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kayastley

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  1. Hi all, All has been well until recently. I just need some advice please. I sent my Court form requesting the Forthwith CCJ be varied to monthly installments with I&E on 31.01.2013. (Cheque has been cashed in Feb 13) On exactly the same day my creditor's (DLC) solicitor (Aplins) sent in a Charging Order application to make Nisi = Final. I have a Court hearing for CO on 12.04.13 but have heard nothing regarding my CCJ variance order. I have spoken to the Court twice who state they have sent the Variance forms to creditors solicitors )Aplins) on 08.02.13 but have had nothing back and cannot proceed without a response. The Creditor (DLC) have heard nothing from their solicitors regarding this paperwork but have agreed to the installment arrangement I have applied to the Court for (1st payment due 01.04.13). I am fuming as the solicitors are blantantly sitting on the paperwork so they can secure a CO. I know the Court has to consider the variance order before the CO application and I am filing a defence and attending in person for the hearing but need to know who to contact first regarding getting the variance order heard first. SURELY there is a time limit following the receipt of court documents that the receipient must respond by??? They received it on 08.02.13, thats 6 weeks ago!!!!!! Kind regards Kay
  2. Hi Andy, Thank you for your last response. Sorry about leaving personal details in my post, I had checked them but obviously not close enough. I appreciate the honesty. It was a straight template copy from the CAG website but at the time I didn't know any better ( Amazing how fast you learn when you have to) . I am a little confused with your advice though in the last post, should I apply for the CCJ to be set aside then, using the N245 or should I let the CCJ stand and request application to the Court for instalments using N245? I haven't received anything yet from Land Registry so I assume it would go to the Baliffs if I didn't action it, although that's not going to happen. With warmest regards Kay x
  3. And as promised: Default Notice 15.06.2010 Final Demand letter Generic assignment letter - date unknown. Kay x
  4. Here are the other documents: CPR31 response letter Debt sale agreement pg1 Debt sale agreement pg2 Debt sale agreement terms pg3 Financial History. I will attach in the following post: Default Notice 15.06.2010 Final demand letter
  5. Good evening Andy, I've posted my original defence in response to the Claim form. This is the only defence I have filed. I know I've messed up with this case and just wonder whether it's better to contact Hillesden and see if I can sort out a payment arrangement with them or apply to the Court to ask for the Judgement to be changed from 'Forthwith' to an installment order. Can I still do that even though it has been transferred for enforcement? I will contest the Judgement if I have grounds but I have to hold my hands up to this one and admit that although they have made some mistakes, it is my fault ultimately for not taking action sooner. What do you think? With thanks Kay
  6. Thank you for your reply steampowered. The CCJ was issued 16.01.13 but it was sent 2nd class with Royal Mail, so I didn't received until Monday 21.01.13. I appreciate that the timescale is tight but I wanted to get advise before I actioned anything. Kay
  7. Hi Andy, I've attached the: Claim Form issued 09.07.12 The Application Notice (Court Copy) and Directions Order to lift Stay and S/O Defence issued 02.01.13 (which came together) - No copy from Claimant prior to Directions Order 02.01.13. Forthwith CCJ Order issued 16.01.13. I will upload the CPR31 response letter, Default Notice, Final Demand letter and debt sale agreement tomorrow, as I need to get some sleep. Question? I've just noticed that on the POC's on the Claim Form, it states that all legal and beneficial interest for the monies was assigned to Hillesden Securities on 29.03.2012 although the Debt Sale Agreement is signed 04.06.2010. Do you think it's worth trying a N244 to have the Judgement set aside or should I just try for damage limitation as it has been transferred for enforcement? ]You know I'm always ready for a fight but I don't want a Pyrrhic victory. Should I just bite the bullet on this one??? Kay x
  8. Sorry Sensei , In response to your questions: Your defence was due in August in 2012 they made application in Dec 2012 (did you receive notification from the Court or the claimant...?) -] I received notification from the Court attached to General Directions]Order for the stay to be lifted and defence S/O . any hearing? - They requested "Without a Hearing" on the Application Notice. what evidence was attached to the application?) - No evidence attached on the copy sent from the Court. Aren't they supposed to send me a copy of the App Notice so I have chance to respond??? I'm just putting little one to bed and then I'll scan up my documents. Thank you Kay x
  9. Hi Andy, Thanks for responding so quickly...again Just going through the paperwork and I've found an Application Notice dated 06.12.12 and a General Directions Order dated 02.01.13 ordering that: "The stay be lifted and the defence is struck out pursuant to Civil Procedure Rule 3.4(2) (a). I know what the CPR 3.4 2(a) means after HSBC/Restons. Oh Bugger! I can't believe that I haven't actioned this. I've been so busy with Restons that I've shot myself in the foot here. Any suggestions Andy??? Kay x p.s. Just going to pick my little one up from nursery so may not respond to any reply's for a while
  10. HANG ON! I filled my defence to the Claim form using MCOL. How come, this has been dealt with without a hearing!!!! How can they obtain a default CCJ if I responded to the Claim Form stating I was intending to fight the whole amount!!!!! Kay x
