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Everything posted by Elise08

  1. They cannot claim interest on a small claims case, the Particulars of Claim does not state which consumer act they are referring to i.e.1974,the date the agreement was set up has to be inserted in the Particulars of Claim but won't be because there is not an executed credit agreement, any assignment of the debt has to be served on you as a notice of assignnent with two signatures and I have never met a default notice yet that is effective, the above is just for starters, you owe the creditors nothing.
  2. According to the Manchester test case if an agreement has been unilaterally varied then they need to produce the original at a hearing, the trouble with mircofiche it can be doctored and then stored, with an original that is not possible so check if the interest rate has chaged since you took the agreement out, the APR or anything in the terms and conditions is different to what is in your statements.
  3. If the credit agreement is different to the terms and conditions does that mean that the agreement is unenforceable?
  4. So is it true to say that if the default notice has the wrong arrears on it and then the agreement is terminated it is not rescinding the contract?
  5. If a Default Notice has the wrong arrears on, i.e. my arrears are from the last but one statement, does that invalidate the default notice, an urgent reply would be appreciated as I am waiting to attend court, thanks.
  6. If a default notice has been issued five years ago and then a debt management plan as been agreed with the creditor, then I stop paying, do they have to issue a new default notice before they can take legal action or does the original default notice still stand, also, what part of the law can I refer to in this regard. Really need urgent advice. Thanks.
  7. So glad that everything has gone in your favour, good luck in all that you do.
  8. I am so glad if that is right, I don't really know a lot about charging orders but I know that the format for buying and selling changed a few years ago. I don't get your first bit of the post, I am a cager and I am genuine.
  9. Hi, I have been looking on the forums for quite a while and it has taken me some confidence to do a post, I really do care and I want this cager to have the best outcome for them, I am fighting a lot of debt myself as well as battling a life threatening illness. Please don't keep your thoughts to yourself, please share, I will post more when something concrete happens with my debts and I will offer as much help and advice as I can, I don't know if I am right, so many kind people on this site have helped me by me reading their threads and post, I am grateful to every single one of you.
  10. I have been following your thread, I really wish you luck with this, it is a case of what do you do? How friendly are you with the prospective buyers, do you trust them enough to be able to tell them and would they be willing to let HC know that they now own the house, the upshot of not saying anything is if you go ahead and sell your house and the new owners get a charging order they may look to sue you as things have changed in the forms that you sign at your solicitors with regards to what could affect the enjoyment of your property by the new owners. It must be terribly hard for you and I am rooting for you and thinking about you, I hope it all gets resolved in your favour, you have been through such a rough time, hope you can get impartial legal advice and I think that you are in a lot of people's thoughts.
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