Can someone please tell me what legal dictionary would be most used in a uk court to obtain a definition and where to view a copy of it online.

Many Thanks

Hi Folks,

 

I have found something maybe funy with the agreement i was sent and need your views please.

 

Two more pages attached, plus ones from earlier post.

 

I was sent agreement first page (IMG) marked 1 of 4, blank key info/sig page marked 2 of 4 (IMG 1),T & C page 3 of 4, (img 1 agn soz). ALL were full size A4 non faxed.

 

No page 4 of 4 at all

 

Then Key info/sig page signed and dated (1st post img) and dealer warranty sheet (this post img)

 

BOTH these although on A4 paper are small A3 size FAXES dated 1 & 2/8/06, agreement date.

 

Although the small signed page has same ref no top right, why are they not all same size, does it mean they dont have original signature page, or am i looking for something not there ?

 

 

 

[ATTACH]13747[/ATTACH]

 

[ATTACH]13748[/ATTACH]

Sorry to bother you folks but does anyone think i may be right about them not having agreement, is it worth pushing some more, or am i barking up wrong tree ?

Cheers

Can someone tell me what legal definition dictionary a judge or lawyer would use ?

I have looked up Joint and several, which i know is basically either or both or all parties are liable BUT it goes on to say "... only if their concurrent acts brought about the harm to the plaintiff." which i think may be important.

Thank You

Sorry for keep posting, just got my brain working.

The more i think about this the more i may be right.

They appointed a solicitor to handle this who first wrote in July and ever since i asked them for information despite doing a CCA and DPA request back in August and telling them hubby sold car, i have had nothing. I

have been a real pest calling 2-3 times per week when deadlines were up and have had nothing but excuses and we are waiting for information from solicitors, i even joked with them it should you be chasing not us, it was only when i told them i was going direct the paperwork came from finance company a little at a time and they said they had no record of a request, despite listing my DPA/CCA chq on statement from 1/09 they sent me.

Not sure if they are trying to recover car, chase hubby first for money and selling car or what.

Me Again, sorry.

Just looked at both sig pages, blank and signed one.

They both have same agrement number at base and ref number top right, so how can you have 2 signature pages for same agreement,these are 2 different pages from a document which should only have one ever.

i first thought they had included a blank file sig page because signed one was to small to read, but not so.

I think they may ONLY have a faxed signature and dealer warranty page on file, no original signed contract,and may have re done page 1 and 2 fresh for me.

If this is the case this is vital so your advice and help please.

Cheers

Hi Folks,

I have found something maybe funy with the agreement i was sent and need your views please.

Two more pages attached, plus ones from earlier post.

I was sent agreement first page (IMG) marked 1 of 4, blank key info/sig page marked 2 of 4 (IMG 1),T & C page 3 of 4, (img 1 agn soz). ALL were full size A4 non faxed.

No page 4 of 4 at all

Then Key info/sig page signed and dated (1st post img) and dealer warranty sheet (this post img)

BOTH these although on A4 paper are small A3 size FAXES dated 1 & 2/8/06, agreement date.

Although the small signed page has same ref no top right, why are they not all same size, does it mean they dont have original signature page, or am i looking for something not there ?

IMG.pdf

IMG_0001.pdf

Cheers Rob,

I found the dodgy DN one, but will take a look at other two.

That tale of yours and it's post made me tired and gave me a headache just reading let alone living it, good on you and hope it soon ends.

All the best and have a good weekend all

Hi All,

Just looked at another great post started by harry may, oct 08 and 42man's posts, they set the DN thing and not being able to re issue out clearly.

Re checked the dates on this one and either way still wrong.

Letter which came with DN, dated 2/11 says 14 days to clear arrears which would still be 20/11 after 2 days post, the day they terminated, so 13 days anyway.

BUT the actual DN states, before 16/11 which is only 10 days.

So wrong both ways, not forgetting wrong address as well.

