

  1. Really sorry but it got paid today £13k by my dad, I thank you all for supporting me and still offering me advice now. Like I said previously this court case has taken a lot out of me and I really need to concentrate on work and my family as these get effected by the constant stress this has had. Many thanks again, but need to sleep again instead of sleepless nights, lucky enough I have a payment plan with my dad which I can afford and no CCJ Kind regards Johno Just out of interest can you appeal if you have paid judgement.
  2. Thanks for all your help, I am going to settle the payment in two weeks as I have the means to do it. The default drops off my credit file and I do not want damage to my credit report as the default drops off in September. This process has taken a lot out of me and need to move on with my life.
  3. Appeal? Not sure it will get me anywhere unless I could include other stuff, like credit agreement unreadable, two default notices different wording same date! Would probably need some hel in court as feel deflated with the system at the moment
  4. Yes seems to be Ford, make no sense but the judge would not budge. The default notice was the cause of action. Look I am gutted but sometimes that's what life throws at you!
  5. I know hard to take, I had no chance of winning today, the only saving grace is my dad wanted to come and he is paying the 13k in 14 days so I do not get a CCJ. thank you to everyone that has helped me, I feel exhausted from reg whole experience, they were going for 18.5k with costs and interest so it is the best it can get for me in this situation. Kind regards Johno
  6. Yes I tried everything, but he kept saying the cause of action is the default, but took in to account what I said. He did refuse them all the interest and costs as he said it is there fault for taking too long to issue proceedings. Johno
  7. The Judge went with the cause of action as the default notice. Would not move on the fact that a creditor can dictate the limitation act by waiting 8 months to issue a default notice. Gutted
  8. Lost in Court SJ given, will provide details later
  9. Thanks Andy for all your help, feel a lot better and more confident, keep it small and sweet. Am I going for a full hearing or for it to be thrown out?
  10. Do I hand this out as soon as I enter the court room or before
  11. Thanks can a just read the two statements out on Without prejudice and statute barred or even print them and hand them out!
  12. Yes I am going to spend the morning reading through and writing some notes. There only two arguments are the email, but I will inform that this was a without prejudice forum and should not be brought in to court, I will print off the emails before and after showing without prejudice. Also the dispute I have a letter from them dated March 2009 that states the account is not in dispute. Finally I will read the statements that Andy provided on SB. The credit agreement is unreadable and you are not able to process the contents and I have two default notices dated 9th October 2009 one wanted the arrears the other demanding the full balance! So they are making documents up as they go along. Fingers crossed
  13. Thanks Post 52 No 4,5,6 of witness statement. This was included in the bank statements
  14. There response to my email and my next email reply to this has without prejudice on without prejudice Thank you for your email, and firstly I apologise for the delay in coming back to you. Before I refer to the question of settlement figures, there is one point that should be addressed first namely the question of the default entry. As much as agreeing to the removal of that entry in all probability would smooth the way to a negotiated settlement I regret I cannot agree to this. The issues you have previously raised regarding this subject do not negate the fact that a notice was served, and in consequence we are under an obligation to report the status of this account truthfully to the credit reference agencies. To provide them with inaccurate information, or to remove that entry without proper justification, would place us in breach of our reporting obligations and could render us liable to any organisation that relied on the information we provide, or that the entry was removed, could result in proceedings being brought against us for damages. Therefore at best if the sum outstanding were paid in full the entry would be marked as “satisfied”, or alternatively if a reduced sum were accepted in settlement it would be marked as “partially satisfied”. In fairness to you I felt it important to provide this information early on in this round of discussions. I completely echo your view that an agreed settlement is far more desirable than going down the litigation route from both our points of view. As I have mentioned in earlier correspondence, particularly in our exchange of emails on the 13th March 2014, I have based any discount offered on the principle balance on what I perceive to be our litigation risk, that is to say our risk of losing any claim and what I consider to be the element of our costs that is invariably declared irrecoverable by the Court. These irrecoverable costs are not an exception in legal proceedings, but it is generally accepted that a successful litigant will not recover all their costs unless the Court decides this should be the case based on the behaviour of their opponent. Therefore I have to say that the discounted sum I previously offered for a single payment settlement of £8,252.84 remains a reasonable. From your latest email it seems that this will be unachievable from your point of view, and it would seem more logical to approach the discharge of the sums due on a monthly payment basis. In an effort to bring this matter to a close I am prepared to offer a discounted sum to be paid by mutually agreed instalments, but I am sure you will appreciate that any discount offered will not be as substantial as the discount offered for a single payment. In consideration of an agreement to discharge the balance outstanding by instalments I am prepared to discount this sum to £9,903.40. Any discussions on instalment levels would have to be subject to your completing an income and expenditure questionnaire, and any information provided as a result of any reasonable requests for additional information we may make. I look forward to receiving your views on my comments in due course.
  15. Witness statement written by Stephen Glasborrow
  16. Yes they have provided just one email as stated in the post earlier. They have not included the offer which stated Without prejudice Thanks
  17. Thanks for this the offer was made without prejudice and the email was referring to the offer made
  18. Just the statements that I received which are included in my witness statement in an earlier post
  19. I just have two statements Feb & March that says defaulted, I have included it in my witness statement
  20. No demand for arrears in default notice, NOD was 9th October pay arrears by 26th October
  21. Attendance on client £270 Attendance on opponents £216 Attendance on others £90 Solicitors costs £275.50 Other expenses £25.00 Is this what you mean
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