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Valdez is Coming

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Everything posted by Valdez is Coming

  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 attempt to get the CCJ and charging order reversed? This relates to a case which is now over 3 years old - is it too late or might l still have a case? Any opinions very much appreciated...thanks
  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). You can find the forms thru a search on this forum or google 'court forms' If you have not had a reply to CCA request, no default notice and no notice of assignment, then you have an excellent chance of getting this set aside, but you will need to put in a lot of work. Don't rely on a reply to yr SAR request as they have 40 days to action this. Hope this helps for a start.....regards .......Valdez
  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 carefully. Is it in the prescribed format and more importantly did they give you enough time to rectify the breach? (ie 2 working days for service + 14 days). Look at a calendar for the year in question and check this. This could be enough to blow their case out of court if defective DN and may even give you grounds for a counter claim for damages. You will get great help here, so keep your chin up, put in the hours of research and you WILL beat these vultures. Regards..............Valdez
  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, although the DCA can still pursue the arrears in County Court ( less your claim for unlawful rescission. In Woodchester I beleive that was £1000 ), these are mush mush less than the amount they were trying to make me bankrupt for. WHAT DOES THIS MEAN PLS? Also the 'mush, mush' must have been down to the celebratory beers!
  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? Did HHJ Waksman not refer at all to section 61 & 127 CCA? If so where are these? I am going to print the full CAREY details over the weekend and try to understand it in full and will start a new thread on this soon. I am most of all concerned that others will be caught out by DJs not fully understanding the actual summary/rulings on Carey and will be defeated by wily barristers who bend the findings to suit their argument as with me. I was not totally prepared on this case and it hurts, cos l know the DJ was mislead and got it wrong. Discuss please!
  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 and some unconnected T&Cs, which were clearly not originals, as an executed agreement based on the CAREY RULING. I don't understand this bit and, as we are likely to come up against this more and more, feel we need to get more discussion going on this case. Anyway, enough of that for now. Thanks to all who helped me and a donation will be on its way when costs are paid. Wonder if l'll have to send in the bailiffs??? Finally, on this subject, do l have to write to the DCA re costs order or will the court do this? Off for a few well earned beers soon. Very draining emotionally, but very satisfying that with help from CAG l was able to argue my case successfully on the day! Cheers everyone!
  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
  16. Hi Docman and others...going to court tomorrow - hearing re application to set aside statutory demand. From letters received so far, have a feeling DCA will rely heavily on Carey v HSBC for their case. This will be interesting! Am nervous but also well prepared thanks to CAG members help. Will post furthertomorrow night - good or bad - on my thread 'No stat demand from MBNA then sold to DCA' All the best..............Valdez
  17. Many thanks Ford....l appreciate the support everyone has given...will let you know what happens, good or bad. Regards..................Valdez
  18. Wow Banker! That is some info. I was going to put in my costs as a single document, but will now revise this as you suggest. They have cost me a small fortune one way or another! Maybe they will pay me my $100!!!!! Wish l had a Henry rifle. Still v worried l will get an uncooperative DJ on the day though. Many thanks for this............Valdez
  19. Just an update....prepared Statement of New Facts and took it into court today. No problem, it will be added to my witness statement and there was no charge. They advised me l could do this at any stage prior to Thursday morning. Will be faxing a copy to DCA tonight to give them something to think about first thing tomorrow. I am certainly not going to blink first! Thanks, Miss Muppet, for your best wishes....l will post the result Thurs evening, good or bad. They really do not have a case based on the facts, but we have to take part in the DJ lottery l guess. Anyone know what l can do if he/she rejects set aside appeal? Regards to all and many thanks for your help.............Valdez
  20. Rufus...hi...l may be wrong, but once they have issued a default notice and the 'rectify date' has passed, they have terminated the agreement. Under CCA rules they can't issue another Default Notice as there is no agreement existing. Only exception is if you agree to reinstatement of agreement - which of course you are not going to do! Lots of stuff on here re invalid default notiices. Seek further help if they come back at you. Best of luck..................Valdez
  21. Banker....many thanks for yr detailed and positive responses.., you have cheered me up. I have sent a CPR request to DCA - but they have ignored it. Doubt l will get SAR before Wednesday so l can't rely on this. Have just finished my skeleton argument (8 pages) which relies on faulty DN and unenforceable agreement. Have also mentioned Notice of Assignment, as l never received one, and abuse of process. The DCA really has very little - the illegible copy of the application form they sent does not even show a compnay name at the top of it! l know l have a strong case, but l am worried about getting an unreasonable judge on the day who will not listen. If l am successful, l will surely ask for costs and may also take legal action against them for damages re the invalid DN. Any other advice very welcome....many thanks....also to Caro.......best wishes, Valdez
  22. Ok thanks Postggj and Caro...l will write a Statement of New Facts and take it to the court tomorrow. That way l can be sure they have it and it will, hopefully, be admissible. Working on skeleton argument as l type. Thanks for your help....l will continue posting....Court date is Thursday.
  23. Postggj......l have located a document which l could not find when l completed my set-aside affidavit. Don't want to say what it is, but it should blow the DCA's SD out of court. Clearly, in my affidavit l said l had not received this document (although it was referred to). When l looked through my paperwork it genuinely was not there (had been missfiled) and was only found this weekend when looking for something else. I don't want to sound like l'm being untruthful in court cos l haven't been. But l do need to be able to introduce this document. Do you know anything about how set aside appeals work? Should the judge allow me to present my case (skeleton argument will be presented) or must he/she make me stick to what's in my affidavit? Haven't been to one previously, so l don't know. Can anyone through some light on this. Thanks.
  24. Caro, thanks for yr post late last night. Have looked at those links and they are helpful My defence is almost complete - but l need to add some info that has only come into my hands in the last few days to my affidavit. Any advice pls on how l go about this? (see my other thread which l have bumped) Is it even permitted or am l stuck with what is already in the affidavit? This is really important as the info l now have should mean DCA cannot proceed. HELP PLS!
  25. Yes left message and yes asked for help. Have lots more info but don't want to reveal too much as 'they' may be watching. Have been at this all day - with brief break to watch Cup Final - and can't absorb anymore so am going to bed now and will resume tomorrow. Many thanks.
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