Looking at the posts although the are countless success stories, the seems nothing in the law saying a new DN can not be reissued or the termination notice is still valid so nothing due other than arrears, seems more down to a happy or grumpy judge or other side backing down at 11th hour.

What would you say is the best ACTUAL court case to look at or quote which sets these facts out as simple as possible please ?

Cheers

Cheers Rob for your further posting.

Just looked at your post, JESUS !, did you and he put some effort and fight into it, Fair play and full credit.

This site and the people on it (and what a great bunch you are) seem to be telling me one thing which i am beginning to believe.

A lot of cases on here are pre CCJ granting, but DESPITE the CCJ has been granted in this one it can and should be set aside because the DN notice was sent to wrong address and not enough time given, even the insolvency service web site lists not receiving DN as a set aside reason.

BUT, the so called £150 p/hour people, who should (???) know what they are saying, say it does not matter because they allready have judgement and even if it was set aside the is nothing stopping a new DN,termination and CCJ being sort.Which other than using hubby took, used and sold car and she was made to sign by him under duress to sign as defence she signed so is liable.

I asked the solicitor, using bits from your site about a new DN etc, how can they issue new DN on agreement they terminated so doesnt exisit and got thats a point of law technicality but money still owed so they can have another go, which seemed crap to me, but first to admit i know very little.

I was hoping she would say yes, cast iron reason to have set aside and new DN or CCJ can not be granted due to termination, which still leaves them hubby to go after anyway.

Thanks again all

Cheers Rob,

I note 42man's post says calender rather than working days for DN 14 day limit. The postage says working but i could only find 14 days mentioned in act,so may need to check if still out of calender deadline.

Thanks

again

I am confused folks and need some more advice please.

Lady in question just had meet with proper (?) contract solicitor who said the no DN was only reason to request a hearing and prepare a case and a judge would not autumatically set aside because of it.

She also said even if set aside given the was nothing stopping them sending a new DN and termination notice and getting a new CCJ.

Is some all or none of this right please ?

Thanks for the link and explanation folks, it's set out as clear as day in that.

At the end of the day not only should they have served DN at agreement address where she was still living, because she had not contacted them to change it, the was not enough time given to respond anyway.

Not sure about interest and option fees mentioned above though being right or wrong.

Correct me if i am wrong but this is a clear reason to have CCJ set aside with little defence for them to offer ?

I think i may contact them say nothing about mistakes, find out if they intend to chase husband or her for debt because he had then sold car without consent (which they didn't know until i told them)and kept money which is an offence and nothing to do with her, she can not make police complaint about this as not registered keeper, so plod say.

If they agree to chase him maybe let it lie for a while, but if chase her then try to get it set aside.

Opinions as always most welcome.

IMG_0013.pdf

other DN page

Cheers

Thanks Rob for your input,

The claim form says DN served by 1st class post 2/11 and termination issued on 20/11.

Does that not mean IF posted on letter date, 2/11 add 2 full days post, so 14 days start on 5th and end on 18th, so 20th day serving is just in ?

Cheers

Very sorry Rob,

thats me not had enough space to load all papers

DN was 2 pages, it is dated 2/11, but first page does say 14 days to clear, so is that ok with termination dated 20/11 ?

Thank you for your reply.

Not questioning what you have said for a moment, because i dont know but the way the form is written, which doesn't make it right seems to say to do that, total credit charges box 8 = 5+6+7.just trying to find Reg 4 you mention,can give me a link please?

Also just looked at all key letters and dates

2/8/06 agreement date right address

26/8/07 payments stop they split he took car

28/9/07 payment start hubby must contact them, change her address ?

payments stop for a month or so

2/11/07 default notice wrong address to her only ?

16/11/07 payments start again by him

20/11/07 termination notice wrong addy to her while payments carried on until 3/08

can they issue termination notice while payments still being made, all be it by him ?

25/6/08 claim form right addy but never got it

28/7/08 ccj given due to no defence right addy but never had it

In between this and more to point he sold car without anyones consent in 10/08, still shown today with finance on it, which has to cancel the joint and several card anyway ?

