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faza

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Everything posted by faza

  1. from the way the finance companies behave it might be better dealing with the solicitors. an easy way to find out if the solicitor is messing you about is to phone RCI and offer them the payment, if they tell you the solicitors are now dealing with it, you know the solicitors have the authority to accept payment or not.
  2. hi you have many options at this stage as long as you identify each problem and deal with them in the right order you can start to sort everything out. firstly, by law you need to fill in that attachment of earnings form, you have to be truthful and dont worry when the court makes an order for payment, it will be reasonable if you do not fill it in you will have a visit from bailifs handing it you. secondly, you need to start the ball rolling finding out what the debt is about and go about getting the original judgement set aside. to get the original judgement set aside fill in form n244 stating your reasons and that you have a good chance of defending yourself. this link explains setting aside a bit further: http://www.justice.gov.uk/civil/proc...rts/part13.htm once the judgement has been set aside the claim will start again from the beginning. now what you need to do is get hold of the original consumer credit agreement and a breakdown of the claim amount and all of the charges they have added to make the full claim amount. if you can not get hold of all the details for the charges then you may consider this as your defence: http://www.consumeractiongroup.co.uk/forum/legal-issues/204093-template-needed-embarassed-defence.html but firstly you need to fill in that attachment of earnings order and get hold of a form n244 asap and ask for the judgement to be set aside, this is your first goal. I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  3. 1) do you have the paperwork which sets out the charges in full and itemised. 2) do you have a copy of the contract you signed up to. 3) have a look through the contract and charges and see if any are in contrivance to the OFT's guidance to unfair contracts and terms: http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf 4) if you dont have any of the relevant paper work regarding charges, contract etc you can follow the following link which will give you an idea of the defence to make: http://www.consumeractiongroup.co.uk/forum/legal-issues/204093-template-needed-embarassed-defence.html if you decide to use the template please edit it to fit your particular needs. regarding the payment plan of £50 per month, the problem is the finance companies will want to charge default charges and interest on the outstanding balance and if they get a judgement then on the judgement sum, so for example if you owe £5000 they will want to charge you contractual interest on this. if your interest is 10% then thats £500 a year plus any other charges they apply. so if you offer them £50 a month you are just covering interest and not paying off the principal in that respect it would take you along time to pay of the debt. what you might want to do is, get hold of the breakdown of what they are charging see if there are any charges that are unfair and what you can challenge. secondly if the claim goes to court make a reasonable monthly payment offer and ask the judge/court to stop the interest accruing on the balance and explain to the court/judge your circumstances so they can be understanding to your situation. you might also want to have a read of the following links: Hire purchase and debt : Directgov - Money, tax and benefits and also: http://www.oft.gov.uk/shared_oft/con...dit/oft809.pdf I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  4. 1) you will have to phone the court, give them your claim number and ask them if any restrictions have been put on your claim to make another order to set aside. a) if yes you will need to ask leave of the court to make another order to have the judgement set aside. b) if not you can go ahead and make another order to have the judgement set aside. as long as you give the court a valid reason to have the judgement set aside they will set it aside, the role of the court is to be fair and not to take sides. as long as you can get the court to set aside judgement then this will give you time to deal with the claim. I am not a legal expert Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  5. hi, the options you now have would probably be to. 1) Phone the court who made the county court judgement, give them the case number and ask them that you had an attempt to have the judgement set aside refused and is there any civil order on your claim which refuses you to make another attempt to have the judgement set aside. if there is not a civil restriction order then you can make another attempt to have the order set aside using form n244. if there is a restriction then what you need to do is, ask the judges/court managers leave(permission) to make another order to have the judgement set aside, you can do this on form n244, if you need to know how just ask. now the reasons you must give are ones which the court will accept as being fundamental for justice to be carried out. for example your ccj was entered in default this was because you never received the summons, original claim, POC, hence you have not been able to defend yourself in court and you believe you have a very good chance of defending part of claim if not all of the claim and it is in the interest of justice that you be allowed to defend yourself. this link explains setting aside: http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part13.htm hopefully once you have your judgement set aside, everything starts from the begining again and you can deal with things from afresh. the main thing you want to do now is get the judgement set aside. also if possible get hold of the original contract agreement and all the charges made by the company and see what charges are unfair, this will allow you to challenge the claim in your defence, once judgement has been set aside. I am not a legal expert Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  6. hi, from what you have said, you are in a very strong position as you have paid 2/3 off for the car. what you can do now is, phone the company who supplied the car tell them that you would like to come to an arrangement and pay what you can afford. if they do not agree to this then, ask them to send you a copy of the original agreement as well as for a breakdown for all the charges that makes your outstanding balance. have a look through the charges and make sure nothing is in contravention to the OFT's guidance on unfair contracts and terms: http://www.oft.gov.uk/shared_oft/rep...rms/oft311.pdf wait for their claim to arrive admit to the claim but tell the court that you have paid off 2/3's of the car and only have 1/3 left to pay off, but because of financial situations could they agree to you paying a more affordable amount. as long as your suggestions are reasonable i can not see the court ruling against you. for further details have a read through: Hire purchase and debt : Directgov - Money, tax and benefits and also: http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft809.pdf I am not a legal expert Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  7. hi car, your right, these big companies enjoy bullying people about. i mean for them £900 might not be alot but for us non mp's and non bankers, £900 takes alot of time and effort to save up. please accept my apologies, you made a good point i missed, by the op writing to dsg prior to the claim he followed all the required pd's set out by the cpr and to which dsg failed to reply. if i am not wrong the op could make this point to the court who should be able to penalise dsg for this. so you are absolutely right from their failure to follow pd's and reply prior to the claim being made it is a bit dodgy that they now want to try and come to a "settlement" with the op. thanks for the clarification
  8. hi car, unless i read wrong, i think that dsg have asked the court to give both parties time to try and reach a settlement. the point of dsg doing this, is not to misuse the courts process, they are being clever, what they are doing is trying to make strong a weak case by showing their "willingness" to co operate and try to make an agreement out of court with the claimant. which will be in their favour in case the claim does come before a judge. this is why i suggested the 14 days so the court and judge can see you are also being reasonable and would like to settle out of court. but i know where you are coming from, being too soft can give the wrong impression to dsg, but our aim should not be to think about dsg, instead we should be thinking how the court/judge will view our actions or letters in case the claim goes further. so if the court/judge can see we are the ones being fair and reasonable they will take favour on us, especially considering we are litigants in person, who can not afford to hire solicitors compared to a huge company with unlimited resources.
