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Everything posted by Laiste

  1. I am baffled by your comment that you are considering accepting Judgment, rather than defending this claim...??? Don't you think it's a little soon to be despairing? You sent me a PM this morning and I responded this morning. So you are not still waiting for someone to get back to you! You have (if your calculations are correct) 3 weeks before your defence has to be submitted, so I don't understand what the problem is suddenly? Whilst I have said the two defences you have drafted are not suitable, there are ones that I have written that you can adapt and people like Rory and Tomterm are extre
  2. Hi Electric, I have Application Notices. If you PM me your address and the details of your Mum's illness, I will take care of the necessary paperwork and send it to you in the next few days, to take to Court. You will need to cover the cost of me sending it by g/d to you. I trust this averts the crisis! Regards, Laiste.
  3. Hi Car, It's me again! I'm not surprised that you haven't had many replies on your thread, it's very much out of the way here! I would PM a Mod and ask for it to be moved asap. Caro is very helpful. I would also ask for the Default Removal part of the title to be removed, as it might mislead people as to what your thread is about, and of course it's about a Court claim now. Regards, Laiste.
  4. Hi Car2403, Okay, first of all take a deep breath, I can tell the Court claim has rattled you and I can understand why! Yes, they've issued it because you sent a CCA request, and it is standard behaviour from HFC and their solicitors I'm afraid! Secondly if you have calculated when the Defence has to be filed by, ensure you have included 5 days for service in addition to the standard 28 days. Regarding the Defence, you have until the 22nd Oct (?) to file it, so you need to stop panicking about submitting it! It can be filed online up until 4pm on the 22nd(?), so there is no need t
  5. Stays and set asides are different. A stay delays proceedings for a period of time, which is generally a timescale determined by the Court. Of course an individual can politely request that the case is stayed for ??? weeks/months/yrs-last bit only joking! lol A set aside basically overturns a Judgment. It doesn't mean the Claimant cannot issue a further claim, it depends on the particular circumstances surrounding why a set-aside has been sought. Regards, Laiste.
  6. What I forgot to mention last night also is that where you are challenging the legality of a Default Notice due to penalty charges being included in the amount that was claimed, said Notice therefore being legally unenforceable, that would also be grounds for securing a stay, as it comes back to the legality or otherwise of penalty charges, which has yet to be established. These arguments would also work where for example, a debt has been sold to a DCA and you are challenging the legality of the Notice of Assignment (NoA) on the basis that penalty charges have been included in the total a
  7. Hello everyone! Just wanted to say, for anyone who finds themselves in receipt of a Court claim. If you want to buy yourself some time maybe for financial reasons, (the cost of filing a c/c) or just to have some time to put together a c/c; the best way of doing this where penalty charges have been levied to an a/c, is to file an Application Notice seeking a stay of proceedings until the OFT case has been heard next year. It will be granted without any problem, so is the best way of securing a stay if you need to, whatever your reasons! I have a draft of what would be appropriate to includ
  8. I will continue to offer advice based upon the strategy that I know works to get people out of debt permanently, so that they can move on with their lives! Zhanzibar, ultimately it is up to you what you do. You came to me for advice and I've recommended how you should proceed with matters. I wish you every success whatever you decide to do! Regards, Laiste.
  9. Caro, The colour issue was not intentional. I had various problems and I'm the 1st to admit that me and computers don't always get along! Unfortunately that's how it came out! The yellow text isn't what I've written and if it can be altered, I have no problem with that. Laiste.
  10. Laiste.... I doubt that you will ever see my point of view on this. Why would I? It makes no sense! However, at the end of the day, I know what can be achieved by following the methods outlined earlier and that's good enough for me. That's the salient point isn't it? It's good enough for you! Unfortunately though, as a strategy to help others, it is woefully inadequate and that's being kind. Any letters I have written in response to those received from creditors have not requested or reminded any of them of their legal responsibilities... but have mentioned questionable aspects of their busine
  11. Hi Linz, Thank-you for your lovely comments, high praise indeed! I am very pleased that my advice has helped you both directly and indirectly and reassured you also. I am in agreement with you that for many people the prospect of Court is petrifying and I understand that entirely! The stark reality is however, if you are not making normal payments to an a/c, at some stage a Court claim will be filed.These Companies as everyone knows, play hardball, so why anyone would assume that they will be allowed to continue making nominal pmts forever and a day, with the Bank's blessing, wh
  12. Good morning all! I am very busy at the moment, so I'm sorry I haven't yet responded to your post yesterday Priority-I will in due course. Lets be absolutely clear, there is no difference whatsoever between chasing CCA request defaulters and pointing out the law to them! The distinction is being drawn without there being a difference! Correct me if I'm wrong, but if you are inclined to send follow up letters, are you not making reference to the law, or are you simply making a polite request with no reference to the law at all? Priority, your creditors have backed off, for now..
