Jump to content

mr newbloke

Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


1 Neutral
  1. Judgement was for monthly amount I couldn't conceivably afford. Phoenix lodged with court letter to me where they made it quite clear if I wouldn't pay the instalments they wanted a forthwith to enable them to raise a co. It seems to be a sort of cosy club between the professional plaintiffs and th judges, who don't seem to see a problem with securing in the full amount an unsecured debt which has been purchased for pence in the pound. Judge was totally ignorant of the law as well as I now realise when he proclaimed ' they can now follow whatever course they choose including charging interest'. With tw*ts like that on the bench what hope is there?
  2. Hi CDS Photostat of the actual bearing absolutely no terms and conditions.
  3. Hi S Yes I meant sept 2008. Sorry, just a bit down but will bounce back. No scanner at present, must get one sorted. Re their form, they are asking for everything - employment, P60's, list of other creditors, with up to date statements etc., bank acccount details - everything but the kitchen sink. Am I bound to supply all this? I have drawn up my own financial statement and creditor list and propose to send it off with an inference that I know they have bought an unlawful agreement and am considering doing something about it.
  4. Spam You're tireless - saw your entries towards the end of the advised thread. Conclusion I am reaching is that too much time may have elapsed (judgement was sept 09) and unlike satterthwaite, I don't think there have been any strange goings on re assignment etc. Although oa was with HFC, they used Weightmans on this occasion and sold it on to Phoenix. No Marlins/Restons/Mortimers in sight. Will my requesting the SAR have the effect of prodding them into further action? They've just written to me demanding I complete their financial status form and increase my payments to them. Pursuing their rights under an agreement which has no terms and which they probably bought for £50! From what I'm reading in here, as far the private individual is concerned the court's motto is not so much caveat emptor as caveat sucker.
  5. Hi Faza Thanks for this. Am I understanding you correctly? Appealing a judgement is just a different methodology/process for getting a judgement set aside? If so, what is involved, is it expensive and would I need solicitors to act for me?
  6. Hi S Hope you're righter than r&b (no disrespect) on this one. Footnote to yesterday's exchanges - have looked out some paperwork, not found default etc yet BUT did receive a letter from sols Without Prejudice in Feb saying they were authorised subject to financial status to reduce the debt by 50% on behalf of CarVal. Where have you got to on the Phoenix/CarVal issue on your own case?
  7. Thanks again. I will have to look through my paperwork to see what I have kept re default notices, assignments etc. Afraid I got pretty low at one point with fighting everyone off and went through a period of just slinging things in the bin. Will let you know how I get on. Cheers and good luck with your endeavours - hope you get your 2 hearings separated.
  8. Thanks Spam They certainly lamped on some large amounts when they originally defaulted me, which they might have difficulty justifying given their are no prescribed terms with the agreement. By the way - what is a POC?
  9. Gotta be quick to keep up with this. Claimant - Phoenix/ Solicitors - Weightmans (who originally acted for HFC) So, ref your earlier post, you're saying ignorance may turn out to be bliss and that the SAR(s) may reveal add more ammunition to the basic unenforceability argument. Do you think the total lack of prescribed terms in the oa together with my lack of understanding of the process of questioning this might be sufficient of itself?
  10. Hi Spam I admitted, gave no defence. They were awarded 70 times more per month than I could obviously afford so I attended review hearing where judge gave them a forthwith, hence route to co.
  11. Hi Spam Read the thread - looks like you've made a good start towards a law degree! What I took from it was the sense that, in order to gain opportunity for set aside, I would need more than convincing proof that the ca was unlawful (in my case there appeared to be no prescribed terms at all) and thatI simply didn't have time to establish it as unlawful and further, did not understand the implications of allowing the judgement to pass and to fight it later when I was in a position to establish the degree of its unlawfulness. As I, therefore, did not enter a defence but rather admitted liability, I have the impression that as far as the court is concerned I only have myself to blame. Do you concur?
  12. Hi Faza County Court judgement as it was for £13k.
  13. Hi Trooper I have seen the SAR format on this site previously, but as I said to your colleague, I have already received what must be the most damaging information from them via a section 77/78. At that stage there was no ccj so they had to comply (although they took their time). At about that time they sold the debt to this rabid european mob who just charged straight in, got the ccj and then the co (using HFC's original solicitors). I should have reacted more quickly and got the analysis of the agreement done, but that's life. So, now I have evidence supplied by the original lender casting doubt on the legality of the agreement which the court has enforced on behalf of the subsequent assignee, is there an action I can bring to ask the court to void the debt as it would have done had it been aware of the facts in the first case?
  14. When you say an SAR will reveal what they have done wrong - don't we already know i.e. the copy of the original agreement they have supplied is clearly unenforceable under cca 1974. Is this not enough to get the ccj set aside?
  15. Hi Postggj Thanks for yur welcome. No, have given up on house. Now repossessed and on market at £235k less than last offer received, which stalled in chain. Out of interest, that's a drop of more than 35% overnight. I'm just interested in getting the unsecured (originally) HFC debt deemed unenforceable. In your post you say with a ccj it's no good going with cca. Is that the answer I am seeking? Are you saying that the debt cannot be judged unenforceable once a judgement has been enforced i.e. there is no right of appeal in the civil courts?
  • Create New...