  11. Good afternoon all, Well after round one with HSBC, I now have an additional problem with Hillesden Securities/Black Horse. My question is.. Can a debt be enforced if the Default Notice was issued AFTER the debt was sold? I have received a Default CCJ by Hillesden Securities. I requested documents under CPR 31 (1st request - 29.07.12, 2nd request 13.08.12) but didn't receive a response until 20.11.12. Included in the paper work is the Default Notice from Black Horse dated 15.06.2010 and the Debt Sale agreement between Black Horse (original creditor) and Hillesden dated 04.06.2010. This means that the debt was sold on 11 days before the DN form Black Horse was issued. Even though Black Horse didn't own the debt anymore. Can they do this? I have now received a Default CCJ payable "Forthwith" on 16.01.13 for the full amount and have today received a notice of transfer of proceedings from the Court stating the claim has been transferred to my local court for enforcement. The 14 day period for responding to the CCJ is up today (plus time added for service) and I'm not sure if it's a N244 or N245 form I need to submit to ask for the CCJ to be overturned and also whether to send the form to the original issuing Court - Northampton or the Court now dealing with the Enforcement - Birmingham. Just another thing, I submitted my original defence in response to the Claim in time to the Court (MCOL) and have just noticed that the case wasn't transferred to my local Court. Strange!! Just to clarify, I didn't action this earlier not because I couldn't be bothered, I have been so caught up with my fight against HSBC/Restons, that I completely forgot about the timescales and received a CCJ in default for not responding quickly enough. All advice welcome. Kay x
  12. Hi Andy, thank you. I was really surprised it went so well. The Judge did seem to sympathise more because we were litigate in person. They did ask for costs but the Judge firmly stated "case costs" - they wont be happy with that! I will scan the Summary of costs from them. I have been meaning to do it sooner but I've been working all weekend. You'll never guess how much they wanted to claim....... £5300! I shouldn't be surprised really but even I was taken aback. I get paid next Friday and so will be making my donation to CAG then, if that's OK, sorry it's not sooner. I'll get the cost docs scanned up later so you can have a look. Thank you Andy x
  13. Dear All, I apologise for not replying sooner but I had to go straight to work following the the hearing and didn't finish until 11:30 last night. Well! it went well. The Judge dismissed the Claimants Application for Summary Judgement on the basis that: There is a triable issue to be examined further at trial in regards to our Claim that an effective Default Notice has never been served and the Claimant cannot produce any evidence regarding method or proof of service. That the system template letter submitted by the Claimant confirming the agreed payment arrangement (in the absence of the actual letter) was only advising that the agreement was 'concessionary' and did not explicitly state 'Temporary.' The Judge's view was that word 'concessionary' did not in fact mean for a fixed time only and disputed the Claimants right to unilaterally and uneviquicably demand more money after agreeing to the concessionary payment arangement. However, we didn't get it all our way. There was an issue regarding the clarity of whether the £40 repayment plan included repayment for the personal loan or overdraft facility. There was also an issue with the POC's on the Claim form regarding this which, to be honest, I didn't fully understand. The upshot is, that the payment arrangement was in place for the personal loan before the two accounts were merged and the demand was made by Claimant for the overdraft and therefore they are not estopped from asking for the full amount - £1116. The Judge did agree with us that we had entered into a repayment arrangement with the Claimants collection house - Metropolitan but upon examination of the Statement of account exhibit for the Claimant, judged that the payments had not been made consistantly and therefore the payment arrangement had been broken by me. The Claimant also said that we had not made any payments since the beginning of litigation, which is true as since Restons have always refused any payments since issuing the Claim form. We did try and explain that the Statement of Account only shows the date that Metropolitan actually processed the payments and apply them to the account and that I had actually made the payment prior to the requested date of the 28th of every month, but we had never submitted them as evidence and so he decided that the repayment plan had been broken. The Judge didn't dispute that we had tried to make payments and asked if we still had the repayment money, which we do. So he ordered, that within 28 days we: Pay Claimants solicitors the agreed monthly repayment plan arrears - 13 (months) x £40 = £520 plus we must continue to pay £40 pm (until full trial) to Solicitors as originally agreed in the installment arrangement. We pay the Claimants solicitors the full balance of the Overdraft Facility of £1116. Cost in the Case We are going to contact HSBC on Monday to see if the PPI redress (£3208) that has been awarded to us by FOS a few months ago, can be set-off towards the £1116 and the balance to be credited against the approximate loan balance then outstanding of £14,700. I am also going to write to Restons on Monday to request their details so we can make the monthly payments as ordered and to attempt to re-open lines of communication regarding amicable negotiations. (Unlikely to happen, but I live in hope) I are truly grateful for all you help, advise and just general concern regarding this and I will be making a donation within a few days. Not as much as I would like to but something is better than nothing. Kay x
  14. I'll give them a call tomorrow. I've said thank you to you so many times, it feels like it's not enough anymore but it really is sincere. Thank you Andy and the CAG site team. I'll update as soon as there is news. Wish me luck Kay x
  15. Andy, you must of read my mind when posting your last post. I was just wondering how to work out my costs, thank you. Regarding letting the Court know in advance about a Mackenzie Friend, how do I do that? I'm just conscious of the timescale, with the hearing on Friday. Kay
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