Cheers

again.

A solicitor who was acting for them had a SAR months ago, got no reply so dealt direct, they now confirmed i have all letters on file, which aren't many.

Thanks

I have included main documents, but i do have others, your views are appreciated.

IMG_0015.pdf[/ATTACH][/ATTACH][/ATTACH][/ATTACH]

IMG.pdf

IMG_0001.pdf

IMG_0003.pdf

IMG_0014.pdf

Thanks for the reply.

I would have thought they are obliged to serve on agreement address unless informed it is wrong or someone requests it to be changed, which he may have done later for him after split, but why would her claim and judgment swop back and his then be in a completely different one again ?

Surely as she is not going to change the address they are both on voting register at and she still lives at to one she has no connection with, and if a violent ex does this how can she know or be held liable for that and not receiving the notices?

Can someone please tell me what i need to look for in agreement, notices etc to make sure they comply with the CCA please ?

Cheers

again

Hi,

I have posted before and had great help so am trying again with a new problem.

A friend has a joint finance agreement, but no paperwork so have requested under CCA and DPA, some has been provided.

The agreement is there, signed and looks ok with right address, BUT the default,termination notices and other letters are addressed somewhere she has never lived, the claim and judgment then jump back to correct agreement address.

This i think is due to when they split, husband took car, payments briefly stopped then he carried on paying for a few months.The address on her notices is a house he owns and rents out so could only of been given by him, although his judgement and claim are addressed to his fathers address which he has lived at and has access too.

Because these notices are wrongly addressed so not received is this reason to have the CCJ set aside even though right address appears later and what defence could be used to cancel this out ?

Thanks

Hi CitizenB,

Many thanks for all your and everyones else's help with this.

I do not doubt for a moment car2403 is correct in that comment, i have had past experience of asking legal people who should know things but actually dont.

My only fear was this warrant set aside which was going to be 2 months for a hearing is now 2 weeks,i am confident and think i am on 99% safe ground getting warrant kicked out (which i understand they can re issue if they send me the stuff) but i did not have enough knowledge,experience and things to quote to argue against an experienced lawyer if they send one in this area who could tie me in knots and get CCJ set aside request chucked out.

I still really need and ask for this sites help BUT one good thing i have found a so called consumer law and contract lawyer, although over 20 miles away, who will take this case on a legal aid basis, which she should qualify for, she can only see us thursday for advice, so it will still be me in court friday.

What i could really do with is reasons, law, precidents etc if there, that show why we can have CCJ set aside NOW without the paperwork that i can tell her.Just because a solicitor is hopfully on board i know they still need pushing in right diredtion.

Many thanks again all

RHOOD,

Cheers for reply and advice, i did pm you also. thanks

CitizenB,

Hi,

Someone on here did say that,and obviously that is the one that really needs setting aside, but had conflicting information from solicitor, told me rightly/wrongly that no comply with CCA request on own was NOT enough reason to have CCJ set aside, as this didn't make it wrongly issued so judge would 99% say no, seemed a bit of logic so played safe with a lessor request,what reasons do i have for setting CCJ aside?

Cheers

Any advice please, things to say, not say ?

all help welcome

cheers

Have called and sent email to link, but it does say non urgent postal rather than urgent face to face, but they can only say no.Trying community legal services for nearest legal aid solicitor as now been told total opposite to been told, CAB's now dont have or do solicitor meets anymore.

I have no choice but to go to hearing on friday, if i adjourn, i have to put another one straight in with new fee to keep bailiff away and still run risk of another quick date in a week or so.

Cheers for reply,

Next Friday 11/09, 10:am, asked for ajoinment on grounds told be 2 months, was told had duty to fill slots, either send letter to court saying that and have it taken into consideration or cancel, re apply pay another fee with no guarantee we would get another slot in a weeks time, so no choice have to go and do the deed.

I'll look at link in a bit, cheers