  13. Hello Priority. Thank you for your message. Unfortunately, I don't have time right now to address the substantive points you have raised, but I will respond later this evening to your comments. Some of your remarks are misleading and insulting, but I will deal with those later, and as you say we can move on...... Regards, Laiste.
  14. Hi Electric, This message has been a long time coming!!! I have advocated putting in the Application Notice to stay proceedings because it is the best course of action to take. You can't just "gen up" on the Wilson case and hope you'll be able to wing it! You have to argue your case on the basis of what's included in your Defence and we have not included the Wilson case. That's why I said a while ago that your Defence needs to be amended! It is quite common for Defences and Counter-Claims to be amended during proceedings and this may happen more than once. The reason being, as a
  15. I need a lie down in a darkened room now, or a large glass of wine!!! lol The latter sounds better however.... I think it's easier if I simply re-type what I said earlier, I feel it might be the abridged version, before that large glass of wine..... Regards, Laiste.
  16. Hi Bookworm. I have just received a PM from CagBot saying that my message was approved?!! Can you confirm whether or not it will appear, as I will not be a happy bunny if I type it all out again and then it pops up in the thread!!! Regards, Laiste.
  17. I'm intrigued now....who is this person that used to post on here? Laiste.
  18. After Electric posted up her message, I noticed someone had posted a message detailing websites and saying that Electric should visit those, as the sites were much friendlier! I assumed he was having a pop at me given that I'm a little sharp sometimes!!! Anyway, I ignored it and simply replied to Electric and now my post has gone!!! Mods can you please post up my message, I don't really want to type it all out again!! Laiste.
  19. Hi Electric, As I've said in previous posts, the Defence needs to be amended, so you will not be in a position to argue your case based upon information that at present isn't included in your Defence! If you start arguing points that are not included in the Defence, trust me, the Judge is not going to be happy with you, especially if it's the same guy as last time! It is quite common for Defences and Counter-Claims to be amended during proceedings and for it to happen more than once, as very often certain information comes to light during proceedings that materially alters certain facts o
  20. There is something I forgot to mention earlier....Given the ever rising levels of personal debt in this country and also the recent credit crunch, creditors are prepared to issue Court claims much sooner than previously they would. They are also willing to issue claims where previously they wouldn't have considered it. So anyone who has entered into some sort of pmt arrangement with an OC/DCA, shouldn't for a moment complacently believe that a Court claim won't be issued against them. The only loyalty an OC/DCA possesses is to the bottom line, which is profit and recouping debts one way o
  21. Now, now, Curlyben get it right, Queen of the claim and counter-claim! Fancy only stating 50% of what I do, shameful! You're not suggesting that we go a little easier on DCA's are you? That would be tantamount to heresy as well as making me feel a bit queasy! Your sentiment is noble in trying to protect those vulnerable people who are in debt and haven't discovered this site, but sadly you can't! Whatever, you decide to do or not to do, DCA's will go after people they decide owe them, or a client money. In fact, the best thing you can do is sue the DCA's and hopefully put them out of busi
  22. Hi VV, If I am assuming correctly that you have given me the rep, I loved your comments! lol:p I am pleased that my post has helped you, it's all about knowing how best to proceed from the CCA request onwards. I just hope other people will read what I've written and stop chasing OC's/DCA's for agreements. On the face of it, pestering these Companies following the expiry of the prescribed periods for compliance seems like the logical thing to do, but it is the single most damaging course of action a person can take. Just because chasing the OC/DCA is the most obvious thing to do, doe
  23. I just want to make the point that I haven't addressed any of P1's or Curlyben's points in my reply to VV, because it's taken a while to write my last post! lol I appreciate Curlyben/P1 that for you both, Court is something that you want to avoid at all costs. Unfortunately however, it is not your decision to make! If you are not making normal pmts to an a/c, short of admitting liability for the debt, or agreeing to a Charging Order on your property, the Company that owns the debt has every right to issue a Court claim and you have no way of influencing that decision, I'm afraid. Which is
  24. Hi VV, Yes, that's exactly what I'm saying! It serves no useful purpose whatsoever to send any letters to OC's/DCA's once a CCA request has been made! In fact, if anything it will have a detrimental effect on your case! I have been making this point till I'm blue in the face and unfortunately some people on here are giving contrary advice, when they know nothing about the litigation process! Nobody can afford to take a narrow view of a situation once pmt problems start, you have to look ahead from a well rounded perspective. Hence why I say start preparing for a Court claim to be issued f
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