ZENTRIX9
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Everything posted by ZENTRIX9
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Ok Debbie, thanks. I will do that in the morning. How do I negotiate "with provisions" with the judge? just ask?
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Hi Debbie, the problem is that my wife cannot bend her knee, it has to be kept straight or the skin could split (its that swollen) and if I need a doctors letter I wont get one for tomorrow. If the court can provide a wheelchair that will keep her leg extended we may be able to get there but I very much doubt it.
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Hi Debbie, the only way I had a chance of proving that she didnt owe the money was to go to court and they stopped us doing that. I would have at least like d the chance, the judge wouldnt even let us appeal!
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Yes B, we have claimed the PPI back twice, they ripped us off the first time we claimed! So we claimed again! and they paid it us.
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Thanks Debbie, my wife wont be able to attend as she has an ongoing problem with her knee at the moment, it is swollen like a football and she is unable to walk at the moment. She has arthritis in 1 joint and it flares up every so often, just my luck for it to happen now! If she admitted liability and agreed to the CCJ and failed to comply with the judgment order, than the Charging order will be automatically granted - We didnt admit liability she was given judgment over the phone (conference call) the so called credit card agreement was an application form and she was also missold PPI, she wasnt given a chance to go to course to defend her case at all. Stitched up I think. She sent an offer of payment as she couldnt pay the judgment in full and they never got it so they applied for an interim charging order and thats where we are at the moment. She has no other debts and I am named on the deeds of the house also, we have 3 children still at school. 1 and 2, I will voice my opinion, 3 there is approx 80k equity in the house.
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Thanks B, Yes I have one at work ready to take with me tomorrow. Do I need to take all the paperwork relating to the case? My wife and myself have had a rough time over the last 5 years, lost my dad to cancer, lost the family business (trading 29 years), reduced our mortgage to interest only, managed to pay all our bills except the credit cards. I have started a new business and ploughed every penny I have into it and now finally its coming good, its a niche market and I am very well known. I also have had 2 people approach me and want to invest in my business as sleeping partners and want no say in how its run. If this charging order goes ahead I am afraid that all the hard work I have put in will have been for nothing. I am just about to seal a deal with a German company which will give me at least £25k - £100k per year nett profit (all monies paid upfront with order!) Its taken 3 years to build this business up to a point where I will be able to draw a wage at the begining of the next tax year. I would then be in a position to offer a full and final settlement. Any advice after reading the above?
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I have to go to court tomorrow to represent my wife for a final charging order, can someone have a look? any advice would be welcomed. http://www.consumeractiongroup.co.uk/forum/showthread.php?376841-Interim-Charging-order-help-needed&p=4090144#post4090144
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Ok I am at court tomorrow representing my wife for the final charging order. Can anyone suggest what to do?
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Thanks B, it should have been last week that the letter should have been there but they have given me till Monday 4pm so I will email them a copy of my prescription, that should be proof, then forward the letter from the Doctor as soon as I get it on Tuesday.
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Been to see the doctor tonight, I should be able to collect a letter from the doctor on Tuesday, also told him everything thats going on and how I feel etc and he has prescribed me a course of anti depresents. He agrees that I am suffering from stress.
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Andy, just looking at the court papers sent to me and it says IT IS ORDERED THAT (at the top) The defendant shall provide medical evidence relating to his allegations of stress contained within his counterclaim. Do I need to get a letter from the doctor? I am proper stressed at the moment, not sleeping, my lips are numb and tingly and my left arm throbbing a bit.
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Its a shame to lose someone so knowledgable, you will be missed by many. My thoughts are with your family.
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Ok all done, if I want to inspect or get copies of any paperwork they hold I have to ask them by 4pm on the 15th Feb. Is it best for me to ask for copies of all their documents just to make sure? and do I have to use a specific form to do so?
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Ok, Andy, is it worth me sending them something rather than ignoring as I think they may try an "unless order" and then go for strike out if I send them nothing?
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Hi Andy, there was a case conference where the judge went through the proposed directions from the claimant and threw some things out and amended others, this is one of the things that was left. So as I see it, it wasnt ordered by the judge but he okayed it?
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Ok, just emailed Optima my N265. I have 1 other thing to do:- I have to provide medical evidence relating to my allegations of stress contained within my counterclaim. What should I do, I have been having a lot of trouble sleeping but not been to the doctors to say that it was specifically caused by this case or ask for medication/help. I have just carried on regardless. Anyone have a suggestion?
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I have to give standard disclosure by list - does that mean I have to send them a list of documents that I have?
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I have had a confirmation letter from the liquidators saying that they have destroyed all the paperwork so they dont have any accounts. They also said Optima contacted them for copies of the accounts and were told the same. Why have they asked me to do the same when they already know they dont have them? are they hoping I would produce them and give them proof I am fibbing? I dont have copies anyway, they were in the factory when the liquidators took charge.
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I have worked it all out now and from the time we opened the account we have been charged £1885.66, the account overdraft is £2092.06 and has been this balance within a few quid for the last 2 years. Can I ask them to deduct this amount off my overdraft, add the £500 from my credit card, stop charging me for the account and let me pay a fixed amount per month to pay it off quickly. Do you think that Lloyds will go for that?
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Can I claim the account charge from the day I opened the account?
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Ok, got a letter from the court at Kings Lynn, the case has been transfered to my local court. I will now wait for a date. The letter states :- 1. This case be transfered to the defendants home court 2. The hearing at the bulk Charging Order Unit based at the Kings Lynn County Court is hearby vacated; to be re-listed upon receipt by the court of transfer for consideration as to wether the interim charging order shall continue together with any representations the defendant may wish to make. 3. The interim charging order do continue in the meantime. Anyone have any suggestions on what to do or prepare in the meantime.
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Yes I think I was told that too.
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Mmmm, very interesting, when I took out the account I had the equivalent extras with HSBC!! and I told them this. I was advised that this was the best account for me. I think I was definately mis-sold this account.
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I dont use this account but if I send them the letter and they dont play ball can they close it and demand full payment or similar? What can I expect?
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Thanks Conniff, can I just clarify that? Bank account Starting from when? when I opened the account? So does that include the charge for using the account? the charge for using the overdraft (even though its authorised)? and the interest on the account? Credit card Anything to claim back on this?
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