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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 Notice of Assignment was sent. However it doesn't say "Notice of Assignment", it just shows an internal letter code that they say is recognised as a NOA. Judge has now given them permission to lift the stay on the case, and I have the opportunity to submit an amended defence. I just wondered what people's opinion on here is of my chances of success trying to defend on the basis I never received DN or NOA? I suspect the judge is not going to be too sympathetic to that argument, but just wondered what you guys think before I decide against it. thanks in advance!
  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 he is right. As on previous occasions he's always seemed quite cosy with the other side's solicitor, never criticising anything they say. The other side was extremely patronising, inviting us to "take a seat" in his office (consulting room) before the hearing and proceed to dismiss points on our witness statement. I got up and told him we're not going to sit there while he can conduct his own pre-hearing. After the hearing, as my wife and I were leaving the chambers, the DJ said he and the other side were staying to do some work "together". One of the DJs comments as I raised legal points was along the lines of the law is fine in black and white, but it doesn't work "in practise". I have another creditor preparing to take us to court at the moment. No doubt he will assign the case to himself once it comes in. It's just shocking to see how completely and unashamedly biased the courts are towards creditors, and how they seem to ignore legislation. It's not like they try and even hide it, they just seem to go about things thinking there's not much the little fish can do about it, we can just do whatever we like. Rant over. Thanks everyone who's helped us on this thread. For anyone facing injustice, I'd say it's still worth fighting the system, even though it may be inherently biased against you and it seems pointless. Because if you don't the banks just literally get handed things on a plate without so much as a raised eyebrow. You have to go along and object so that there is at least one voice of opposition.
  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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