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Everything posted by Cyberdad

  1. Thanks IGNM I will do that.... it did seem strange; I phoned the court just to check. The clerk said something along the lines of "if the Judge says it, it is so". I was sure he was wrong, but didn't want to rock the boat - I would far rather the claimant told the Judge he was wrong than me I assume it means I probably will get fast track rather than multi-track (if they don't strike out that is).
  2. OK, an update... I submitted the AQ with a draft directions for striking out on the basis of the defective DN. Although the claim was for in excess of £20K, I asked for allocation to the fast track. A few days after I received a copy of the AQ from the other side, requesting multi-track and estimating their costs at £7,000 (for a hearing they reckon will take a day). In my AQ I said I was willing to negotiate, and included an offer of £1 a month when I sent a copy of my AQ to the other side. I heard nothing until today..... This morning, I received a copy of an order made by the DJ under
  3. Hi guys, Sorry for the late hour, but I am in desperate need of some advice. Tonight I have been completing the AQ and putting together directions (with the invaluable advice of IGNM & 42man) and an amended defence to take to the court tomorrow or first thing on Friday. I have never received the DN, and when it eventually turned up (convieniently dated a month earlier than stated in the POC) it turns out to be defective. Perhaps I am a cynic, but I decided to check the termination notice (which I did receive) against the copy of the same sent eventually as part of my CPR request.
  4. Hi IGNM, I have just had a read of your defence (very comprehensive ). The only thing which struck me was the fact that you mention a statutory 7 days in respect of the default notice and not 14
  5. Hi IGNM - thanks for all your help. I have posted up all the documents earlier. In the AQ there is a section F headed "proposed directions". 42man has suggested a draft direction above, which appears to be a request to strike out based on the defective DN. Should I use this direction and submit an amended defence? In my holding defence, I did reserve the right to submit an amended defence, and was simply going to send a copy to the court and a copy to the claimant (and wait for them to tell me I had done it wrong )
  6. Hi IGNM, If you have something already in your arsenal then that would be great or alternatively I could put something together this evening and you could then tear it apart for me . I have put this evening aside to do the AQ as well, as they have to be in by the 5th...........I take it that the amended defence is in addition to the draft directions to strike out on the basis of the defective DN. Thanks
  7. Hi 42 man, The info is great, thanks . The default notice was never received, and in the POC, it was referred to as having been dated the 3rd February...I did receive a termination notice dated the 6th February. My original CCA request generated a copy of the agreement, some terms & conditions and a copy of the termination notice, but no default notice. My CPR request generated nothing initially, but following a reminder, the same documents including a default notice turned up one day before the deadline for my defence (I had already filed an embarrased defence, so now need to file an
  8. Thanks both Is the section in red applicable in this instance. From the statement, the only charge appears to be a £25 default charge which would appear to have been added before the account was in dispute? I have to say that I didn't ever receive the default notice. I received the termination notice shortly after it was dated, and in my ignorance assumed that was it. The POC refers to a default notice dated the 3rd February (which, I assume, would have created problems for a termination notice dated the 6th Feb), so am I being unnecesarily sceptical about the default notice (when i
  9. Hi IGNM and thanks for all your help. I have looked through the AQ, and the only areas I am not sure about are the reasons for selecting fast track, and what if anything I should do about section F, proposed directions.
  10. Thanks for all your help, it is very much appreciated
  11. Hi IGNM, Thanks for that...sorry to be dense, but have you any suggestions as to how to word the ammended defence, and what is an N244 (am am very new to all this and a bit daunted by it all)
  12. And the remaining attachments Statement Page 1.pdf Statement Page 2.pdf Termination Notice.pdf Terms & Conditions.pdf
  13. I will try again with attachments POC.pdf Agreement Page 1.pdf Agreement Page 2.pdf Default Page 1.pdf Default Page 2.pdf
  14. Hi all, I hope someone can give me some guidance as to what to do now. I sent a reminder to my CPR 31.14 request, to which there was no reply, so I filed a defence as above to make sure I didn't miss the date. I very quickly received a letter from the court saying the case had been transferred to my local court and enclosing forms N150 which have to be returned by the 5th June. Two days later I also received a letter from the claimants solicitors enclosing the documents asked for. I will try and attach all documents, and can only assume that they delayed sending them in the fir
  15. Thanks for that Sequenci. I am right at the start of the process at the moment. An income drop of 75% due to credit crunch means I am making token payments only to a number of creditors (mortgage & sec. loan up to date). Total unsecured is around £115K so bankruptcy has to be considered as an option, although the main drawback would be I can no continue in my occupation. Currently, I have RBS taking action (separate thread in legal issues) and we have reached the AQ stage. It would be my intention to try and defend any action as it would seem I have little to lose by doing so, an
  16. Thanks sequenci. Am I right in thinking that a charging order can't be obtained if the CCJ payments are maintained in line with the judgement. Thanks
  17. It is theoretical at the moment, just trying to explore possibilities which may be necessary in the future and trying to judge how hard to fight any attempts at charging orders that may arise. Would it make a difference if in negative equity apart from being able to buy the beneficial interest off the OR
  18. Hi, I was wondering if someone can answer a question for me; If a lender succeeds in getting a CCJ for an unsecured debts, and later succeeds in getting a charging order, what happens if the debtor declares bankruptcy? My understanding is that bankruptcy "settles" and CCJ's, and if this is the case, would the charging order then not apply, or is it a case that the charging order makes the debt secured, and therefore outside of the bankruptcy
  19. Hi kilkenny, The appointed representative will only be an appointed representative of the principle for business regulated by the FSA. Unfortunately, this does not include the vast majority of bridging loans, second charge loans or commercial loans including buy to let. The Appointed Representative may have agreed not to go outside of panel for unregulated business, or may have complete freedom to do so, depending on his agreement with his principle. Because the loans are not RMC's (Regulated Mortgage Contracts), you will not have been issued with a Key Facts Illustration; it is actu
  20. Hi, Does anyone have any thoughts on this as a defence; In the XXXXXXX County Court Claim number XXXXXX Between XXXXXXX - Claimant and XXXXXXXX - Defendant Defence 1. I XXXXXXXXX of XXXXXXXXX am the defendant in this action and make the following statement as my defence to the claim made by the claimant. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. On the xx April 2009 I ma
  21. Hi, I am sat here trying to put together a suitable defence along the lines of; 1. Action started whilst claimant in default of a section 77/78 request so illegal. 2. Embarrassed and claim not particularised, no default notice ever issued/supplied. 3. Claimant claims compliance with Sections III & IV of the PACPD - and I don't think they have. I can find lots of example defences to point 2, but I am struggling with points 1 & 3. I remember seeing at least one for point 1 but can't seem to locate it now and I am open to suggestions to point 3. Thanks
  22. There is no email address, but I could fax it. Is a fax receipt acceptable confirmation of receipt? Thanks
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