  9. hi car, i know what your saying, i dont think ive made myself clear. you see if you are alleging fraud, you have to prove the fraud. in proving its not your signature, i would get a few hand writing experts in as witnesses, also i would get all statements made to police and the crime reference numbers in regards to the alleged fraud. i mean from what sun has described this is a major injustice, being defrauded and then being in the position of loosing your home from that fraud. in such circumstances if you can get enough evidence that you have been defrauded, sue the company that defrauded you.
  10. hi car i agree with all of your points, i just think that when you are in the right and have the full weight of the law behind you that in such situations you can use time to your own benefit. so by showing the court you have given the defendant ample time, it can only be taken in your favour and not the defendants should the claim ever come before a judge.
  11. hi sun, i am not saying that you benefitted. my point is that the court has an over riding objective to be just and make sure justice is the outcome of any court hearing. now if you did not sign the documents and you did not benefit in any way i do not see how the claimant can pursue their claim. if you can prove this to the court i have no idea why the court should not throw out the claim. otherwise it is like a bank taking someone to court who had their cheque book and cheque guarantee card stolen and a third party made fraudulent signatures to obtain goods.
  12. hi racoon i suggest you have a read of this: A guide to Charging Orders & Orders for Sale and this: HFC/Restons/Charging Order - ***ORDER REMOVED***WON***
  13. maybe i am wrong but if you havnt signed the papers yourself then that should be an excellent defence in court, however it is a point which you will have to prove. if you can prove the signatures are not yours then what action can be taken against you? however if the other party can show that you have benefited financially from the fraudulent signatures then that leaves you in a funny predicament in front of a court and judge. because on the one hand you are saying the signatures are fraudulent and then on the other you have benefited financially from those same fraudulent signatures? I am not a legal expert Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  14. hi, it looks like dsg are just throwing a spanner in the works and that you have them on the back foot. i would do as car2403 has suggested and hopefully dsg should offer you an out of court settlement. i would personally think that 7 days is a bit too small a period for someone to reply, maybe 14 days being more reasonable? disclaimer: I am not a legal expert Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
  15. hi, firstly i suggest you read the following: a guide to charging orders http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html and this thread where a couple had their charging order removed: http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/139232-hfc-restons-charging-order.html im not an expert but from what you have written the following might help: write to anglian water asking them for a detailed break down of the charges they have applied to your account and also for a copy of the contract you signed when you signed up to them for their water services. secondly, for anglian water to have made a charging order, they firstly needed to get a county court judgement against you. it looks like as you had no idea of this, the judgement has been entered against you by default. you need to find out which court issued the county court judgement and fill in form n244 asking them to set aside the judgement because you have not been able to defend youself against the claim made by anglian water and also add that you have an excellent chance of defending yourself against the claim and disputing the amount of the claim and that it is in the interest of justice and fairness that you be able to defend and dispute the claim they have made against you. also if you did not receive the court summons or received it late, this would be a recognisable excuse and the court should set aside the judgement for the claim to be heard again. in the mean time have a look at all the charges made against you by anglian water, and go through: http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf by law anglian water can not charge you any unfair charges especially ones that are not in your contract terms and conditions and once you read the oft's guidance you will yourself realise which charges they have applied are unfair. hopefully once your county court judgement has been set aside, which i think if happens will mean your charging order will also be set aside anglian water will have to make another claim against you. at this claim what you need to do is totally disagree with the amount they are claiming against you stating the unfair terms guidance from the office of fair trading. hopefully if you can argue a good defence then the judge will take your side. hopefully this will reduce the money you have to give them, when you are replying to the claim make sure you will in form N9A. this tells the court your ability to pay, make it reasonable showing what you can afford to pay anglian water and the court should accept it. if the court accepts your payment proposals then just stick to the monthly payment and they will not be able to put a charging order against you. please note i am not a legal expert or sure as to the accuracy of my advice and hopefully if someone has more knowledge on anything i have said they can clarify it further or point out any mistakes i have made. I am not a legal expert Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.
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