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Number6

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Number6 last won the day on October 28 2006

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  1. Additionally I would have thought that if I had breached the order I would be receiving repossession proceedings, not an invitation to call them. And if I'm meeting the terms of the order then surely they do not have grounds to ask me for more money against the threat of further litigation?
  2. 12 months ago a suspended repossession order was agreed on my mortgage + arrears. Since then every condition has been met by me and every payment met well in time for at least the agreed sum, sometimes more. Today I received a letter which states: "As your full contractual payment is not being met each calendar month, I would ask that you contact this office within the next seven days to discuss other options that may be available to you. Failure to contact us may result in further litigation action being taken." Can anyone tell me what they are trying to do? I was under the impression that so long as I met the conditions of the SPO that was that. Advice please anyone?
  3. Hi dx It has been a while, I had lots of personal issues to deal with, new job, new divorce, new wife, etc, etc... Things are back to what counts for normality in my life... I actually have no idea about the card account, it's not one I recall but then there have been so many... ;-) Thanks for moving the thread.
  4. Hello all. It's been a while but I'm back again needing advice. Last week I received a CCBC claim form issued by Arrow Global Guernsey relating to an alleged Capital One debt of £562.59. In the PoC it states that the debt was assigned to the claimant on 25/02/11. I have sent the acknowledgement of service via money claim online and presumably have until 21st December to submit my defence. It's been a long time since I've had to defend one of these claims and I've forgotten the procedure. Could someone please point me to a link explaining what I should now do? Or give me a brief rundown on here? Many thanks.
  5. Sorry for the delay, I've been unwell. The problem has gone away; following my challenge to the association I received this email: Thanks.
  6. Hello, I think this is the right place for this slightly oddball problem. I am a member of a trade association, a local association but with broader implications. I'm a member primarily because being so is more or less the only way to be allocated work in my chosen part-time field. The association acts like a clearing house where organisations that require the services of people such as me give the vacancies to the association. It then "allocates" jobs to it's members in a manner decided by "the committee". The association, in my opinion, is a monopsony, belonging to it is the only way of getting work. It's also very cliquey - if your face fits you get the better appointments; annoy the "committee" and you may as well be dead. That's the preamble, now my problem: Over recent years I've had a few spats with them where I've berated them for poor organisation, unfair work allocation, etc. There has also been the odd occasion where I've confidentially informed the association of problems with a client employer and they've breached confidence by putting my concerns to the employer as though it was a complaint by me, which it wasn't. I've then been unfairly blamed for fallout between the association and the employer. In January they emailed me stating that due to my "attitude" I would not be given any more jobs. I emailed the chairman querying this decision and asking for reasons. The chairman, following my discussion with him, capitulated and said that I would be offered jobs. A week later I received a letter telling me I had to attend a disciplinary hearing citing untrue vague allegations, nothing specific - it's this coming Friday. Up to now I have no information about exactly what issue or issues they hold against me. I asked that copies of any documents or other evidence that the hearing would refer as well as specific details of the "charges" to be given to me by 14th February. Nothing has appeared. Yesterday I emailed again stating that I had heard nothing. I've had no reply at all. In my opinion it's grossly unfair to expect me to attend a hearing blind and then to be able to answer whatever complaints they have against me and I'm thinking of telling them that I'll not attend on that basis. However, that may be counter-productive for me. Does anyone have any experience in this sort of thing? Where do I stand legally? etc. What's best for me to do? I'm really feeling picked-on and badly treated here but I'm floundering to know what to do. If they give me no work then I'm going to be several hundred pounds out of pocket. I will also lose touch with this particular work environment which would be detrimental for my future prospects. I have done nothing wrong and I have no idea what they are going to accuse me of. Can anyone offer me any advice please?
  7. The claim was originally done online so I don't have any original paperwork. How do I send it if I don't have it? Will the court give me suitable documentation?
  8. It was by post, dated 3rd December, received by me on 7th December. So, just to clarify. If set aside is granted then effectively the case is dismissed and I have to re-issue everything from the start, as per a brand new claim? And I have to pay all the court fees again? That seems unfair. And then what's to stop her saying that she hasn't received it all over again?
  9. Oh Lord! I meant 7th December, yesterday, that I received notification of the hearing. The hearing is Wednesday 12th December. You're confused? I must be seriously confused, sorry. Anyway, I've decided that on balance set aside will probably be granted so I'll just send in my written deposition to be put before the judge and await the outcome. If set aside is granted what does that mean in practice? Will the case automatically be relisted or do I have to resubmit all the paperwork from square one as though it's a new case?
  10. I understand about the likely granting of set aside and in truth there's no real problem in delaying the case from my point of view. However, I didn't even receive 7 day's notice of the hearing date so how on earth could I have sent anything in before 7 days? I only got two working day's notice.
  11. New heating boiler, not kitchen. My existing boiler is broken and needs to be replaced urgently as there is a disabled person and three children in the house. Cancelling is not an option and there is no-one available that I can call on to house-sit, neighbours and friends all out at work during the day and no available relatives. Wouldn't be appropriate anyway as I need to be on hand to supervise on certain technical matters. It would have been less of an issue if I'd received reasonable notice instead of two working days. But as things stand I cannot attend that morning and the court tells me there's no time to consider an application to re-arrange so what the heck am I supposed to do? Yes, we continued to converse on FB, primarily because the defendant kept sending taunting messages claiming that she'd moved house amongst other lies.
  12. Understand that reasoning but giving me two working day's notice is not exactly good practice either, is it? Well there's no way I can pull the heating job at short notice either and as our existing boiler is not working cancelling the job until well after Christmas is simply not an option for a household with a disabled adult and three children. As usual, it seems, the system is biased. Surely if I send in a written deposition it has to be put before the judge? If it isn't would that not be an error in procedure? And no, there is no proof that the defendant received the claim pack but then there can never be proof as they are sent via ordinary mail. The saved Facebook conversations prove beyond reasonable doubt that she was aware of the case being in progress at several stages and she would have had ample opportunity to raise a query with the court. Would that not count in my favour? Absolutely anyone could claim non-receipt of the claim pack and unless the courts start sending them out recorded delivery no claimant can gainsay anyone that claims non-receipt.
  13. How do I best handle this situation? Defendant from whom I'm claiming cash refund + costs for faulty goods sold to me. Set aside hearing is 12th December; I received notification of the hearing at 3pm on Friday 7th November. I cannot attend the hearing as I'm having my central heating system ripped out and replaced on that day and it's essential that I'm at home. I telephoned the court immediately for advise on moving the date. The court official told me that as time was short I'm best off emailing my written reasons for opposing the application as, even if I sent the N244 first thing Monday there would not be enough time for the judge to consider it. The reason on the application is that the defendant claims she didn't receive the claim pack. It is total rubbish as communications have gone back and forth via Facebook and she was advised a) I was commencing court action, b) I had commenced action, c) telling her that judgement had been entered by default and that I was sending in the bailiffs. So she knew full well at every stage of the proceedings. I have copies of the conversations. I would have preferred to attend the hearing but it is simply impossible on that day. Should I go for an application to move the date anyway or not? If I do submit in writing could you give me some advice what to put in the submission please? Many thanks in anticipation.
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