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Valdez is Coming

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Valdez is Coming last won the day on July 9 2006

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About Valdez is Coming

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  1. How about adding all those Halifax ads with the smug staff being all 'human' and very irritating...and Julie B****y Walters 'for the jooooourney' for Lloyds TSB.....why don't they just all get together and make an ad saying 'We will happily lend you an umbrella when the sun is shining, but as soon as it starts raining, we'll want it back' ...would love to script and direct that one!
  2. Sorry to poke my oar in....but should you ignore an SD? Surely a set-aside appeal should be entered, even if the SD is unfounded? Otherwise they may go for a bankruptcy order. Postggi....you are more experienced than me, but should this really be ignored? Shabz...if you do for set-aside, be sure to ask for costs....its the best way to stop these muppets using SDs 'like confetti' as someone posted recently.
  3. Has anyone noticed the latest puke-inducing Halifax ad? The theme music is 'Unlucky You' ! More banks should be so honest!
  4. Hi Toddle2u...pls keep us updated on yr appeal...very interested and may follow suit....thanks...Valdez
  5. Some years ago, before l had learnt what l know now with the incredible mine of information and help available on the CAG forums, l had a CCJ and charging order registered against me. My defence, at the time and with the benefit of hindsight, was very amateur and l didn't stand a chance of winning. However, in the light of recent actions, l have been reviewing the case and have discovered a defective and invalid default notice which, had l realised when l went to court, would have blown the creditor's case out of the water. My question is this - could l now take legal action in an attemp
  6. Can anyone advise what should be my next step when a DCA does not pay costs as ordered by court by the date stated? In a way, l hope they don't pay as l would like nothing more than to send in the baillifs! But what should my next step be?
  7. Hello Heidi....hope this will start the ball rolling in helpimg you...l'm sure some of the very knowledgeable people on this site will be along shortly to help you. I am responding as l had to deal with an SD recently (l got it set aside and won costs) and have personal knowledge of a similar situation. You must not ignore this. You have 18 days from THE DATE OF SERVICE in which to apply to the court to get it set aside. To do this, you need to download court forms 6.4 and 6.5, complete a witness statement and take these to yr local court that deals with insolvency (do not post them)
  8. Hi Ricardino.....pls do read my thread as suggested by the very helpfull Miss Muppet. In my case, the DJ let them get away with an application form (illegible) and some T&Cs (not originals) as an 'executed agreement'. He was clearly wrong but the barrister won that argument. They relied heavily on CAREY RULING, even though it was not really relevant.....my fault l guess as l hadn't learnt enough about the whole case. You must read up on CAREY from the many threads on here as they will surely try to use this again, even though it is not applicable. My 2p worth is - check the DN caref
  9. Subbing.....this is outrageous! As this clearly is an issue of great importance to many future court actions, l too would be happy to contribute towards getting this Go Debt account and having it in the templates library for all of us to discuss/disect. COME ON......any others willing to chip in? This is important for all of us!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
  10. Hi Vint......you are some kind of genius! That's exactly what l needed, thanks. Think l can prepare fully now for when they come back at me. Bit like 'who blinks first' l guess! Many thanks for all your help (and everyone else!) with this one I got my $100 dollars! (you'd have to see the film or read the book by Elmore Leonard)..................Valdez
  11. Still chewing this over in the light of DJ using Carey to agree application form (illegible) + unconnected T&Cs constituted an enforceable agreement. This is in anticipation of a CC claim for the arrears. Vint, you have provided lots of useful info, but could you expand on your comment in post #63 re my claim for unlawful recission:- Originally Posted by Valdez is Coming Hi everyone! Well went to court today - bit of an ordeal and very nervous to start with. But..........l won WITH COSTS AWARDED!!!!!!!!!!!!!! It was the invalid default notice which swung it and,
  12. Vint & everyone...hi. I have read & think l understand all you have posted above. In my case, the barrister insisted that CAREY went beyond s77/78. I can't remember where or what as l was hell bent on fighting my case. But barrister had a bundle of papers (all of Carey) which the DJ could not possibly digest on the day and he took barrister's word on this point. I had no argument as l only had what l thought were relevant points (my fault l know). I know he was wrong and l probably had my worst moments in the hearing on this point, but what arguments can we use here?
  13. Thank you all for yr congratulations...it's only a battle victory in a long war....but a great victory for me. Am drained now and going to bed....but will post more on CAREY later this week (I think this is going to be a big issue with hearings from now on) + plus some tips on dealing with a very stressful situation (court) which is alien to most of us. Should this no go in Legal Successes? Finally special thanks to Banker - your advice on costs and their format was spot on - the DJ gave me everything l asked for!!!
  14. Hi everyone! Well went to court today - bit of an ordeal and very nervous to start with. But..........l won WITH COSTS AWARDED!!!!!!!!!!!!!! It was the invalid default notice which swung it and, although the DCA can still pursue the arrears in County Court, these are mush mush less than the amount they were trying to make me bankrupt for. Interestingly, the DJ, who was mostly very fair and open minded and listened to both sides and discussed issues (and also seemd to have a decent CCA knowledge) let the Claimant's barrister get away with an illegible photocopy application form an
  15. Hi everyone....just reminding you l am in court tomorrow! Feel l have prepared thoroughly, but still a bit nervous. Have look at this thread tomorrow night, l will post outcome whether good or bad news. Sincere thanks to everyone who has helped me with this.......Valdez
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