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eatcake

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About eatcake

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  1. Hi Everyone, I really hope someone can give me some advice on this situation; A year ago I received a claim form from Northampton,I defended it. I sent HC a CPR 31 letter and had no reply. I then filled in an AQ and the case was stayed,I spoke to the court a few times and they hadn't heard from HC.so didn't think it would go any further. Then in Oct I get a letter from HC with a copy of an application form for a Debenhams account signed by me in 1994, with a different account no, and also a few statements.Its only for a small amount of money,I didn't reply I didn't think they could
  2. I have spoken to the agent who tells me that as the contract was signed before the new legislation on the 1st October,that I dont need to have DPS,and that it is stated on my contract,it actually says under the title (no DPS) it is a Common Law agreement,as rent is over £25kpa.It say's in the contract that the agent will keep the deposit as stakeholder,but he paid it into my account,The agent said that at renewal I would have needed DPS, how can I find out if this information is correct,as tenant is asking me who the deposit is registered with,and don't want to say its not,until I know for sur
  3. we had a common law tenancy agreement and the new tenants would not have taken it without furniture, it may have taken longer to rent if these tenants hadn't taken it
  4. In May I rented my property for 36months with a break clause after 18 months,the property was furnished but these tenants had their own furniture and as it was for a long tenancy I agreed to unfurnish it,then after only 3 months they gave me 2 months notice and moved out after only 5 months in the property,the agent got a new tenant and their fee was paid by leaving tenant,there was a week between the new tenancy. To secure the new tenant I have had to replace all the furniture that I removed at the beginning of the tenancy cost me money for removal company I had to visit the proper
  5. Hello Andy & Robin think I need some help with this; Just as I thought this was finished with, got letter from Restons, stating that they can apply for an order for possession and sale of my property, even though at the hearing their solicitor stated that they wouldn't apply for an order of sale. The Judge refussed the redetermination and said that I could pay off what ever I was comfortable with,if and when, didn't make a payment order. So now they are giving me till end of May to make a full payment, to discharge this liabilty in order to avoid the enforced sale of my property, or
  6. Hello Stressed Kitty, Thank you for your kind words on my thread, thought I'd have a read through your thread to see if I could offer you any help, I know how stressful this can be,I have now been to court twice, I wasn't so stressed the first time as I thought I had a really good defence,how wrong was I What I didn't realise is that you have to practically spell everything out to the judge, whilst the other side oppose what your saying with points of law that you haven't heard of or researched enough.The run up to yesterday was worse,I was worried about it all weekend,o.k they got there
  7. Hello Everyone. Well today was court day,and I never want to see inside another court room again ever ,twice in the past 6 months has been enough for me,the judge today was extremely pleasant so maybe it is just the system that's wrong.After my last experience, If I'd liked to bet then I would have put money on that HFC would get what they wanted. but then I thought surely I had a chance, especially with my objections, but NO I didn't have any chance,everything was against me,Basically I owed a bank money,doesn't matter that they didn't have an enforceable contract,the judge that day said th
  8. Robin, thank you so much for that you have been such a great help to me all through this and I really appreciate your help. I have read though so many threads this past few weeks,this is all very confusing but even though my appeal was refused would I still be able to get the SJ set aside as the amount the judgment is for includes unlawful charges, if not would I be able to claim back from HFC the unlawful charges or is it all too late now. I think I can apply to HFC for the charges back, or have I misunderstood this. I think its too late for the set aside, is that right?
  9. Have heard back from Restons re my objections,they have stated the case of Banque Financiere de la Cite v Parc saying that having other unsecured creditors is not grounds to refuse a C.O. I have other objections but don't know what my reply to this one is. Thanks for any help:)
  10. Thank-you Andy, so much for getting back to me so quickly,
  11. Hello Andy, I hope u can help me on this,when I filled in N245 and submitted to court it was for a redeturmination of the forthwith judgement,then restons applied for interim co, do I state on my objection that they applied for co after I submitted the N245.or does it not make any difference. Thanks for any help
  12. Hello Robin, thanks again for your help, this is what I'm planning to put into court tomorrow regarding hearing next week.it's difficult know how to do this right.if your could give oppion I would be very grateful. Requesting that the court considers the following objections to the application for a charging order made on the xx xxxxxxxxxx 2009. 1. The property is in joint names and it would be unfair to the Co-owner. 2. It would give HFC an advantage against other creditors. 3. The debt was an unsecured debt for a credit card, the debtor has already benefited by havi
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