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chez262

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About chez262

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  1. Thanks Gaston, I very much appreciate your information. The last thing I want is to go into this with any form of false hope and I certainly don't want to be blinded by an emotional view. Is there any form of alternative to 'unfair relationship' in hire agreements or do hire agreements leave the debtor with no protection at all? I guess this answers your final point above, had I of known I had no protection and was signing a 'financial' agreement where I owned nothing I most definately wouldn't of entered this agreement. I didn't need the goods for the business, it was more of a long term in
  2. Hi Gaston, Yes that is I unfortunately. I am starting to understand that the chances of a DJ recognising the contract as being regulated, or afforded the benefits of the act being slim to none and I appreciate what your saying about the fact that the guarantee can therefore not be regulated. However, the guarantee signed is presented as regulated therefore it must stand for something, even a claim of unfair relationship should it not? Is that then not like saying 'you shouldn't commit a crime, but if you do it doesn't matter there is no consequence'? Again, I totally understan
  3. What I'm trying to establish is whether I have a case based on anything other than just technicalities? By technicalities I mean no default notice, wrong default notice, wrong calculations etc. I know cagers are very dubious of these defences now and for good reason. By anything other I mean, the 'creditors' behaviour. Like for instance, telling me I would own the goods at the end of the agreement but they terminated so I own nothing! Granted I had a late payment (by 3 weeks) but does this justify demanding an extremely high sum of £12000 I quite clearly couldn't pay as a one off payment?
  4. Thanks Gaston, it was both the supplier and the finance provider who told me the goods would be mine. I was initially told by the supplier that I could pay for the goods via a financial agreement. Then I received the agreements to sign which said Hire Agreement, so I called the finance provider and spoke directly with the Manager because of my concern and he confirmed it by saying the goods would become mine at the end of the agreement. (They are still proceeding with this type of finance now). When I contacted my solicitor at the very beginning, he told me it was unregulated but that the
  5. Thanks Andy, I thought as much. I'm told by my solicitor that if I successfully defend the case then it will only be for technical reasons. He continues to state that "this is one of those actions where the court will be asked whether because of "technicalities" you have any (or some) liability. The action in fact relates to a hire agreement and not a credit agreement and there is a significant number of differences. Amongst other things, you would never acquire title in the equipment and, whilst you might have been told by the supplier that you would obtain title, the agreement clea
  6. Can someone please confirm whether cases are only looked at from a technical perspective? My understanding, based on the latest high court case which went in favour of the debtor on harrassment grounds, was one that other issues can be taken into consideration by the judge when at trial. Am I wrong? Thanks.
  7. Andy, My defence has been going on since 2009, firstly they went to court without me receiving a court date at which I was given a judgement. The creditor then ignored all communication from my solicitor in regards to applying to have it set aside so my solicitor held out. In which time they proceeded to sell the debt to another company whom is now the claimant. The now claimant agreed at the last minute to my set aside application. They now want me to settle on their terms at their proposed cost which is more that the orignal cost and I've already had to pay my solicitor £3000+ already
  8. Hi Andy, many thanks for your reply. Yes I am indeed the defendant. My solicitor has asked me for instructions on how to proceed with settlement in order for him to decide how to proceed with this matter. He is also asking for a lot of money on account, which quite frankly I can't afford as I've already given him over £3000. I am contemplating going this alone but I'm unsure of my required involvement in a CM Conference. One thing is for certain, I do not want to settle on the creditors terms leaving me in a worse off situation then before without challenging this as I feel ve
  9. Can anyone advise please? Anything would be most appreciated! Thanks.
  10. Hi, I have been informed I have a Case Management Conference coming up next month in regard to my case linked below, http://www.consumeractiongroup.co.uk/forum/showthread.php?302745-chez-s-HP-agreement-problems I don't know what this is or what I should prepare for this. Can anyone help please? Thanks.
  11. I just can't afford to pay them anymore... I'm starting to feel like they are robbing me as much as the claimants! They haven't got a clue and never give me a straight answer. They are more renowned for defending the claimants in these situations so in all honesty I don't think they really want to defend me but they were the only firm I knew who were actually willing to get involved with the CCA legislation. They charge 200 an hour for what you yourself claim to be 'wrong' information so far!! I'm not going through this to try and capture them out in the CCA loop hole mistakes sometimes
  12. Yes it is clause 10 which I was later shown by my solicitor. It is also he who informed me the guarantors had not signed any agreement with this clause in it therefore contract 2 is regulated? I'm totally bamboozled with all this.
  13. I have attached a clearer view of the terms and conditions. I'm not sure how it will affect my case if it does make comment to Unfair Terms and Contracts or SOGA, my apologies. Thanks. Admiral T&C.pdf
  14. Many thanks for your empathy Elsa, sometimes I feel like I'm going off my head! It was my landlord who ended up being a dodgy man and refused to go through the building insurance to repair the damaged property which left my business to deplete and eventually fail as without the repair I couldn't trade. This is just a rebound of that which I can deal with but it is the guarantors whom I am fighting for. I took the risk entering the business world whereas they just backed me up!
  15. Agreement 2 is the guarantee for agreement 1. Only one item was 'purchased'. We signed this agreement as consumers with the intent of using the equipment in a business! If they want the benefits of this being signed as a business then they should of made us equal and allowed us to sign as a business. We then wouldn't be in this mess by owing the money as consumers! This contract is a sham and I only hope I can show this to a court of law.
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