ok thanks i'll take a look at these.

No my summons in January said that the court date was in April. However, i didn't know if this was the exact date, or if we would receive confirmation. I also thought that as the solicitors had sent us their application form showing that they had requested a months stay that we would have a new court date. the last item received from the court was dated 15th jan, it said that within 14 days the claimant must file and serve original loan agreements, default notice, evidence of service and statement of defendants account. on this letter it says that a case management conference is listed to be heard at the court on the 22nd april. (As we got a copy of the solicitors application on the 26th January, saying they wanted a one month stay but no court mediation, I presumed that the court date would also be set back and this is where it all started to go pete tong) Its obviously my mistake. last comm was general form of judgement says it is ordered that 1) defence struck out 20 there be judgement for the claimant for XXX amount and costs of XXX payable forwith upon service of this order dated 22 april although date on form in right hand corner is 28th april I can see that I have made a mess of this and now guess i just need a way to repair it, we cant afford to pay the whole amount at once, i'm worried they'll get a charging order on our flat, I need to somehow let them know about boyfs DMP - all his spare cash goes to that, he has no spare money!

thanks.

thanks for replying anyway - what triangle? the one that says report a post? i can't see any others!

Is there anyway we can appeal or resit the court hearing? The original date was set for april in January but as there have been various delays requested by HFC we thought this date would be changed. Are we stuffed now? Can they get their hands on my house?

great - well have just received a letter saying that our claim has been struck out as the session was heard - aren't we supposed to be given a date and time to attend? Is that it then? I'm so gutted, I knew this was a bad idea, next time I will be just admitting it. Can anyone help please, I've been trying to ask for help on here for ages but i've only had one reply in about a month.

Hi, yes it looks fine (as far as I can see!) Will them not having a complete copy of the loan agreement help in any way?

bumpy bump

Ok Weightmans seem to have ignored the fact that we sent a copy of our defence to them and have now sent us a copy of the claimants response. What do you think? I haven't written it all out exactly but this is the jist of it. They have a copy of the of the first page of the original loan agreement, and state that due to high volumes originals are not kept but are instead microfiched. It says - despite efforts to retrieve such, the claimant has so far been unable to recover a complete copy of the loan agreement from the archives. The Claimant continues to use its best endeavours to recover the remaining pages and a copy of these will be forwarded on receipt. They attach the copy of the default notice which is recreated from electronic records, as it has no further proof of service other than these records. Two typed statements of account, marked 1 and 2. The first statemnet of account has been compiled using electronic records. the opening and running balanceds of the first statemetn do not reflect the interest payable on the amount of credit loaned to you (I guess as it was buy now, pay a year later or then pay all the interest) and the second statement has since been adjusted to reflect the interest payable by us under the loan agreement.

thanks for this. My brother emailed the insurance company asking about the possibility of them rescinding the current cheque and issuing a new one to him. I will however, give him these links as I think this is going to drag on for a bit longer. thanks very much for your hlelp

I'm not sure where to put this really but I think it could go here. I am writing on behalf of my brother. He recently bought and lives in a flat and its a leasehold and it has Managing Agents (BLR Property Management) who are currently managing the flats. A loose soil stack flooded his basement (with some kind of sewerage no less ) and he claimed on the insurance. There ahs been absolutely loads of mucking about with BLR (sending round someone who had no idea of what to do and who instead asked my brother if he thought the hole in the wall should be bricked up or plastered!) It turns out that the soil stack was put in place badly and there was a chance of the insurance not paying out. If the insurance did pay out it would cost £1200 and not the £3000 that BLR had put a claim in for! Anyway, long story short - the insurance paid out £1157. They sent it to the managing agents. BLR Property management have kept the cheque (but not cashed it yet apparently) and are now no longer taking my brothers calls. If he calls they say the guy he has been dealing with is in a meeting and nobody calls him back. His emails are ignored. My brothers basement has been flooded, he needs to redecorate and get new carpets. He really needs this money. How exactly do we get the money off them? Can anyone help? This has been going on for months!!

bump

No i originally sent it to the court - thats what i am trying to find out, do I send them a copy of my form with our defence etc on it? Is this normal?

bump

Whats the button you press to ask for urgent help as my time is running out. I've not done anything with regard to sending the form to the solicitors and I need to find out what to do!

sorry, can anyone help please.

bump

Hi we received a letter this morning and its from Weightmans and its a copy of their allocation questionnaire sent 'by way of service upon us'. It says they wish to receive a copy of ours by return. Their form says they want a one month stay. However they have refused mediation. They have ticked that they agree to the small claims track but on the next page they have filled in the costs at £200 to date and an estimated £4500 overall costs. (it says don't fill this bit in if you have suggested your case is suitable for the small claims track so not sure what this is about). Also says they are calling a witness, presumably HFC. Not sure what to do?

Cool, OK I've filled it in, dated it tomorrows date and will send it recorded in the morning. ~Thanks very much and I'll let you know what happens. I know PGH - they have been fab. Hopefully if you read through you can see some of the mistakes I have made (sending the wrong letter out at the start ) and avoid them!

so in the part when I am asking for a stay of proceedings to use the court mediation services, i'm putting the date of the 26th Jan down? (it just doesn't seem much time)

One other thing - in a lot of your stuff it has (date) written on it, is this for me to fill in? And am I going by the date that this form is due back in court? thanks

right I'm doing it now. With regards to the correspondence sent to them - don't include the stuff sent back in the beginning of August when they were harassing him for voluntary charge orders, where he explained that he was on a DMP and that all money is shared between his creditors? Just stick to the legal stuff?

Where can I find the PDF? Is there one on CAG? (I've been searching but can't find it) i did find a PDF online but the wording is different so it seems it may be a different version. thanks for this

Firstly - D - says how many witnesses 'other than yourself'. So do I put zero rather than one - or is that one actually for me to go with him?Yes Yes to which one?!? Re General form of judgement - says 14 days of the 'service of this order' and the date on it is 15th January. Re downloading - OK I shall do it now then.

OK this all looks good and I shall bring in the password tomorrow and do it online. Couple of questions (fairly inane ones but I've never let that stop me in the past!) Firstly - D - says how many witnesses 'other than yourself'. So do I put zero rather than one - or is that one actually for me to go with him? Secondly - I'm really worried about the court dates thing. He works shifts - I cannot write down the entire years shifts in the box. I want to somehow indicate that he is in shift work without writing down all the dates. (in some cases he would be available in the afternoon and not in the morning and vice versa). He sometimes starts work at 2am or gets home at 2am. I guess if we knew far enough in advance he could tryto swap his shifts. Thirdly - G - There have been quite a few letters! One says thank you for sending the default notice and copy of the CCA however you did not furnish me with the details of charges applied to the account - is this the one? Or the original default & CCA request letter. Or everything! Lastly - At what point would I point out that they have filled in their court form wrongly (particulars of claim amounts don't match amount requested).