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eddie303

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About eddie303

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  1. Thanks Andy, that answers the main question I was wondering. I think I won't bother fighting this one in that case. There isn't anything else significant that I can use that I can see. Even if there was any question about dates of DN etc., I've had two cases already where the Claimant made big mistakes but the local Judge doesn't care about the law he said it doesn't work in practise.
  2. Hi Andy, All I got was a General Direction Order with copy app to stay attached, but on the order it said the Judge would deal with the app to stay without a hearing under cpr 23.8©, and that the app to lift stay is granted. It then went on to say I have permission to submit an amended defence by 13th Feb (which is what I asked for in the embarrassed defence). If I don't then its automatic judgement for claimant. Thanks.
  3. OK, lets say I do make the probably stupid decision to decide to fight this ... and in court I say that I have not received the DN, and I put the claimant to strict proof that they did send it. Is that likely to land me in any trouble? In the sense that it is seen as making some kind of wild accusation that the claimant is lying?
  4. Yeah I know about the requirements of a compliant DN, but if they have "case management notes" showing that it was supposedly sent, and I argue that they must prove they sent it to me, is the judge then likely to accept that they probably did send it, even though they don't have concrete proof? Obviously I won't know unless I try and defend it, but I'm just trying to weigh up if it is worth the hassle, as in my past attempts to defend other cases where the lender didn't do things correctly, my arguments have just fallen on deaf ears.
  5. Hello dear forum users, I sent a CPR 31.14 request to the latest company who has taken me to court for a 12K debt, bought from original lender, in order to get a Charging Order. I also filed an embarrassed defence. After many weeks they finally came back with a copy of the original agreement, but admitted they can't get the original Default Notice or Letter of Assignment from the original lender. They did send, however, a copy of the original lender case management system notes showing date the DN was sent, and a grainy screenshot of their Debt Recovery computer system, showing the Notic
  6. So what is someone in our situation supposed to do? Offer what we can't afford and then fail on the arrangement?
  7. i.e. so there is no instalment order in place, only the CO. I guess one option open to them would be to chase the 3rd defendant and see if they get anything off him. We'll see what happens.
  8. He said the £2/m was definitely not going to happen. I thought he would set an instalment, but he said looking at our I & E he can't do that either because obviously there is not enough available, so it will be up to the claimant now to make the next move depending on what they want to do, which remains to be seen.
  9. No, everything was very rushed and despite having written down in my notes to MAKE SURE to ask for conditions, I completely forgot. I don't suppose we can file anything post hearing to request conditions, can we?
  10. Well as expected the hearing today was a complete farce. We knew the outcome would be against us but it still it's bitterly disappointing anyway. It was the same DJ who has presided over the last 4 hearings I've attended with another different case with another bank. Coincidence? Today, as on all the other occasions, he has never agreed with not even a *single* point I've ever argued. Every time, without fail, even when very clear legislation is pointed out to support an argument that a creditor is doing something wrong, he just dismisses it and comes up with his own rationale as to why
  11. no worries, you've been more than helpful already. If anyone else knows of anything please do post it. Thanks.
  12. Thanks for all your input Mike. I'd still like to know about the case law Ganymede mentioned, about instalments needing to be enough to pay off in lifetime of debtor. Not necessarily for this hearing, I just want to see the evidence if this really is true, as I find it hard to believe.
  13. Ganymede, or anyone, can you point me in the direction of some of this case law you refer to? Thanks.
  14. Thanks again for your help at the weekend, Mike. I handed in the WS Monday morning and posted off identical pack to the other side. Nope, contact with the 3rd defendant is out of the question, it ain't gonna happen.
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